Knowledge


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23 October 2024

Estate planning tips to prepare for Chancellor’s Autumn Budget

Contributor: Alexis Graham

With the Autumn Budget approaching, it’s easy to get overwhelmed by potential changes impacting estate planning. Alexis Graham offers tips to be well-prepared by 30 October.

22 October 2024

The DMCC Act: Subscription contract compliance

Contributor: Jonathan Carey

The Digital Markets, Competition and Consumers Act 2024 develops the law regulating subscription contracts. This article explores the new rules relating to subscription contracts set to take effect in 2026. 

21 October 2024

Employment Rights Bill: Key changes proposed

Following on from our Employment Rights Bill webinar, we explore some of the key proposed changes.

17 October 2024

Menopause in the workplace: How can employers help?

Contributors:
Olivia Greener, Elspeth Wedgwood

With half of the workforce experiencing menopause, employers need to make sure that they are providing the appropriate support to employees. This article highlights the steps employers will need to take going forward to address the menopause policy gap as outlined by the new Employment Rights Bill. Published in Scottish Legal News. 

15 October 2024

290 million reasons to comply: Fine imposed on Uber for non-compliant third-party transfers

Contributor: Joanna Boag-Thomson

The Data Protection Authority in the Netherlands recently imposed a €290 million fine on Uber for breaching the EU GDPR requirement to have adequate transfer mechanisms in place to safeguard personal data. This review of Uber’s breach highlights where it went wrong and how organisations can ensure they have the relevant representatives in place to maintain compliance with EU GDPR.

11 October 2024

Russian Sanctions: Are UK-linked businesses continuing to breach sanctions on Russian oil?

Contributor: Andrew Buchan

New data suggests that 37 businesses with ties to the UK are currently under investigation for potential breaches of the UK’s sanctions against Russia. With steps being taken to crack down on sanctions circumvention, UK companies must take steps to ensure they comply with the UK sanctions regime. 

11 October 2024

Court of Appeal holds contractor permitted to terminate JCT Contract due to employer’s repeated late payment

Contributors:
Leigh Herd, Lindsay Robinson

In the recent Providence Building Services Ltd v Hexagon Housing Association Ltd case, the Court of Appeal held that a contractor could terminate its employment under a JCT Design and Build Contract due to the employer making a second late payment, even though the first late payment did not give rise to a right to terminate.

8 October 2024

Unlocking the potential of clean hydrogen: Opportunities and challenges in Scotland

Contributor: Craig Whelton

World Hydrogen Day highlights the importance of hydrogen in the shift to a low-carbon economy. While Scotland has the potential for green hydrogen production, challenges include integrating it with renewable energy and streamlining the planning process for efficient delivery.First published in The Herald.

8 October 2024

Can online travel companies enforce price parity clauses in their contracts with hotels?

Contributor: Andrew Buchan

On 24 September 2024, the European Court of Justice handed down a decision declaring whether narrow price parity clauses are not “ancillary requirements”. What does this mean for online booking platforms?

7 October 2024

Key implementation dates announced for the Economic Crime and Corporate Transparency Act 2023

Contributors:
Christina Sinclair, Tom Swan

Following the publication of the business plan for Companies House, we now have a clearer picture of the implementation timetable for some of the key measures contained in the Economic Crime and Corporate Transparency Act 2023.

4 October 2024

Is an expert determination clause separable from the contract itself?

Contributor: Natalie Donald

The High Court in England and Wales recently made a key decision on this front in the case of Dandara South East Ltd v Medway Preservation Ltd and another. 

4 October 2024

Compulsory improvement of energy efficiency in Scotland: What next?

Contributor: Jamie Grant

Transactions involving large properties can trigger a requirement to improve the energy efficiency of the building. Learn when the requirement is triggered, who is affected, and what action is required.

3 October 2024

What legal levers can be pulled to ease the housing emergency?

Contributors:
Ewan MacLeod, Craig Whelton

The annual Homes for Scotland conference brought together the public and private sector, as well as the country’s senior politicians. With more than one third of local authorities having declared a housing emergency, and a national housing emergency declared by the Scottish Parliament, what can be done from a legal perspective to increase the number of houses being built?

2 October 2024

Family Investment Companies – Another Tool in the succession planning arsenal

Contributor: Keith McLaren

A Family Investment Company (FIC) historically required reasonable wealth, however, sums being invested over time has decreased. Learn more about FICs and consider if they might be right for your family business.First published in The Business. 

1 October 2024

Reforming retail leases: If it ain’t broke don’t fix it?

Contributor: David Mitchell

The Scottish Law Commission is considering reforming an old piece of regulation called the Tenancy of Shops (Scotland) Act 1949. Partner and Head David Mitchell explores this possibility and the potential impacts. First published in The Business. 

27 September 2024

Licence to kill: The Wildlife Management and Muirburn (Scotland) Act 2024

Contributor: Stephanie Hepburn

The new Wildlife Management and Muirburn (Scotland) Act 2024 introduces a number of key changes to the law surrounding wildlife management and muirburn.  

27 September 2024

Understanding the Code of Conduct: Sporting Rights

Contributor: Vicky Christie

Vicky Christie reviews the existing Code of Conduct in place relating to the exercise of sporting rights in Scotland.

27 September 2024

Reforms to Scots Law share security set to accelerate clean energy ambitions

Contributors:
Tim Davidson, Clare Foster

In this article, Tim Davidson and Clare Foster discuss the upcoming reforms to share security in Scotland, and the opportunities this presents for onshore wind project financing.Shorted version published in The Herald. 

27 September 2024

Balancing agricultural and sporting interests: Proposed reform to Scottish agricultural tenancy law

Contributor: Hamish Lean

The Land Reform (Scotland) Bill 2024 aims to reform land ownership and management, including balancing the interests of landlords’ sporting rights and agricultural tenants’ farming activities. Hamish Lean considers the proposals and how they might be received.

23 September 2024

Dynamic pricing: Can hospitality providers cancel bookings to benefit from surging prices?

Contributor: Andrew Buchan

The recent announcement of Oasis reuniting after 15 years apart generated significant excitement from fans worldwide. However, reports of surge pricing and cancelled accommodation left many fans looking back in anger. Andrew Buchan explains dynamic pricing from a legal perspective ahead of the 2025 reunion tour.

19 September 2024

Land Reform Scotland Bill 2024: Changes to the Leasing of Land

Contributor: Katie McNab

The Land Reform Scotland Bill 2024 places significant emphasis on land leasing, aiming to broaden the role of the Tenant Farming Commissioner and establish a model environmental lease to encourage sustainable land utilisation. Katie McNab and Madeleine Gill explore the key proposals.

17 September 2024

Scottish Government Issue Update to Short-Term Lets Licensing Scheme (August 2024)

Contributor: Kevin Clancy

On 30 August 2024, The Scottish Government amended existing short-term lets legislation in Scotland, meaning a licence is required for what is known as home sharing, home letting and secondary letting – a summary of which can be found here.

13 September 2024

Procurement Act Delay

Contributors:
Euan Murray, Colin Bathgate

The government is postponing the coming into force of the Procurement Act 2023 to allow for a new NPPS to be prepared.

11 September 2024

AI in the food and drink sector – opportunities and challenges

Contributors:
Joseph Fitzgibbon, Ruairidh Leishman

The use of AI is becoming more prevalent in the food and drink sector, presenting both innovative opportunities and questions around unintended consequences. To keep pace with these developments, businesses should consider whether they have the knowledge and resources to lawfully implement AI.