Knowledge

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

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

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

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

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. 

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

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.

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.

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.

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

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. 

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. 

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.

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.

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. 

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.

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.

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. 

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.

The dispute between Caster Semenya and World Athletics (formerly the IAAF) has received significant media attention over the last few years. Ross Simpson, Solicitor in our commercial disputes team, discusses the recent findings of the European Court of Human Rights in Semenya v. Switzerland, a case that spotlights the intersection between sports law and human rights. Visit our Sports Law page here to find out more about our expertise.

In this article our Regulatory Risk and Compliance team discusses the UK’s proposed regulatory framework for AI. It does this by first outlining the UK’s current approach, before exploring the “principle based” approach set out in the recent government whitepaper and then discussing examples of how regulators have begun to regulate AI.

Food price inflation in the UK remains stubbornly high. 

Despite the UK Chancellor’s push for supermarket leaders to lower prices for customers, there are still cost challenges throughout the entire supply chain.

George Frier, Head of our food and drink team, highlights the key risks to be aware of for businesses and individuals involved in the industry:

George Frier assesses the challenges and opportunities of sustainability for the food and drink sector

Corporate Partner, John Morrison and Corporate Finance summer student Jack Denholm, provide commentary on a recently published report by BiGGAR Economics that makes the economic and strategic case for new pumped storage hydro in the UK.