Knowledge


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5 September 2023

How can I protect my assets as I get older?

Contributors:
Gillian Campbell, Justine McCluskey

In this article, Gillian Campbell, Partner and Head of Private Client in Aberdeen, and Justine McCluskey, Solicitor in our Private Wealth and Tax team discuss how to safeguard your assets as you age.

4 September 2023

What is an FRI Lease and do I need one?

Contributor: Hannah Swinton

Hannah Swinton, provides a quick guide to Full Repairing and Insuring leases for both landlords and tenants.

1 September 2023

Your Questions Answered: What rights do stepchildren have in the estate of their stepparent?

Contributor: Susie Tweedie

In the first instalment of our private wealth and tax team’s series: Your Questions Answered, Susie Tweedie explores the rights of stepchildren when it comes to Wills and estates.  

25 August 2023

Warranties and Indemnities

Contributor: John MacKenzie

What are warranties and indemnities and how do they impact your liability under contract?

25 August 2023

Alternative Dispute Resolution Clauses

Contributor: Matt Phillip

Alternative dispute resolution can be cheaper, quicker, and more flexible than litigation.

25 August 2023

Breach of Contract

Contributor: Carly Duckett

Here we explore types of contract breaches and possible approaches for remedy. 

25 August 2023

Notice Clauses

Contributor: Joseph Fitzgibbon

From amending supply terms to termination of a contract, notice clauses are seemingly simple but crucial commercial contract clauses.

25 August 2023

Interpreting a Contract

Contributor: Ruairidh Leishman

Contracts may seem clear cut but there can still be room for misunderstandings that cause confusion between parties.

25 August 2023

Battle of the Forms

Contributor: Roddy Forgie

When two parties send through different contract terms, who is the winner?

25 August 2023

Formation of a Contract

Contributor: John MacKenzie

There are three key elements that must be present for a contract to be valid. This is critical – but so is clarity and mutual agreement. 

25 August 2023

Pre-Contract Negotiations

Contributor: Matt Phillip

How do you form a contract? While some contracts are simple and straightforward, that isn’t always the case at the commercial level.

23 August 2023

Sports Arbitration Handy Guide – 7 Cases on Challenges to Jurisdiction

Contributor: Matt Phillip

In this article, Alejandro Coghill and Matt Phillip, look back at seven cases that challenged jurisdiction in sports arbitration and identify nine key takeaways.

Click here to find out more about our Sports Law expertise.

 

22 August 2023

The rise of hybrid work: What are the health and safety implications?

In this article, Jamie Yule, Solicitor in our Workplace Risk and Regulation team, explores the potential health and safety risks associated with working from home and outlines the steps that employers must take to safeguard their employees.

21 August 2023

Hiring Foreign Students: Always Check Work Permissions!

Contributor: John Vassiliou

As the new school year gets underway Edinburgh welcomes another cohort of students, many of whom will be foreign visa holders. In our latest article John Vassiliou, Director and part of our workplace risk and regulation team, breaks down the essential information businesses employing foreign students must know to protect and safeguard their business.

18 August 2023

Is your option to acquire land protected?

Contributor: Ann Stewart

The Scottish Law Commission has published proposals for a new form of protection for holders of options over land.

10 August 2023

Is Your Bank Account Safe From Fraud?

Contributor: Philip Sewell

After transferring £700,000 to a sophisticated fraud scheme, a Barclays Bank customer sought reimbursement from her bank, raising concerns about their duty of care. This article breaks down the Supreme Court Judgment and highlights the scope of Quincecare duties. 

9 August 2023

EU and U.S. data flows: third time lucky?

Contributor: Joseph Fitzgibbon

An agreement between the EU and U.S. on data transfers has ended three years of uncertainty. Joseph Fitzgibbon, Senior Associate in our Media and Technology team, breaks down the new framework and discusses its implication on data transfers in the future. 

7 August 2023

Director’s Duties and Climate Change – Round One to the Directors?

Contributor: Alec Fair

The courts of England and Wales have recently refused two different attempts to challenge the decisions made by company directors in relation to climate change risks. In this article, we look at the reasons behind these two decisions, and consider what they might mean for the ever-growing area of climate and ESG litigation.

4 August 2023

We’re in a Barbie world – Barbie v Burberry and the importance of brand protection

Contributor: Carly Duckett

In our latest article, Carly Duckett and Yaser Razouk examine the details of the ongoing trade mark dispute between Mattel, the company that owns the Barbie brand, and British fashion house Burberry.

1 August 2023

Mr and Mrs Chalmers v Diageo Scotland Limited

Contributor: Ross Simpson

A recent case in which the enjoyment of property has been allegedly disturbed by actions taking place on a neighbouring property may pique the interest of whisky distillers. It is also a helpful reminder of when the common law of nuisance can be used as a remedy in neighbour disputes. 

1 August 2023

How to ensure your executors R E S P E C T your wishes – lessons to be learned from the Aretha Franklin estate dispute

Contributor: Stephanie Hepburn

Stephanie Hepburn and Chloe Imrie overview the decision in a recent court case involving the distribution of Aretha Franklin’s estate, and how to prevent similar disputes from arising in Scotland.

1 August 2023

Wild Camping ruled to be within the definition of “open-air recreation” in landmark Dartmoor Commons case for the right to roam in England

Contributor: Stephanie Hepburn

Stephanie Hepburn and Chloe Imrie discuss the outcome of the newsworthy English case of Darwall v Dartmoor National Park Authority and the contrasting positions between Scotland and England’s laws on the right to responsible access.

31 July 2023

Serial adjudications and the binding nature of a previous adjudicator’s decision

Contributor: Iain Drummond

Iain Drummond, Partner, and Alejandro Coghill, Trainee Solicitor, in our Construction, Engineering and Infrastructure Disputes team examine the recent Court of Appeal decision in Sudlows Ltd v Global Switch Estates 1 Ltd. This case highlights the binding nature of a previous adjudicator’s decision in serial adjudication and outlines over-arching principles which should be considered by adjudicators or enforcing courts when dealing with serial adjudication. 

28 July 2023

Tied Pub Regulation Upheld by Court of Session

Contributor: Gordon Downie

An important ruling by the Inner House of the Court of Session confirms the competence of the Scottish Parliament to mitigate the impact of anti-competitive agreements.