Knowledge


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31 March 2025

Moveable Transactions (Scotland) Act goes live today

Contributor: Neil Campbell

An overview of the key changes from the Moveable Transactions (Scotland) Act coming into force today, 1 April 2025. 

26 March 2025

Notification of first registration of crofts: A “belt and braces” approach?

Contributor: Stephanie Hepburn

This article considers the Land Court’s judgment in Toms v Lambert and what it tells us about the notification requirements that apply when a croft is registered for the first time.  

25 March 2025

Scottish Government introduces the Natural Environment (Scotland) Bill

Contributor: Ross Simpson

This article provides a summary of the main provisions of the Natural Environment (Scotland) Bill, with particular focus on the deer management provisions.

24 March 2025

Land Court grants declarator in dispute about the status of land on Strollamus Estate, Skye

Contributor: Stephanie Hepburn

Stephanie Hepburn acted for MacFarlane (St Helier) Corporation in a successful application to the Land Court for declarator that an area of land on Strollamus Estate in Luib, Skye, was not subject to crofting tenure and therefore the provisions of the Crofters (Scotland) Act 1993 did not apply. 

24 March 2025

On the verge – the extent of servitudes in Scotland

Contributors:
Emma De Sailly, Stephanie Hepburn

In this article, Stephanie Hepburn and Emma De Sailly consider two recent cases concerning servitude rights of access.

24 March 2025

Navigating torrential waters: surface water flooding and drainage in Scotland

Contributor: Stephanie Hepburn

Certain provisions relating to drainage of surface water may be agreed between neighbouring landowners privately, such as by way of a servitude, but what if no formal agreement is in place? This article looks at the common law position on surface water drainage. 

21 March 2025

Amendments to the Employment Rights Bill (and other recent developments)

Contributor: Olivia Greener

With the Employment Rights Bill expected to receive Royal Assent in July, this article highlights the significant amendments made following the Bill’s consultation period.

20 March 2025

Why reforms to Scots Law are set to accelerate clean energy ambitions

Contributor: Clare Foster

Clare Foster discusses the upcoming reforms to share security in Scotland, and the opportunities this presents for onshore wind project financing.This article was originally featured in The Herald.

19 March 2025

BVCA publishes new versions of its model investment documents

Contributor: Kirstin Mackay

The British Private Equity & Venture Capital Association (BVCA) has recently published amendments to its 2023 model documents for early-stage capital investments. This article sets out the key changes made to the model documents, the rationale behind some of these changes and the effect they may have on investors and founders.

19 March 2025

New changes to the Skilled Worker visa route

Contributor: Jack Freeland

The Home Office has introduced changes to the Skilled Worker route, effective from 9 April 2025. Jack Freeland, Associate in our immigration team, outlines the key changes below.

17 March 2025

Vicarious liability in sport: When are sports organisations liable for the actions of their personnel?

Contributor: Aine Coll

The recent allegations of extensive sexual abuse filed against former owner of Fulham Football Club Mohamed Al Fayed have raised questions around the liability of sports organisations for the actions of individuals who act on their behalf. 

12 March 2025

Shareholder Privileges: is the relationship between shareholder and company as closely aligned as it once was?

Contributor: Kypros Georghiou

This article explores the consequences of a recent judgment disapplying/disproving the existence of the shareholder rule, a rule stating that a company cannot assert its right to legal privilege against its own shareholders by withholding from them the disclosure of certain confidential communications or documents.

10 March 2025

Bank of England launches liquidity scheme for pension schemes

Contributors:
Peter Alderdice, Edwin Mustard

On 28 January, The Bank of England launched their liquidity scheme for pension funds with a view to support and stabilise funds and gilt prices in case of financial crisis. 

6 March 2025

Postponement of works: Valid variation or breach of contract?

Contributors:
David Anderson, Francis Reynolds

The recent Technology and Construction Court decision in Grain Communications Limited v Shepherd Groundworks Ltd found that an employer could instruct a variation to postpone works and not provide a definitive commencement date, leaving the contractor unable to recover damages for their losses. 

3 March 2025

Clean Power 2030 and the battery storage sector

Contributor: Colin Bathgate

On 13 December 2024, the UK government published its much-anticipated Clean Power 2030 Action Plan (“CP 2030”). The publication is lengthy and wide-ranging, and sets out how the government will obtain its target of achieving clean power by decarbonising the electricity grid by 2030, one of the government’s five ‘missions’ in their manifesto.

25 February 2025

Litigation funding: Living in self-inflicted interesting times?

Contributor: Ben Pilbrow

A range of events in recent years have plagued litigation funders – but are some calls coming from inside the house?

18 February 2025

Your questions answered: How can a trust be used to support a vulnerable person?

Contributor: Justine McCluskey

For those with concerns around how they might provide for vulnerable loved ones in future, trusts can provide a valuable planning opportunity – but should also be approached with caution.

18 February 2025

The vital role of ESG in the UK’s energy transition

Contributor: Jamie McRorie

With market and legal pressures increasing ESG accountability, what does the future hold for ESG in relation to the UK’s clean energy transition?First published in The Scotsman.

17 February 2025

How can share incentives help your business?

Contributor: Gavin Charlton

The recruitment and retention of top talent is crucial in ensuring the continued growth of a business. Unlike more established companies, start-ups generally lack the cash flow to offer truly competitive salaries and cash bonuses when recruiting talented individuals. Employee share schemes are a useful tool for bridging this gap and allowing smaller companies to offer more competitive pay packages.

17 February 2025

The cloudy world of “lookalike” products: Thatchers succeed in appeal against Aldi

Contributor: Ruairidh Leishman

In Thatchers Cider Company Limited v Aldi Stores Limited, Thatchers were successful in their appeal, finding that Aldi’s product had infringed Thatchers’ trade mark. This decision may alter the legal landscape for future challenges to “lookalike” products.

10 February 2025

Is regulation of litigation funding sector inevitable?

Contributor: Ben Pilbrow

An overview of the current regulation of the litigation funding sector in place and whether it is sufficient. 

6 February 2025

The liberalisation of champerty? Not quite.

Contributor: Ben Pilbrow

A look at the court’s application of the doctrine of Champerty in light of the recent case Tactus Holdings Limited (in admin) v Philip Mark Jordan.

3 February 2025

Court holds consultant’s negligent ground condition report did not cause property developer’s loss

Contributors:
Iain Drummond, Alejandro Coghill

The Technology and Construction Court held in Darcliffe Homes Ltd v Glanville Consultants and another that a consultant was not liable for a property developer’s loss despite negligent advice in the consultant’s ground condition report. 

29 January 2025

Online Harms – enforcement begins in 2025

Contributors:
Joanna Boag-Thomson, Alison White

Internationally there has been a significant drive to address online harms, particularly in protecting children’s experiences online. In the UK, Ofcom have recently published their final version of the Illegal Harms Codes and guidance on Age Assurance, which follows on from the UK Online Safety Act.