Knowledge

Hamish Lean, Head of Rural Property and Business, outlines rights regarding agricultural tenancies which are set to come into force at the end of February.

Employer debt is one of the most critical and fundamental elements of the UK’s defined benefit (DB) pension regime, this article provides background and key tips for managing debt.

This Technology and Construction Court case relates to the adequacy of the payment provisions within a construction contract, and whether the contractor was entitled to a “final account”, or whether its entitlement was limited to a series of interim payments.

As the UK and Scottish Governments carry out consultations on cash retentions in the context of construction contracts, a recent judgment confirms that the proper purpose of retention is to incentivise rectification of any outstanding defects, or as security for the loss incurred if they are not.

A recent decision by Lord Tyre in the case of Van Oord UK Ltd v Dragados UK Ltd 2020 CSOH 87 provided an interesting discussion of issues relating to the omission of work, breach of contract, Compensation Events and Defined Cost Calculations under the NEC3.

It is settled in adjudication that, (1) only the dispute referred in the Notice of Adjudication may be decided by the adjudicator; and (2) a Respondent may advance any defence open to it (which may include set-off).

The Technology and Construction Court (“TCC”) has clarified how these two principles interact in the context of the valuation of an Interim Application. 

Hamish Lean, Head of Rural Property and Business, explores how to manage and resolve contract farming disputes in this coffee-break style webinar.

In the recent case of Trustees of The Buchanan House Unit Trust v Scott Wilson Railways Limited, a court was asked to consider the scope of the equitable principle of abatement of rent in circumstances where, through no fault of either party, substantial remedial works were required to a leased property.

In the recent decision of Cornerstone Telecommunications Infrastructure Limited v London & Quadrant Housing Trust, the Upper Tribunal was given a further opportunity to consider the terms to be imposed in an agreement under Part 4 of the Electronic Communications Code. With a particular focus on questions relating to sharing and upgrade rights, and the level of consideration to be paid under the agreement, the decision provides further clarity on the parameters for negotiation under the Code. 

What measures can you take if someone encroaches on your land? Join Elaine Brailsford and Stephanie Hepburn, of Shepherd and Wedderburn’s rural disputes team, for this webinar outlining the remedies available when another party has encroached upon your land or upon your right of access.

Is diversification on tenanted holdings authorised under the Agricultural Holdings (Scotland) Act 2003? In this webinar Hamish Lean, Head of Rural Property and Business, examines diversification on agricultural holdings, with a particular focus on addressing common questions posed by landlords and tenants. 

Stephanie Hepburn, a Senior Associate in our rural disputes team, examines the laws surrounding ownership by possession, including the legal options available when someone wants to claim ownership of seemingly ownerless land.

Many farms in Scotland are farmed by family group businesses who work together in partnership, but what options are available to deal with disputes when they arise? Alexandra Smith, an Associate in our rural property and infrastructure team, explores common partnership problems and recommended methods of resolving such disputes.

Neil Cowan and Andrew Kinnes, of our banking and finance team, provide a comprehensive overview of Scottish share pledges, including frequently asked questions from both lenders and borrowers.

Are e-bikes classed as motorised vehicles under Scotland’s access rights legislation? Stephanie Hepburn and Elaine Brailsford of our rural disputes team address the scope of the legislation and the remedies available for unlawful exercise of access rights.

The recent case of Re CHF 2 Ltd is a useful reminder of the potential difficulty officeholders face in being paid for work carried out selling property in which other parties have an interest, write Serena Weir and Alec Fair.

An analysis of the policy frameworks throughout the UK for the delivery of onshore wind.

The issue of riparian rights is a complex and, at times, confusing area of law that is becoming increasingly important for developers and land owners alike. It is also an area in which there is likely to be possible reform in the future. In this article Elaine Brailsford, a Partner in our rural disputes team, takes a dive into the murky legal waters of riparian rights. 

This insightful webinar addresses the laws on wildlife crime and sheep worrying, and is accompanied by an in-depth article addressing potential remedies for when sheep and livestock worrying occurs.

In 2019 the Scottish Government recorded 236 reports of wildlife crime over a 12-month period. In this insightful webinar Elaine Brailsford and Stephanie Hepburn examine the laws on wildlife crime and sheep worrying, accompanied by an in-depth article focusing wildlife crime and vicarious liability for the harming of wild birds.

The use of electronic signatures is becoming increasingly popular, particularly in commercial transactions. In this article, we take a look at what is meant by electronic signature under Scots law, some of the risks involved and points to bear in mind when considering electronic signing.