Knowledge


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21 January 2022

Returning to the workplace: Ventilation advice

Contributor: Kevin Clancy

The risk of COVID-19 transmission can arise from droplet transmission, contact transmission and from aerosol transmission. Good ventilation plays a part in reducing how much virus is in the air, thus reducing the risk from aerosol transmission.

20 January 2022

Scottish inquiry into the COVID-19 pandemic

Contributor: Kevin Clancy

Court of Session judge Lady Poole has been appointed as the chair of the Scottish inquiry into the COVID-19 pandemic. Our lawyers outline the 12 areas of investigation and how organisations that wish to engage with the inquiry should proceed

19 January 2022

How taking early advice can help resolve family disputes

Contributor: Christopher Garden

When disputes arise between family members, there is often much more at stake than money. Chris Garden explains how seeking advice early on can help resolve family disputes.

6 January 2022

Breaking a contractual hierarchy of dispute resolution processes

Contributor: Iain Drummond

The Court of Session has considered whether court proceedings can be raised to interrupt time bar, despite a contractual provision requiring adjudication before litigation. 

22 December 2021

The uneasy relationship between adjudication and insolvency

Contributor: Iain Drummond

Iain Drummond considers a recent case that provides lessons for the construction sector concerning the enforcement of adjudicators’ decisions by companies in liquidation.

21 December 2021

Changes to the director disqualification regime – what directors need to know

Contributor: Suzanne Knowles

The Rating (Coronavirus) and Directors Disqualification (Dissolved Companies) Act 2021 received Royal Assent on 15 December 2021. It will allow the Insolvency Service to investigate the conduct of directors of dissolved companies.

8 December 2021

Enforcing arbitral awards in light of Selevision Saudi Company v Bein Media Group LLC

A recent judgment of the High Court clarified the effect of Civil Procedure Rule (CPR) 62.18, the enforcement of arbitral awards made in a foreign jurisdiction, and the circumstances in which the Court may grant a stay of enforcement of them.

6 December 2021

Notification of collective redundancies – potential personal liability for administrators

Contributor: Suzanne Knowles

A recent decision of the High Court serves as a useful reminder of the potential for criminal liability for insolvency practitioners arising from a failure to notify proposed collective redundancies.

30 November 2021

Office for Product Safety and Standards (OPSS) responds to UK Product Safety Consultation and identifies potential changes to the product safety market

Contributor: Alison Rochester

Following an extensive consultation, The Office for Product Safety and Standards (OPSS) intend to update existing product safety regulations.

26 November 2021

Litigation funding – for the many or the few?

For many, litigation funding will be a term regularly associated with high value disputes and group actions.  However, litigation funding is increasingly being viewed as an avenue to promoting access to justice across a diverse range of disputes.

26 November 2021

Deer fences: a barrier to access rights?

Contributor: Stephanie Hepburn

Deer fences are often used as a method for managing the impact of wild deer. These fences can, however, conflict with the public’s right of responsible access under the Land Reform (Scotland) Act 2003.

20 November 2021

Why ESG should be at the top of every organisation’s agenda

Contributor: Louisa Knox

Louisa Knox discusses why having robust Environmental, Social and Governance (ESG) credentials are critical for long-term sustainability.

9 November 2021

Clause and effect: “see to it” and “on demand” guarantees

Contributor: Iain Drummond

Iain Drummond considers the recent case of Shanghai Shipyard Co. Ltd. V. Reignwood International Investment and its implications for parent company guarantees in construction contracts.

4 November 2021

Why Edinburgh’s planning policies will increase house prices

Have you ever wondered why property prices in Edinburgh are so high? Caroline McGregor, a solicitor in our planning and environment group, explains the relationship between the property market and planning policy. 

30 October 2021

Key climate crisis asks for world leaders at COP26

Contributor: Clare Foster

More than 100 global leaders will come together at the United Nations Climate Change Conference in Glasgow. Here, our clean energy specialists identify a number of key commitments they expect from world leaders during this crucial conference.

28 October 2021

The slow march of good faith: Van Oord UK Ltd v Dragados UK Ltd

Contributor: Iain Drummond

Iain Drummond considers the recent case of Van Oord UK Ltd v Dragados UK Ltd and its ramifications for good faith in contractual interpretation.

26 October 2021

Licensing Scotland: short-term letting updates for operators

Contributor: Kevin Clancy

Short-term letting operators should prepare for potential licensing law changes that are currently undergoing consultation. Kevin Clancy, Partner and licensing specialist in our commercial disputes team, explains how the proposed changes could impact short-term lets.

26 October 2021

HSE prosecutes contractor due to health and safety breaches during COVID-19 “spot check”

Contributor: Iain Drummond

Kevin Clancy and Iain Drummond consider the recent HSE prosecution and what it means for the construction sector.

20 October 2021

Liquidated damages and partial possession

Contributor: Iain Drummond

Iain Drummond considers the facts and implications of the recent construction case Eco World – Ballymore Embassy Gardens Company Ltd v Dobler UK Ltd.

18 October 2021

Menopause in the workplace

On World Menopause Day, Deborah Miller considers the legal developments in relation to menopause in the workplace, with reference to the recent Employment Appeal Tribunal case of Rooney v Leicester City Council.

14 October 2021

High Court refuses to incorporate “cunningly concealed” terms and conditions

Contributor: Alison Rochester

Alison Rochester and Roddy Forgie discuss the importance of certain provisions being clearly visible in the terms and conditions of a contract, with reference to a recent case in the High Court.

14 October 2021

Unidentifiable legatees: who should receive the legacy?

Contributor: Thomas McFarlane

In the recent case of Vindex Trustees Limited, the Inner House of the Court of Session declined to provide directions on who should receive a legacy when the legatee listed in the will could not be identified. This article looks at the reasoning behind this decision.

13 October 2021

TCC decides multiple payment applications can be one dispute

Contributor: Iain Drummond

Iain Drummond considers the recent TCC decision in Quadro Services Ltd v Creagh Concrete Products Ltd and its implications. 

13 October 2021

Red Bull v Bullards: balancing brand protection and reputation

Contributor: Matt Phillip

Protecting your intellectual property is vital in the modern market, but how do you do this without damaging your reputation? Matt Phillip and John Mackenzie explore this with reference to a recent case.