Knowledge

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. 

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.

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?

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.

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.

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.

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

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.

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.

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.

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.

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.

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

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

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’.

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.

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.

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.

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.

In an uncertain time, financial security is becoming increasingly important. As the Scottish property market remains strong, Kristina Jones, Solicitor in our private wealth and tax team, provides an insight to familial loans as a practical way for families to get on the property ladder.

In this TCC decision, the Court considered the complex issue of concurrent delay and whether the Council had followed the correct termination procedure under the contract, and whether this termination was effective.

The recent creation of The Patagonia Purpose Trust and the Holdfast Collective has shone a new light on how charitable trusts can be used for philanthropic causes while also being tax effective. Charlotte Fleming, Senior Solicitor in our private wealth and tax team, explores how charitable trusts work and the benefits they can bring.

Ruairidh Leishman, Solicitor in our commercial disputes team, discusses the UKIPO report published in November 2021, which highlighted the role that influencers play in the sale and marketing of counterfeit goods. This article highlights the steps that can be taken by brands against influencers who are infringing their IP rights and who pose a risk to their reputation.

Welcome to our Q and A series, where we bring together entrepreneurs and leaders in the business community. Each interviewee brings their unique perspective and hands-on experience of the challenges faced when starting and scaling a company.