Knowledge


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22 November 2023

Out with the old, in with the… old: reforming the corporate director regime

In this article, Robbie Callander outlines the current law on corporate directors and explains the reforms which are soon expected to be brought into force.

21 November 2023

Transforming public procurement – The Procurement Act 2023

Contributors:
Euan Murray, Colin Bathgate

The Procurement Act, aimed at reforming the way public bodies procure suppliers, now has Royal Assent. This comes alongside an update to relevant thresholds.

17 November 2023

Zombies to use it or lose it – Implementing electricity connection reform

Contributor: Jamie McRorie

Ofgem’s CMP 376 decision addressing the electricity connections queue has practical implications for all existing and new agreements.

16 November 2023

Paying a Lidl more attention to the final date for payment

Contributor: Iain Drummond

The result of the Lidl v Closed Circuit Cooling case hinges on the validity of payment terms in a construction contract.

15 November 2023

A Founder’s Guide to B Corp Certification

Contributor: Jonathan Andrews

With ESG firmly on the radar, many founders embarking on their entrepreneurial journey approach us to discuss B Corp certification.

13 November 2023

“Willie’s Law” – testing times for capacity in Scotland?

Contributors:
Stephanie Hepburn, Thomas McFarlane

Thomas McFarlane and Stephanie Hepburn examine the ramifications of ‘Willie’s Law’ in regard to legal capacity

13 November 2023

The next steps in land reform: Agriculture and climate change

Contributor: Fiona Taylor

The upcoming Agricultural and Rural Communities (Scotland) Bill brings with it new changes and potential impacts on the rural, crofting, and farming community.

10 November 2023

Offshore Operations & Maintenance facilities in ports – Key development issues

Contributor: Jamie Grant

Ensuring the right infrastructure is in place to support major renewable projects like offshore wind farms is vital to the energy transition. This guide highlights key issues ports and developers must take account of when agreeing contractual terms for Operations & Maintenance facilities.

9 November 2023

The private residential letting bubble: an unintended consequence

Contributor: Peter Smith

Has the attempt to regulate private residential letting worsened the problems it sought to solve? Peter Smith shares his thoughts.

8 November 2023

Are you ever too young to need a Power of Attorney? Your questions answered.

Contributor: Lauren Finlay

In this article, Lauren Finlay and Madeleine Gill provide an overview of a Power of Attorney document and why it is important to have it in place now, rather than later.

8 November 2023

Commercial Court opens door to enforceability for litigation funders after PACCAR

Contributor: Philip Sewell

In a recent case, the Supreme Court decided that Litigation Funding Agreements are Damages-Based Agreements. This article explores the consequences of this decision.   

3 November 2023

Toney, Toffolo and Tonali – Interpretation and Application of the FA Betting Rules

Contributor: Jonathan Andrews

In this article, Jonathan Andrews provides an overview of FA betting rules on the back of the Toney, Toffolo and Tonali decisions, which have raised questions over how the FA determines sanctions in respect of betting breaches. 

2 November 2023

Easy Life v easyGroup trademark dispute

Contributor: John MacKenzie

easyGroup brought legal proceedings against band Easy Life over what they perceive to be an infringement on their intellectual property.

2 November 2023

Logan v Irons: the doctrine of confusion and knowing your servitude rights

Contributor: Ross Simpson

In this article we examine the recent case of Logan v Irons [2023] SAC (Civ) 9 in which the Sheriff Appeal Court set precedent over two central issues (1) that servitudes become completely extinguished by confusion when two properties come into joint ownership and (2) as servitudes do not revive when two titles separate, a servitude was created by implied grant years later when the property was disponed by a heritable creditor.

1 November 2023

Developers’ casting vote as good as gold

Contributor: Gillian Wood

Many property developers set up an over-riding vote in their favour within the documentation that regulates management and maintenance of the common parts of a development, to retain flexibility during the development process. A recent Lands Tribunal case considered the competence of such a right of veto. 

31 October 2023

Moveable transactions – Scotland v England: Round 1 – assigning receivables

Contributors:
Andrew Kinnes, Hamish Patrick

Scottish moveable transactions law is currently outdated and much less useful in practice than the law in England and Wales. The Moveable Transactions (Scotland) Act 2023 will bring Scots law up to date when it comes into force and will arguably move it ahead of the law south of the border. This article, first published in the October issue of the Butterworths Journal of International Banking and Financial Law, tests whether or not that is the case when assigning receivables.

 

26 October 2023

Tacit relocation – a quick guide

Contributor: Hannah Swinton

Did you know that in Scotland commercial leases generally do not end automatically on expiry of the contractual term? Further beware that for leases on sites larger than two acres, different rules apply.

20 October 2023

Checking the Score on Pregnancy and Parental Rights in Sport

Contributor: Carly Duckett

The sports industry has long considered how to approach maternity leave and parental rights. Associate Harriet McRae and Senior Solicitor Carly Duckett explore recent policy updates. 

20 October 2023

Tacit relocation – will my lease ever end?

Contributor: Hannah Swinton

An exploration of tacit relocation and its current meaning, application, and possible reform under Scots law.

19 October 2023

VAR’s “Significant Human Error”: Exploring Liverpool’s Legal Options

Following more Video Assistant Referee (VAR) controversy, we examine the legal options for Premier League clubs following VAR errors and consider possible changes to the Premier League’s VAR system.

18 October 2023

Adjudication enforcement – group holding company guarantee averts stay of execution

Contributor: Iain Drummond

Iain Drummond and Bryon Anderson examine a recent Technology and Construction Court decision highlighting the policy of adjudication decisions being enforced summarily.

17 October 2023

In conversation with: Robert Gelb

Welcome to our Q and A series, where we bring together entrepreneurs and leaders in the business community. Each interviewee brings their unique perspective and hands-on experience of the challenges faced when starting and scaling a company.

16 October 2023

Pride and Without Prejudice: A Tale of Unconscious Bias

Contributors:
Iain Drummond, Hayley Russell

Iain Drummond and Hayley Russell, examine the recent Technology and Construction (TCC) decision in AZ v BY [2023] EWHC 2388 (TCC). This case highlights that an adjudicator’s decision may be unenforceable if the adjudicator considers ‘without prejudice’ material which gives rise to a legitimate concern of bias.

13 October 2023

Three top tips for getting buy-out ready

Contributor: Richard Jones

As the number of schemes targeting buy-out increases, it becomes increasingly important for trustees to understand how to get their scheme ready for a transaction.