Knowledge


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22 February 2023

Wildlife Crime

In this article, Jamie Yule discusses the recently approved Hunting with Dogs (Scotland) Bill which will soon replace The Protection of Wild Mammals (Scotland) Act 2002. While further limits on fox-hunting will not come as a shock to many, landowners may be surprised at the fairly strict requirements contained in the Bill to ensure that illegal hunting is not taking place on their land.

17 February 2023

Health and Safety in a Hydrogen Energy Future

Contributor: Kevin Clancy

In the final part of our series of articles for Hydrogen Week, Kevin Clancy and Ross Gibson look at how the laws of health and safety are used to ensure the safe production and deployment of hydrogen and how these may develop in future.

15 February 2023

New UK Low Carbon Hydrogen Certification Scheme

Contributor: Joanna Rae

In the third of a series of articles for Hydrogen Week, Ashley French and Joanna Rae consider the UK’s proposal to introduce a new certification scheme to verify sustainability of low carbon hydrogen.

14 February 2023

UK Hydrogen Production Business Model: an update

In the second of a series of articles for UK Hydrogen Week, Ashley French sets out some of the key implications of BEIS’ update to the Heads of Terms for the Agreement for the Low Carbon Hydrogen Production Business Model.

13 February 2023

Hydrogen – the fuel of the future?

The UK’s first official Hydrogen Week starts today and aims to bring together stakeholders across the UK to celebrate and promote the role of hydrogen in reaching net zero. In the first of a series of articles, we set out a high-level overview of the opportunities and challenges presented by hydrogen in the UK.

8 February 2023

Ports review – cruise ships

In this second article for the ports review, Jamie Grant, Partner in our property and infrastructure team, expresses his optimism over the ongoing investment towards Scottish ports. 

8 February 2023

Ports Review – Offshore Wind

Contributor: Jamie Grant

Scotland has always been at the forefront of the green energy revolution, and it is now set to further exploit its huge potential for offshore wind.

8 February 2023

Suspicious Minds: Why is Priscilla Presley ‘challenging’ Lisa Marie Presley’s Will?

Contributor: Justine McCluskey

Following the premature death of Elvis’ only daughter, Lisa Marie Presley, in January this year, the Presley estate is once again making headlines, particularly with regard to claims that Priscilla Presley (ex-wife to Elvis and mother to Lisa Marie) is seeking to challenge the terms of her daughter’s Will. But what is the truth behind the headlines, and how might a similar scenario play out in Scotland?

7 February 2023

Too late: TCC upholds Part 8 challenge against adjudication on grounds of limitation

Contributors:
Iain Drummond, Lindsay Robinson

LJR Interiors Ltd v Cooper Construction Ltd involved a successful Part 8 claim against an adjudication award, providing a helpful example to businesses of when it is appropriate to challenge an adjudicator’s decision. This case is a useful contrast to Breakshore v Red Key Concepts, where the Part 8 challenge failed.

6 February 2023

The Scottish Statutory Pledge and sole traders

Contributor: Peter Alderdice

The Scottish Parliament is debating the Moveable Transactions (Scotland) Bill which aims to introduce a new type of security interest for moveable property in Scotland, called a “statutory pledge”. In this article, Peter Alderdice considers potential models for achieving the Scottish Government’s stated policy aim of allowing sole traders to grant the proposed new security, but stopping consumers from doing so.

30 January 2023

Subsidy Control Act 2022 – The subsidy transparency database

The Subsidy Control Act 2022 requires that public authorities publish information about any subsidy awarded or subsidy scheme created. The database of these awards is now live and this article focusses on the information that is required to be uploaded to that database and the ability to challenge those published grants and schemes.

25 January 2023

There’s No One Quite Like Grandma

Contributor: Justine McCluskey

It’s a tough time to be young – but could the power of the so called ‘grey pound’ be the saviour of the Millennial?

19 January 2023

Sustainability and the CMA

Contributor: Joanna Rae

Sustainability has been a prominent topic within competition and consumer law in recent years. The Competition and Markets Authority (CMA) has been at the forefront of promoting and supporting sustainability when developing policy and in the course of its work and projects.

18 January 2023

Liability limitation clauses – a sharp lesson

Contributors:
Iain Drummond, Lindsay Robinson

The Inner House provides a sharp lesson in Benkert UK Ltd v Paint Dispensing Ltd and demonstrates that; where one party is found liable for causing damage, it does not necessarily follow that a full recovery of damages will exist where a liability limitation clause operates; even in safety critical contracts.

17 January 2023

Legal issues in setting investment consultant objectives

Contributor: Richard Jones

From 1 October 2022, the Pensions Regulator (TPR) has assumed responsibility for oversight of the requirements for pension scheme trustees to set objectives for their investment consultants. Richard Jones discusses what this change means for trustees and highlights the key requirements contained in the amended Scheme Administration Regulations and accompanying guidance issued by TPR.

17 January 2023

A quick guide to DC chair’s statements

The regulatory environment for DC pensions is ever-changing. In this four-step guide, we explain how to prepare a compliant DC chair’s statement and avoid a fine.

4 January 2023

New year, new laws: Regulatory and competition law developments you need to be aware of in 2023

Contributor: Natasha Durkin

2023 will see a raft of UK legal and regulatory reform which will impact a range of organisations. In this article, Scott Rodger and Natasha Durkin from our Regulation and Markets team take a look at what is set to be a busy year of legal change ahead for competition and regulatory compliance.

23 December 2022

Subsidy Control Act 2022 – What are the new features of the Subsidy Control Regime?

Contributor: Gordon Downie

An article from the regulation and markets team highlighting and discussing the new features of the UK’s Subsidy Control Regime.

22 December 2022

Serving Court Proceedings – Could Technology Help?

Contributor: Alec Fair

Alec Fair and Evie Dransfield from our Commercial Disputes team discuss some of the unusual ways that the courts in England and Wales have allowed court proceedings to be served, including using crypto technology and social media, and what the Scottish courts might do when faced with similar requests from parties

15 December 2022

General Court on ‘Thin Ice’​ with its ISU Ruling, says Advocate General

Contributor: Gordon Downie

The Advocate General has this morning proposed overturning the 2020 ruling of the EU General Court that the International Skating Union’s rules on third party organised events amounted to a restriction of competition ‘by object’, but has left open the possibility that the rules might ultimately be found to constitute a restriction of competition ‘by effect’.

1 December 2022

Managing the queue – how to deliver faster grid connections

Jessica Sutherland discusses the initiatives developed by National Grid ESO to prevent stalled or slow moving projects from delaying viable projects behind them in the queue.

30 November 2022

Voluntary land registration

Registers of Scotland have announced their ambition to have 100% of the land in Scotland mapped on this new Land Register by 2024. Kirstin Wilson explains the merits of voluntarily registering your property before this date.

28 November 2022

Part 8 claims – When to use Part 8 to challenge an adjudicator’s decision

Contributors:
Iain Drummond, Lindsay Robinson

Iain Drummond and Lindsay Robinson look at the judgment in Breakshore Ltd v Red Key Concepts Ltd [2022] 5 WLUK 677 and consider when it is appropriate to use Part 8 claims to resist enforcement of an adjudicator’s decision.

25 November 2022

Cheers and fears as hospitality sector faces an uncertain festive season

Contributors:
Suzanne Knowles, Fiona McKerrell

In the run-up to what would ordinarily be a business festive season, new data suggests businesses in the hospitality sector are continuing to face challenges including rising energy costs, food price inflation, staff shortages and a drop in consumer confidence.