Knowledge

In December 2024, the Scottish Government published a consultation document in relation to a proposed consultation of Scotland’s building and fire safety regulatory frameworks. Comments on the consultation have been invited from those operating in the industry.

Port infrastructure and the Clean Energy 2030 plan – challenges and opportunities.First published in The Herald.

The recent case of The British Council and Mr P Sellers highlights the impracticality of re-engagement as a remedy to a successful unfair dismissal claim.

Partner Peter Smith reflects on how well his predictions fared last year on the Aberdeen property market and discusses what the significant factors will be for the year ahead.This article was first published in The Press and Journal. 

A Bill dealing with automatic continuation of leases known as “tacit relocation” and other aspects of termination of leases, as addressed in a Scottish Law Commission 2022 Report, has now been introduced to the Scottish Parliament and seeks to clarify the law. 

During October/November 2024, the UK and Scottish governments held a consultation on proposals to reform the consenting process under the Electricity Act 1989 for electricity infrastructure in Scotland. The impetus behind the proposed reforms is to accelerate the transition to clean power and achieving net zero.

As businesses brace for challenges in 2025, rising costs and an increase in winding-up petitions highlight the issues surrounding unpaid debts. Creditors need to exercise caution, while debtors should promptly communicate any disputes.

The UK’s recent accession to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) marks a significant milestone in its trade strategy, positioning the UK to engage with some of the fastest-growing economies in the world. The CPTPP opens up a wealth of opportunities for UK Businesses and Consumers, allowing UK exporters to tap into an impressive consumer base of over 500 million people. 

Analysing the decision in Shell UK Ltd v Persons Unknown, specifically considering the requirements for an injunction/ interdict against persons unknown in England compared to Scotland, the balance of the right to protest with the right to carry out lawful business, and the Aarhus Convention defence advanced in the Shell case.

In BDW Trading Ltd v Ardmore Construction Ltd, the Technology and Construction Court recently determined that, by virtue of The Building Safety Act 2022, an adjudicator appointed under a construction contract had jurisdiction to determine a claim for defects under the Defective Premises Act 1972 on a project competed some 20 years previously.

The Scottish Ministers recently announced the Moveable Transactions (Scotland) Act 2023 commencement date, alongside a number of other key features that you should be aware of.

The Technology and Construction Court (TCC) upheld the adjudicator’s decision in the case of Essential Living (Greenwich) Limited v. Conneely Facades Limited [2024] EWHC 2629 (TCC), rejecting allegations of bias and breaches of natural justice. 

This note sets out the practical steps to be taken to enforce the most common forms of commercial security in Scotland and the effects of such enforcement. 

Court proceedings and litigation are not always the best avenue – mediation can sometimes be the best path. This is especially true for areas like the rural sector, with typically tight communities and tight knit nature.

There are two distinct forms of civil liability for loss caused by animals: liability based on the fault of the owner and strict liability.

This article looks at a case in which the Court of Session dismissed a personal injury case at debate. This is an unusual outcome and highlights the duties of occupiers towards those using their premises. The case affirms that there is no duty to protect against reasonably foreseeable harm.

Should you decide to write your will on the back of a couple of boxes of festive mince pies this Christmas, would it be considered valid?

Following a number of recent instances of tragic deaths of dog walkers and other individuals exercising access rights, The Health and Safety Executive have provided information on how appropriate signage might help to reduce risk of death or serious injury caused by livestock, and keep landowners on the right side of the law.

Despite volatile conditions in recent years, the Scottish property market has managed to regain stability in 2024, with both Edinburgh and Glasgow have seen an increase in property prices and rent prices. This article was first published in The Scotsman.

Elaine Brailsford, Consultant in our rural disputes team, outlines the remedies available when another party has encroached upon your land or upon your right of access.

With port infrastructure being key to Scotland’s offshore wind potential, it is vital that it sees strong forward progression. There has been a lot of positive change for the sector over the last year – but is it happening quickly enough? First published in The Business.

The recent Autumn Budget announced major changes to Agricultural Property Relief and Business Property Relief. Previously exempt, farms valued at over £1 million will now be subject to an effective Inheritance Tax of 20%.A shortened version of this article was first published in The Business.

The Health and Safety Executive has published its annual statistics on work-related ill health and workplace injuries.

Head of our immigration team, John Vassiliou, explains seven ways American citizens can move to the UK.