Knowledge

The Scottish Courts offer welcomed clarification on prescription for construction claims.

A summary of the recent Court of Appeal decision in Sony Interactive Entertainment Europe Ltd v Alex Neill Class Representative Ltd, which confirmed that the litigation funding agreements under consideration were not unenforceable damages-based agreements.

The Court of Appeal recently overturned a decision of the High Court that found part of a contract was unenforceable as the parties had failed to agree a price. This article explores what this decision means for suppliers.

In this fourth instalment in our clean energy joint ventures series, we look at the topic of director duties. 

In 1st Formations Limited v Lapp Industries Ltd, the Technology and Construction Court held that an interim payment application was valid despite the opposing arguments that the notice did not comply with Paragraph 2 of the Scheme for Construction Contracts 1998 as amended, it was ambiguous, and it also concerned incorrect dates and provisional sums. 

20 years on from the introduction of freedom of information laws in Scotland and the rest of the UK, we consider potential developments following the introduction of the Freedom of Information Reform (Scotland) Bill at Holyrood on 2 June.

The recently published National Energy System Operator’s connections reform timetable requires all developers who have projects with existing signed connection agreements in place to apply for a Gate 2 offer to receive an identified connection location and energisation date for their project. This marks the single biggest administrative exercise we have ever seen impacting grid agreements.

Any appeal against refusal of a planning application in Scotland now incurs a significant fee, but issues with the way they have been implemented may give rise to the fees being challenged via the courts.

With the summer in 2025 being the driest on record since the 1960s, this article takes a dive into the murky legal waters of riparian rights, particularly focussing on issues faced by landowners in drier summer months. 

A packed audience gathered in the Lowland Hall at the Royal Highland Showground on Friday 20th June for the annual rural business breakfast briefing hosted by Shepherd and Wedderburn and Bidwells.

An update on the case of Darwall v Dartmoor National Park Authority, and analysis of the Supreme Court decision to uphold the public right to wild camp on Dartmoor.

In this third instalment in our clean energy joint ventures series, we look at the key documents needed to establish a joint venture.

With executry disputes on the rise across the UK it’s important to consider different resolution paths. For some, mediation can be the best way forward.First published in The Scotsman. 

If your company or business has allotted shares or awarded rights to acquire shares to employees or directors, you are likely required to file an end of year Employment Related Securities return.

What real burdens could rural landowners face when diversifying rural land for agritourism? 

This article provides an overview of the recent negotiations and changes to the tariffs implemented by the US regarding the automobile industry.

Court held that an insolvent company was required to provide adequate security when enforcing an adjudication decision. 

Long Term Incentive Plans (LTIPs) are a great way to reward employees who have invested their time and effort into a business, while also promoting the success of the company itself. This article will look at LTIPs and how they can be used to reward long-term performance within business and in turn, retain key employees.

Striking a balance between achieving a just energy transition and honouring the promises made in the Employment Rights Bill may prove difficult as job security is a priority for many in the North East of Scotland. This article considers the potential obstacles the government and businesses may face. A shortened version of this article was first published in The Herald.

A summary of the key points in the Civil Justice Council’s Final Report on litigation funding, published June 2025.

In Disclosure and Barring Service v Tata Consultancy Services Ltd the Court of Appeal considered the interpretation of a condition precedent to uphold the Technology and Construction Court’s decision and find against an employer seeking liquidated damages. 

In this second instalment in our joint ventures series, we’re now diving deeper into the various forms that such joint ventures can take.

Forthtay Limited Employee Trust has lost its appeal against a Scottish Government decision that saw it forced to sell an area of its land in St. Andrews to a community body.

This recent English appeal court judgment serves as a timely reminder for the hotel and hospitality industry of the importance of complying with the obligations set out in the Health and Safety at Work etc. Act 1974 (and associated regulations).