Knowledge


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3 December 2024

Carrots and sticks – improving energy efficiency of non-domestic buildings

Contributors:
Matthew Lamberton, Scott Ritchie, Alannah O’Hara

The Scottish and the UK governments have produced regulations that are intended to improve the energy efficiency of existing buildings in the UK – but the respective administrations have approached the issue in very different ways. Our briefing paper compares the two.

29 November 2024

New rules allow courts in England and Wales to order use of alternative dispute resolution

Contributor: Iain Drummond

Recent changes to the Civil Procedure Rules have sought to promote the use of alternative dispute resolution (ADR). The Rules now empower courts in England and Wales to order parties to engage in ADR under certain circumstances.

28 November 2024

Amendments to the Employment Rights Bill (already!)

Contributor: Andrew Knight

Only weeks after the Employment Rights Bill was published, an amendment paper has been brought forward. This amendment paper will help to clarify and iron out proposals in the original Bill, giving employers and HR teams greater clarity on their obligations.

28 November 2024

Revitalising Scotland’s energy future: Labour’s commitments to streamlined offshore wind development

Contributor: Emma Reid

Much change is needed to progress Scotland’s clean energy targets – here we detail the new Labour government’s commitments thus far. First published in The Herald.

20 November 2024

Enforcement of the Energy Savings and Opportunities Scheme

Contributor: Anna Brenstrum

An outline of qualification under and key requirements of the Energy Savings Opportunities Regulations 2014. 

18 November 2024

Construction contract notice provisions held to be conditions precedent to contractor’s claims for loss and expense

Contributor: Iain Drummond

The Inner House (appeal division) of the Scottish Court of Session held in FES Limited v HFD Construction Group Ltd that a contractor was not entitled to claim for loss and expense as it had not followed the notice provisions under a construction contract.

18 November 2024

The Autumn Budget: How employee share schemes still offer tax benefits in a changing landscape

Contributors:
Rodger Cairns, Gavin Charlton

Despite the changes brought by the recent Autumn Budget to Capital Gains Tax and National Insurance Contributions, employee share schemes continue to offer companies a compelling, cost-effective means of attracting, retaining, and rewarding top talent.

18 November 2024

Energising hospitality: Key points to consider in electricity connections

The electricity network in Great Britain is undergoing extensive transformation. Energy regulation expert Scott Rodger explores some issues for the hospitality industry to consider when looking to connect to the grid.

15 November 2024

“Copycat” brands – how close is too close?

Contributor: John MacKenzie

What is a “copycat” brand, and how can you avoid trade mark infringement and passing off?

13 November 2024

Could fashion be forced to slow down? The French Bill trying to combat fast fashion

Contributor: Carly Duckett

The fast fashion industry has boomed over the last decade. With that growth, however, the scrutiny to which the industry has been subjected has increased significantly. Against that backdrop, Carly Duckett explains the direction of travel in France, one of the first countries considering penalising fast fashion brands.

13 November 2024

Health and safety in the forestry industry

Contributor: Kevin Clancy

Working in the forestry industry carries inherent risks, but there are measures that can be taken to mitigate these and increase safety for workers in the sector.

12 November 2024

Elephants never forget… witnesses, not so much

Contributor: Ben Pilbrow

A look at how the courts approach witness evidence where a witness’s memory has been lost or changed over time and consideration of how scientific research on human memory is making its way into the courts in light of the recent Wirecard case.

11 November 2024

Succession planning now a must post budget

Contributor: Petra Grunenberg

The recent budget, announced on 30 October 2024, brings significant changes to Inheritance Tax (IHT) reliefs that could impact the future of farming businesses. Find out what you need to consider as part of your succession planning.

11 November 2024

A trial of errors: Trial witness statements and their compliance with Practice Direction 57AC

Contributor: Ben Pilbrow

A look at Practice Direction 57AC and where solicitors risk going wrong in light of the recent Fulstow v Francis case. 

11 November 2024

Tree felling permissions and considerations

Contributor: Stephanie Hepburn

In order to fell a tree, there are two key considerations: tree felling permissions and title conditions which prevent tree felling.

7 November 2024

The fine margin for natural justice challenges: Lord Sandison finds no frolicking and enforces the adjudicator’s decision

Contributor: Iain Drummond

The recent Court of Session decision in ATG Services (Scotland) Ltd v Ogilvie Construction Ltd highlights the court’s robust approach to enforcing adjudicators’ decisions.

7 November 2024

Back to buy-in basics

Contributor: Richard Jones

The defined benefit pensions landscape has seen a fundamental shift from deficits to surpluses, leading to record numbers of schemes buying in their liabilities with an insurer. Richard Jones answers all your burning buy-in questions.

7 November 2024

Your guide to English and Scottish banking and finance terms

Contributors:
Fiona Buchanan, Andrew Kinnes, Hamish Patrick

The law of Scotland and England isn’t the same when it comes to finance transactions – we’ve compiled a comparison of key terms and expressions you may come across. 

7 November 2024

Expectation vs reality: The Autumn Budget’s impact on pensions

Contributor: Thomas Boyle

In the run up to the Autumn Budget, changes to pensions were a focus of speculation for many. This article considers pre-budget predictions and, now that the budget has been announced, summarises the actual changes included. 

6 November 2024

Scotland’s forests, woodlands, and diverse ecosystems: A biodiversity playground

Contributor: Katie McNab

Scotland’s forested landscapes play an integral part in the country’s biodiversity. As the demand for sustainable forestry practices grows, legal expertise will continue to play a pivotal role in balancing environmental integrity with economic benefits to help facilitate ambitious new projects.

6 November 2024

Commercial lease guarantees and AGAs in Scotland – what you need to know

Contributor: Hannah Swinton

Guarantees are common features in commercial leases and can be useful – however, they should be treated with caution and care to avoid expensive legal pitfalls.

31 October 2024

The Autumn Budget: What does it mean?

Contributors:
Douglas Sinclair, Erin Ryan

On 30 October, the Autumn Budget was announced, confirming a myriad of tax changes.

28 October 2024

Interest rates in construction contracts: What is considered a “substantial remedy”?

Contributor: Leigh Herd

Two recent TCC decisions have clarified how parties can disapply the statutory right to interest on late payments under the Late Payment of Commercial Debts (Interest) Act 1998. These cases provide insight as to what counts as a “substantial remedy” that can oust the 1998 Act.

23 October 2024

Court holds exceptional circumstances required for an injunction to restrain adjudications

Contributor: Iain Drummond

The recent Technology and Construction Court decision in Beck Interiors Ltd v Eros clarified that exceptional circumstances are required to injunct an adjudication from proceeding.