Knowledge


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25 January 2024

Litigation Funding: what is it good for? Apparently something

Contributor: Ben Pilbrow

Litigation is expensive, but access to justice remains a vital pillar of our legal system. The UK government has attempted different approaches over the years, with litigation funding remaining a presently shaky but overall solid solution.  

25 January 2024

Land Boundary Inaccuracies and Disputes

Contributor: Harry Oliff

Land boundary inaccuracies can frequently lead to unwelcome disputes. With the obligation of the Keeper of the Land Register to rectify such inaccuracies, what is required for this to happen? 

24 January 2024

The Online Safety Act

Contributor: Joseph Fitzgibbon

The recently introduced Online Safety Act is intended to bring legislation in line with current-day internet usage to expand online safety protections. It has a widened scope, with potential to impact a diverse range of sectors.

19 January 2024

A quick guide to equality, diversity and inclusion

Contributor: Kirsty Headden

Guidance from The Pensions Regulator highlights the benefits of equality, diversity and inclusion practices and offers recommendations for implementation.

19 January 2024

Rude health or losing wealth – where is the litigation funding market now?

Contributors:
Ben Pilbrow, Gabriella Gilmour

The litigation funding market had a tumultuous year in 2023. Although there were some notable successes, many funders lost money and all funders were disrupted by PACCAR. We consider why and what the future might hold for litigation funding.

19 January 2024

EV charging points: tips for landlords

Key considerations for landlords when considering the installation of EV charging points.

18 January 2024

Cracks in the foundations

Contributor: Iain Drummond

Contractor insolvency is continuing to dominate the headlines in 2024. Iain Drummond and Lindsay Robinson discuss important tips to help you manage the process carefully.

17 January 2024

Broadening the parameters of AI patentability

Contributor: Catherine Templeton

In Emotional Perception AI Ltd v UKIPO the UK High Court considers the application of the computer programs exclusion to the patentability of an AI invention.

17 January 2024

Can an AI be the Inventor of a Patent? The UK Supreme Court Unanimously Rejects AI Inventorship

Contributor: Catherine Templeton

As courts around the world grapple with what the rapid growth of artificial intelligence means for intellectual property rights.

The UK Supreme Court has handed down a judgment, which addresses the issue of whether AI can be the inventor of a patent. The judgment is unambiguous in firmly rejecting the notion, as it relates to current legislation.

17 January 2024

Pension schemes and cyber security

Contributor: Edwin Mustard

Edwin Mustard looks at the issue of cyber risk facing pension schemes and some of the key issues for Trustees to consider.

16 January 2024

Creating financial accountability for regulatory failings

Businesses can be significantly affected by the behaviour of regulated utilities, such as those operating water or transport infrastructure, with failure of these infrastructures resulting in considerable costs for firms. Here we discuss the increased risk of private court actions against underperforming regulated utilities, spurred on by greater accessibility of collective actions.

11 January 2024

Untangling the weeds: the knotty issue of compulsory Alternative Dispute Resolution

Contributor: Iain Drummond

An examination of the recent Court of Appeal decision in Churchill v Merthyr Tydfil County Borough Council. This case highlights the court’s ability to compel parties in court proceedings to engage in Alternative Dispute Resolution such as mediation.

8 January 2024

Sports governing bodies: competition law and regulation

Contributor: Gordon Downie

The rules and regulations that govern sport, and the regulators who make them, often come under competition law scrutiny. This scrutiny tends to focus on two key legal issues.

8 January 2024

Scotland’s new statutory pledge: Taking security from individuals and unincorporated organisations

Contributor: Peter Alderdice

The Moveable Transactions (Scotland) Act 2023 is going to change the way that individuals and unincorporated organisations can pledge their assets.

8 January 2024

Hospitality and Holyrood’s Autumn Budget: What’s on the menu for the industry in 2024?

Contributor: Fiona McKerrell

In this article, Fiona McKerrell and Kirsty Fryer discuss some of the potential challenges which Scottish businesses operating in the hospitality and leisure sector may face in 2024.  First published in: The Scotsman 

3 January 2024

Artificial Intelligence (AI) – Guidance for Judicial Office Holders

New guidance has been outlined for judges to help them navigate the use of AI in their roles.

29 December 2023

The Scottish Budget – who has exposure to increased income tax rates?

Contributor: Douglas Sinclair

Scotland has introduced a new tax band. More than ever it’s important to understand who is a Scottish taxpayer and what income this tax will apply to.

21 December 2023

European Super League – EU’s highest Court blows the final whistle in this competition law saga

The European Court of Justice ruled this morning that FIFA and UEFA’s attempt to block the creation of the European Super League was contrary to EU law and an abuse of their dominant position.

21 December 2023

Economic Crime and Corporate Transparency Act 2023

Contributors:
Kevin Clancy, Christina Sinclair, Tom Swan

The 2023 Act, containing extensive measures to tackle economic crime, has recently received Royal Assent.

19 December 2023

Your questions answered: trends in the Scottish property market in 2023 and what to expect in 2024

Contributors:
Phil Harris, Emma Brown

In 2023 the Scottish property market has remained increasingly changeable, but as 2024 fast approaches we attempt to predict what’s around the corner.

19 December 2023

Power struggle

Contributor: Ian Bowie

In the drive to reduce carbon emissions in Scotland, attention has focused on increasing energy from renewable power sources. This has encountered infrastructure and legislative challenges, in contrast with recent support for the telecoms sector.

18 December 2023

Playing with competition laws – will the ice break?

The final whistle is expected in important competition law judgments for sport governing bodies this week.

15 December 2023

A look into 2024 – UK employment law edition

The new year is fast approaching and with it, changes to UK employment law. We’ve whittled down those most important for you to know.

14 December 2023

When estates divide

Contributor: Stephanie Hepburn

For various reasons, executry disputes are becoming more common. Stephanie Hepburn surveys the issues that arise most often and what must be proved if a case goes to court.

First published in: Law Society of Scotland