Knowledge


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2 May 2024

Why carbon storage is positive for Scottish labour market

Contributor: Jamie McRorie

The UK Government has ambitious plans to invest heavily in carbon capture technology, allowing for tonnes of CO2 storage and new job creation.First published in The Herald. 

1 May 2024

Lidl v Tesco: Every Lidl piece of evidence helps

Contributor: Ruairidh Leishman

In Lidl Great Britain Ltd v Tesco Stores Ltd, the Court of Appeal considered whether Tesco’s Clubcard logo amounted to trademark infringement, passing off, and copyright infringement of Lidl’s logo, while reviewing the value of different evidence types in assessing the likelihood of consumer confusion. 

30 April 2024

ESG and Environmental Concerns in Pensions: A Growing Priority

Contributor: Louisa Knox

With increasing pressure on pension schemes to invest in environmentally conscious projects, what reforms are taking place to improve transparency and incentivise trustees? First published in The Scotsman. 

30 April 2024

Innovation in clean tech: How are we shaping the future?

Contributor: Joseph Fitzgibbon

To meet 2045 targets for net zero, the Scottish Government will need to focus on one key area: innovation.First published in The Herald. 

29 April 2024

Decarbonisation in the UK food and drink sector – Regulatory food for thought

The food and drink sector can make a substantial contribution to the UK’s decarbonisation and net zero objectives. In this article, Scott Rodger examines three opportunities and risks arising from regulatory policy and legal developments in the UK for the sector.

29 April 2024

Making Minds Matter: The HSE’s proactive approach to workplace stress

Contributor: Kevin Clancy

April is Stress Awareness Month. This article explores current stats around work-related mental health and the HSE guidance for dealing with stress in the workplace.

25 April 2024

Relinquishment and Assignation: What options do farmers have to surrender their secure agricultural tenancies?

Contributor: Melanie McLaren

The Land Reform (Scotland) Act 2016 provided secure tenant farmers an alternative succession and retirement plan with the introduction of relinquishment and assignation. But how does this function in practice, and why would one want to surrender such a valuable asset?

24 April 2024

Crying over spilt milk? Food labelling regulations and UK trademarks considered in Oatly AB v Dairy UK Ltd

Contributor: Ruairidh Leishman

In Oatly AB v Dairy UK Ltd the High Court considered whether the use of the word “milk” in a trademark application for oat-based goods was prohibited.

23 April 2024

A guide to resumption in the context of renewable energy developments

Contributor: Stephanie Hepburn

A landlord may apply to the Scottish Land Court for approval to resume a croft or part of a croft, or common grazings. In this guide, we look more closely at resumption and the legal test that needs to be met when making an application to the Scottish Land Court to resume all or part of a croft or common grazings.

22 April 2024

Utilising Scotland’s Crofting Counties to achieve our renewable energy targets

Contributor: Stephanie Hepburn

Scotland has an enviable track record in renewable energy and the Scottish Government’s commitment to its renewable targets is a strong basis on, which to grow our renewable capabilities. Recently, there has been an upsurge in the focus of croft and common grazing land as a source of onshore renewable development, but how do we make this happen?

22 April 2024

Land Reform (Scotland) Bill 2024: What changes are coming for the management of large landholdings?

Contributor: Emma Robertson

The Land Reform (Scotland) Bill 2024 introduced the need for large landowners to produce Land Management Plans, as part of their proposals to increase transparency in the rural land management sphere. This means there are new rules and requirements coming into force.

19 April 2024

Pricing algorithms and competition law in the UK and beyond

In the emerging digital age, companies are increasingly using and developing pricing algorithms to help them determine prices on a near real-time basis. In this article, the Regulation and Markets team considers how the use of these algorithms can impact competition, with a particular focus on the hotel online booking sector.

19 April 2024

The High Court underlines the importance of local authorities’ duty of candour

Contributor: Ruairidh Leishman

In the recent case of R (Montaño) v London Borough of Lambeth, the High Court emphasised the importance of public authorities and their legal advisors having candour and cooperation at the forefront of their minds and actions from the outset and throughout judicial review proceedings.

19 April 2024

Tackling Health and Safety in Sport: A New Era of Accountability for Governing Bodies and Participants

Contributor: Kevin Clancy

Yaser Razouk explores the ongoing practical and legal challenges faced by sporting governing bodies and individuals alike regarding concussion management.

18 April 2024

How to manage succession planning in turbulent times

Contributor: Keith McLaren

In uncertain times, it is crucial to consider your own succession planning. The best strategy involves being organised, taking advice, and reviewing that advice constantly. Keith McLaren outlines what you need to know.First published in The Sunday Times’ The Business.

18 April 2024

A guide to utilising schemes for developments for renewable energy projects

Contributor: Stephanie Hepburn

Since 2007, schemes for development have been available for renewable development projects on crofts or common grazings. This guide outlines the details of these schemes and highlights the necessary legal requirements when seeking approval from the Scottish Land Court.

15 April 2024

Decarbonisation and the lost years – changing tack to regain ground

Contributor: Clare Foster

With Scotland’s ambitious target to achieve a 75% reduction in greenhouse emissions by 2030 appearing unachievable, decarbonisation is pulled into focus. First published in The Sunday Times’ The Business. 

12 April 2024

Modifications of contracts – The James Waste Case

Contributors:
Euan Murray, Colin Bathgate

The judgment in James Waste Management LLP v Essex County Council provides insights into contract modifications and how these may be considered against Regulation 72.

12 April 2024

Updated Corporate Governance Code: what you need to know

The Financial Reporting Council (FRC) recently released the first update to the Corporate Governance Code since 2018. Here we’ve summarised what you need to know about the upcoming changes.

10 April 2024

Increased powers, increased fees: Companies House filing fees to increase on 1 May

Contributor: Christina Sinclair

Companies House has announced that its fees will increase on 1 May. This short note by Christina Sinclair, Senior Professional Support Lawyer in our corporate team, sets out details of the new fees.  

10 April 2024

Don’t let alcohol licensing requirements catch you off guard while expanding your rural business

Contributors:
Kevin Clancy, Emma Rough

Rural landowners and businesses may be considering diversifying their offerings in order to grow – if this includes alcohol it is critical to understand the alcohol licensing requirements you may be subject to.Extended version of an article originally published in Scottish Land and Estates (p.42).

9 April 2024

Access to battery storage sites in Scotland

Contributor: Rebecca Devine

Battery energy storage systems are critical for the future of renewable energy but they come with their own challenges, particularly when it comes to access.First published in Energy Voice. 

9 April 2024

Economic Crime and Corporate Transparency Act 2023 – failure to prevent fraud and ESG considerations

Contributors:
Kevin Clancy, Christina Sinclair, Tom Swan

In this article, we focus on the new measures implemented in the Economic Crime and Corporate Transparency Act 2023 (ECCT Act) to hold organisations to account and the extent to which those measures are interlinked with ESG considerations. 

9 April 2024

On the horizon: Scottish trust law reform and pension schemes

Contributor: Edwin Mustard

Major reforms to Scottish trust law are on their way following the Trusts and Succession (Scotland) Act 2024 receiving royal assent in January.