Knowledge


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6 June 2024

Taylor’s Version – Why is Taylor Swift re-recording all of her old albums?

Contributor: Carly Duckett

Following her departure from Big Machine Records in 2018, Taylor Swift wanted to buy back the copyright in the master recordings of her albums. Ultimately, Swift instead re-recorded “Taylor’s Version” of those albums. Carly Duckett explains why, and how, Swift did it.

4 June 2024

The impact of the Building Safety Act 2022

Contributor: Philip Sewell

The Building Safety Act 2022 (BSA 2022) has introduced a number of changes in regulation, with a particular focus on high-risk buildings. 

31 May 2024

The introduction of Lotting Decisions: What the Land Reform (Scotland) Bill 2024 proposes for the future of landholding transfers.

Contributors:
Stuart Greenwood, Robbie Toole

The transfer of certain landholdings could be subjected to the new Land Reform (Scotland) Bill 2024 provisions on lotting decisions. These changes would significantly reshape the way holdings can be sold, with a mandatory lotting decision to take place before the transfer. 

30 May 2024

To beer or not to beer?

Non-alcoholic alternatives are increasingly in the spotlight and their rise in popularity brings with it new considerations for workplaces. We consider the issue of non-alcoholic drinks in the workplace and how employers might approach this.

29 May 2024

ERS Registration / Annual Returns Deadline – 6 July 2024

Contributors:
Rodger Cairns, Gavin Charlton

The annual registration and returns submission deadline of 6 July 2024 for employment-related securities (ERS) is just around the corner.

28 May 2024

Regulation of ESG ratings activities

Contributors:
Peter Alderdice, Daniel Boynton, Louisa Knox

ESG data and ratings play a key role in investment decisions for pension funds.  In this article, we consider what ESG data and ratings are and how they are used by pension funds, as well as the forthcoming regulation of ESG ratings activities in the UK and EU.

24 May 2024

Tax implications of selling if you split your time across two homes

Contributor: Douglas Sinclair

When selling your property, it’s important to take taxes into consideration – especially as your options will change if you own more than one home.First published in The Scotsman. 

24 May 2024

Companies House toughens up on company names

Contributors:
George Frier, Evie Dransfield

We summarise the new civil penalty regime and reforms to Companies House in the Economic Crime and Corporate Transparency Act 2023. 

22 May 2024

Land Reform (Scotland) Bill 2024: What Changes Are Coming For Community Right To Buy?

Contributor: Stuart Greenwood

The sale and transfer of large landholdings could be about to change radically – with an expansion of the existing community right to buy provisions to allow community bodies greater opportunity to register an interest in purchasing a large tract of land or part of one. 

21 May 2024

When do I need to report accidents at work? – Health and Safety Executive issues updated guidance under RIDDOR for 2024

Contributor: Kevin Clancy

This article summarises updated guidance issued by the Health and Safety Executive (HSE). It introduces the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) and outlines who is caught by these before discussing guidance about what incidents are reportable and how to report these to the HSE.

17 May 2024

Colin v Cuthbert was only the be-gin-ning – The registered design “grace period” considered in Marks and Spencer PLC v Aldi Stores Limited

Contributor: Ruairidh Leishman

In Marks and Spencer PLC v Aldi Stores Limited, the Court of Appeal considered whether Aldi had infringed the registered designs of M&S gin-based liqueur bottles and reviewed the role of the “test period” allowed to designers. 

17 May 2024

Servitude rights of access: the teaspoon test

Contributor: Elaine Kirk

Overview of a recent judgment which demonstrates the general principle that a servitude cannot be repugnant with the burdened proprietor’s ownership. 

16 May 2024

Dizzy with Confusion over Reinstatement Obligations

Contributor: Paul Donald

When a landlord and a tenant present competing interpretations of reinstatement and termination provisions, how is the true meaning identified?  

14 May 2024

Realising our offshore wind ambition

Contributor: Colin Innes

Offshore wind has a critical role to play in reducing climate change emissions, while also delivering security of energy supply.First published in Energy Voice. 

14 May 2024

Andrew Russell shares the importance of self-care

Contributor: Fiona McKerrell

To highlight Mental Health Awareness Week, Partner Fiona McKerrell led a Q&A with Andrew Russell, director of Arran Sense of Scotland, on the lessons he has learned over the years regarding self-care.First published in The Herald. 

10 May 2024

Top tips for employers; new legal requirements for the fair distribution of tips

Contributor: Joanna Rae

A guide to the Employment (Allocation of Tips) Act 2023 and accompanying statutory Code of Practice on the fair and transparent distribution of tips.

10 May 2024

The crucial role of credible and reliable witnesses in forged will claims

Contributor: Thomas McFarlane

We examine the recent Court of Session judgment of Lord Woolman in Lee Donald Barclay v Thorntons Trustees Limited and Others [2024] CSOH 18 and consider the evidential challenges that commonly arise in cases where a will is alleged to have been forged.

9 May 2024

Slip or fall? – The Technology and Construction Court (TCC) reemphasises guidance on the Slip Rule

Contributors:
Iain Drummond, Lindsay Robinson

The Technology and Construction Court has recently handed down a decision in the case of McLaughlin & Harvey Ltd v LJJ Limited providing guidance on the “slip rule”.

9 May 2024

Government sets out next steps for the National Security and Investment Act system

Contributors:
John Morrison, Christina Sinclair

The Government has published a Response to a recent Call for Evidence in relation to the National Security and Investment system setting out the Government’s plans, and key areas of focus, over the coming months.

9 May 2024

How hydrogen can power Scotland’s low carbon revolution

Contributor: Euan Murray

As Scotland struggles to achieve challenging net zero targets, decarbonisation through the development of the hydrogen sector stands to be a powerful enabling force. First published in The Herald. 

9 May 2024

Amenability of regulatory decisions to judicial review – England v Scotland

Contributor: Natasha Durkin

Parties facing adverse decisions of ‘non-public’ UK regulatory bodies may be able to obtain judicial review of those decisions in Scotland in circumstances where (as a recent case illustrates) judicial review of those decisions is unavailable in England.

8 May 2024

An un-clouded judgment – UK trademark infringement and passing off considered in Thatchers Cider Company Limited v Aldi Stores Limited

Contributor: Ruairidh Leishman

In Thatchers Cider Company Limited v Aldi Stores Limited, the High Court assessed whether Aldi’s cider had infringed Thatcher’s trademark and amounted to passing off, while considering the scope provided to “benchmarking” in product development.

8 May 2024

Embracing Compulsory Alternative Dispute Resolution: proposed changes to the Civil Procedure Rules

Contributor: Iain Drummond

In light of Churchill v Merthyr Tydfil County Borough Council, the Civil Procedure Rules Committee has announced a consultation on Alternative Dispute Resolution and proposed changes to the Civil Procedure Rules. 

3 May 2024

Scotland’s ports harbour opportunities for infrastructure investment

Contributor: Clare Foster

Scotland’s ambitious 2030 renewable energy targets won’t be possible without a key enabler: port infrastructure. First published in The Herald.