Knowledge


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13 October 2023

A quick guide to member disputes

Contributor: Thomas Boyle

For the vast majority of pension scheme trustees, disputes aren’t an “if”. They’re a “when.” Schemes need to have a robust process in place for dealing with the issues that result. 

Here is our quick guide to dealing with member disputes.

12 October 2023

Influencers: Copyright Protection for “Lift Selfies”

Contributor: Ruairidh Leishman

The French courts have dismissed a claim by an influencer for alleged copyright infringement of a selfie that the influencer had taken inside a lift.

4 October 2023

In conversation with: John Gordon

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.

2 October 2023

Families and forgeries – codicil to will reduced because wife forged signature

Contributor: Thomas McFarlane

In this article we examine the recent case of Niven v Niven [2023] CSOH 57, in which two siblings sought reduction of a codicil – alleging that their stepmother had forged her late husband’s signature.

29 September 2023

Countryside Unites Against Rural Crime

Contributor: Hamish Lean

This article discusses the impact of criminal activity in the rural world, as outlined in the Rural Crime Report, and offers methods of prevention against such crime.

29 September 2023

The Bunker: jury still out on rugby’s Foul Play Review Officer Process

Contributor: George Bruce

George Bruce examines the use of the “Bunker” in the Rugby World Cup.

27 September 2023

In conversation with: Ross McLennan

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.

27 September 2023

Are the conditions in your commercial property title clear?

Contributor: Siobhan Dunphy

If you own a property, you may be aware of real burdens. Senior Associate Siobhan Dunphy explores real burdens and what can happen when sometimes the terms are ambiguous. 

25 September 2023

Prescriptive Servitudes and Purpose; Ferguson v Gregors and Fowler

Contributor: Ross Simpson

A recent case in the Sheriff Appeal Court clarified the Court’s approach in circumstances in which a burdened proprietor under a prescriptive servitude attempted to restrict the purpose for which that servitude could be exercised.

22 September 2023

Football Club Governance: A case for change in Britain

Contributor: Matt Phillip

The government’s ongoing review of football club governance could see the introduction of an independent regulator. Partner Matt Phillip and Paralegal Fraser Meighan explore what this might mean for the sport. 

19 September 2023

In conversation with: Calum Smeaton

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.

19 September 2023

In conversation with: Harry Staples

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.

19 September 2023

In conversation with: Douglas Lawson

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.

14 September 2023

Liability after death

Contributor: Thomas McFarlane

When can executors distribute the estate of a decreased underwriting member of Lloyd’s of London (a”Name”)? In this article Thomas McFarlane, Associate in Dispute Resolution and Litigation and a member of our expert, cross-departmental Contentious Executries, Trusts and Tax team, examines the recent decision in Hutchison’s Executors, Petitioners and comments on the decision, what is likely to happen next and how we can assist clients in similar situations.

13 September 2023

Can an Attorney act as an Executor in Scotland?

Contributor: Laura Barron

In a recent petition to Aberdeen Sheriff Court, the court has broken new ground by granting a widow’s attorney the power to administer the estate of her late husband on her behalf as Executor. This article examines this welcome decision made despite lack of precedent and highlights the importance of having a Power of Attorney in place.

13 September 2023

The rocky road to remove Executors or Trustees in Scotland

Contributors:
Stephanie Hepburn, Thomas McFarlane

In this article we examine the options available in Scotland for court-ordered-removal of an executor or trustee from office.

8 September 2023

Navigating RAAC: What is it and what are your responsibilities as an employer?

Contributor: Kevin Clancy

With the spotlight being shone on RAAC, Kevin Clancy explains the dangers it can cause and employers’ health and safety obligations

8 September 2023

Securing A Legacy: Estate Planning for Sports Professionals

Contributor: Laura Barron

With a unique set of circumstances, how can athletes and sportspeople confidently navigate the complexities of wealth preservation and ensure lifelong financial security? 

8 September 2023

Short-term lets licensing scheme in Scotland: What are temporary licences and temporary exemptions?

Contributor: Kevin Clancy

The third instalment in our series covering the new short-term letting regulations in Scotland looks at temporary licences and temporary exemptions within the licensing scheme, with additional information on possible lengths, conditions and application processes. 

8 September 2023

Short-term lets licensing scheme in Scotland: Planning permission, control areas, and mandatory conditions

Contributor: Kevin Clancy

Since the licensing scheme for short-term lets came into force in Scotland on 1 October 2022, hosts will need to understand the various conditions they must meet to obtain a licence. 

8 September 2023

Short-term lets in Edinburgh: An opportunity for a rethink on the approach to secondary letting

Contributor: Kevin Clancy

On 8 June 2023, following consideration of a judicial review, there was a significant legal ruling that the City of Edinburgh Council’s Short-Term Lets Licensing Policy is unlawful. This article outlines the review, the outcome of the judgment and the next steps for short-term lets in Edinburgh.

8 September 2023

Short-term lets licensing scheme in Scotland: Staying compliant – what are the consequences of getting it wrong?

Contributor: Kevin Clancy

As Scotland’s short-term let licensing scheme comes into force, hosts must navigate a complex series of conditions and rules to continue operating their business. It will be important for hosts to understand the consequences of failing to comply with any of the rules we have explored. This article explains the consequences of getting it wrong. 

8 September 2023

Short-term lets licensing scheme in Scotland: how do I apply and when is the deadline?

Contributor: Kevin Clancy

A new licensing scheme is coming into force in Scotland to regulate short-term lets. The scheme requires hosts of self-catering accommodation to have a licence in place to accept bookings and welcome guests. This article explains who needs to apply for a licence, when the deadlines are, and how to apply.

5 September 2023

Top Inheritance Tax Tips

Contributor: Justine McCluskey

In this article, Justine McCluskey, Solicitor in our Private Wealth and Tax team provides top five tops for simple strategies that might make a big difference to your inheritance tax bill (IHT)