Knowledge

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.

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. 

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.

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.

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.

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.

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.

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?

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.

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.

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.

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.

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.

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.

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.

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?

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.

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.

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”).

Exploiting the full potential of our offshore wind generation will be critical not just for our net-zero ambitions but also for the UK’s energy security in an increasingly volatile world.

What happens if a charity has been left a legacy in a will, but it no longer exists? Our contentious executries team explores what may happen and provides practical steps to take to avoid this issue arising.

The National Infrastructure Commission has recently published its latest annual Infrastructure Progress Review. This article summarises the key findings.

Stephanie Hepburn and Chloe Imrie discuss the factors taken into account by the Lands Tribunal when considering an application to vary title conditions in the recent case of Inspire Scotland CC Ltd v Wilson.

Ahead of All-Energy 2023, the UK’s largest low carbon energy and decarbonisation event, Clare Foster explores a key focus of the conference: the decarbonisation of cities and places.