Knowledge


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14 July 2023

The intersection between human rights and sports law – Semenya v. Switzerland

Contributor: Ross Simpson

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.

5 July 2023

AI Regulation in the UK

Contributors:
Peter Alderdice, Daniel Boynton

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.

3 July 2023

Managing costs and risks in the food sector

Contributor: George Frier

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:

27 June 2023

Space to grow

Contributor: George Frier

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

26 June 2023

The case for pumped hydro

Contributor: John Morrison

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.

 

21 June 2023

Beyond Binary: Exploring Testamentary Freedom and the Evolving Landscape of Gender Recognition

Contributor: Stephanie Hepburn

In this article, Stephanie Hepburn, Partner, Emma Read, Solicitor and Trainees Chloe Imrie and Erin Connor examine testamentary freedom and gender considerations in Scotland, and in England and Wales.

20 June 2023

Leases v Licences – The penalty for poor drafting is litigation

Contributor: Scott Ritchie

In this article, Scott Ritchie, Partner in our Property and Infrastructure Team, examines a recent property court case in which a Scottish judge remarked that “the penalty for poor drafting is litigation” to demonstrate the key differences between a “lease” and a “licence” and why this matters. 

19 June 2023

Managing heat in the workplace

Contributor: Kevin Clancy

During unprecedented heat waves over the summer, parts of the UK set new record temperatures. Kevin Clancy, Partner in our Workplace, Risk and Regulation team, discusses the legal implications of this upon UK employers.

15 June 2023

What could AI mean for DB pension schemes? We asked ChatGPT, and here’s what it said.

Contributor: Kirsty Headden

In this article, Kirsty Headden, Director in our Pensions team, asks the popular artificial intelligence programme, ChatGPT, to summarise the potential implications of AI for DB pension schemes. Kirsty then provides commentary on her three key takeaways from the fascinating response offered by ChatGPT.

14 June 2023

The onshore wind sector deal for Scotland: the winds of change?

One month on from All-Energy 2023, and with the Offshore Wind Strategy Leadership Group publishing an overview of the key themes and considerations for any Onshore Wind Sector Deal at the end of May 2023, Fiona Kennedy considers some of the key points raised at All-Energy and how these may be reflected in the proposed Sector Deal.

13 June 2023

Scottish limited partnerships – security reforms for funds

Contributors:
Andrew Kinnes, Rod MacLeod, Hamish Patrick

The Moveable Transactions (Scotland) Bill – recently passed by the Scottish Parliament – will have a significant positive impact on fund finance transactions in Scotland. In this article, Hamish Patrick, Rod MacLeod and Andrew Kinnes look at how the changes will impact fund finance transactions in Scotland and involving Scottish limited partnerships.

12 June 2023

Setting off opposing adjudication decisions

Contributor: Iain Drummond

Iain Drummond, Partner, and Alejandro Coghill, Trainee Solicitor, in our Construction, Engineering and Infrastructure Disputes team analyse the recent Technology and Construction Court (“TCC”) decision in FK Construction Limited v ISG Retail Limited. This decision highlights the limited circumstances in which a court will exercise its discretion to permit a set off between adjudication decisions and outlines what parties must do to convince the court to allow one.

8 June 2023

Green claims and activist shareholders – issues of trust

Contributor: Natasha Durkin

The climate change crisis is transforming not just government, but business and consumer attitudes and behaviours. While sustainability goals for organisations have clear tangible benefits, are consumers willing to pay a premium for sustainable products and services and can they trust companies’ green claims?

6 June 2023

Right of Responsible Access.

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.

6 June 2023

Securitisation in Scotland – Q&A

Contributors:
Fiona Buchanan, Neil Campbell

Since the first Scottish securitisation structures were developed and put in place by our lawyers over 30 years ago, the market has matured dramatically. This Q&A looks at some of the most common questions we encounter when a participant in the securitisation market is embarking on a transaction where the securitised pool includes Scottish assets.

26 May 2023

Artificial Intelligence – what does the future of the workplace look like?

Over recent months, ChatGPT has hit the news – and many of our phone and laptop screens – as the human race comes to terms with the rapid advances in artificial intelligence (AI) technology. In the workplace, there has been a gradual shift towards AI in recent years, expanding the use of AI in place of human decision-making in areas such as recruitment, management, and performance review. 

This article explores the current uses of AI and considers what legal pitfalls employers should be aware of to ensure their use of AI complies with all relevant legislation.

24 May 2023

Moveable Transactions Bill passed by Scottish Parliament

Contributor: Neil Campbell

On 4 May 2023 the Scottish Parliament passed the long-awaited Moveable Transactions (Scotland) Bill. The Bill introduces wide-ranging reforms to the Scots law of assignation of rights and of security over moveable property, and heralds one of the biggest changes to commercial law in Scotland – and for the ability of Scottish businesses to access finance – for many years.

Almost 20 years in the making the package is the result of extensive consultation with stakeholders across the legal, financial services and general business communities, particularly in recent years as the final legislation was being drafted.

19 May 2023

Actors’ Benevolent Fund: lessons to be learned from the trustee spat you couldn’t write the script for

Contributor: Justine McCluskey

Recent revelations about a long-running spat among the trustees of The Actors’ Benevolent Fund (ABF) have led to a very public dressing down from the Charity Commission for failings in governance. Justine McCluskey explores what led to the downfall and the difficult journey ahead for the new trustees.

19 May 2023

Permitting Clarkson’s Farm in Scotland

In this article Caroline McGregor, senior solicitor in our Planning team, uses the recent Amazon Prime Video series ‘Clarkson’s Farm’ to explore “permitted development”. The article notes an attempt by Clarkson to open a restaurant within an existing, unused building highlighting the importance of understanding the regulations and of obtaining the necessary permissions prior to any development.

18 May 2023

Navigating financial insecurities – ten top tips

Contributors:
Suzanne Knowles, Fiona McKerrell

The current economic landscape is presenting challenges for many businesses. Our restructuring and business advisory specialists have provided a list of ten top tips if your business is facing financial distress.

16 May 2023

Unlocking the potential of wind power in Scotland’s crofting counties

Contributor: Stephanie Hepburn

Scotland has an enviable track record in onshore and offshore wind, and the Scottish Government’s commitment to wind power is a strong basis on which to grow our renewable capabilities. Recently there has been an upsurge in the focus of croft and common grazing land as a source of onshore renewable development, but how do we make this happen?

15 May 2023

Owner-managed businesses: how to prepare when disputes arise

Contributor: Gillian Carty

In owner managed businesses the lines between the commercial and the personal can often become blurred. We recognise not only the need to provide owner managers with high quality legal and strategic advice to help resolve disputes but also the importance of ensuring that their mental health gets the priority it deserves.

11 May 2023

UK Private Capital (formerly the BVCA) remodels its investment documents

Contributors:
John Morrison, Christina Sinclair, Stephen Trombala

UK Private Capital (formerly the BVCA) has recently published updated model documents for early-stage capital investments. This article summarises the key changes contained in the updated model documents.

1 May 2023

Administering Clarity: Adjudications, Natural Justice and Insolvency

Contributor: Iain Drummond

Iain Drummond, Partner, and Alejandro Coghill, Trainee Solicitor, in our Construction, Engineering and Infrastructure Disputes team examine the recent Technology and Construction Court (“TCC”) decision in J A Ball Limited (in Administration) v St Philips Homes (Courthaulds) Ltd. This case highlights the circumstances in which an adjudicator’s award breaches natural justice and becomes unenforceable. The case also provides insights into the relationship between adjudication and administration, the provision of security, and the status of damages-based agreements (“DBA”).