Knowledge


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15 October 2020

Resolving Rural Disputes webinar: servitudes and car parking

Contributor: Stephanie Hepburn

Can we park the issue of whether Scots law recognises a standalone servitude to park vehicles? What can be done when someone is parking unlawfully on land or on a right of access? Our rural disputes experts take a closer look at these key issues, and how the landmark case of Moncrieff v Jamieson has influenced recent decisions in this area.

8 October 2020

Moving to Scotland and thinking of starting a business?

Contributor: Keir Willox

Moving to a new country can be a daunting prospect, particularly if you are also contemplating setting up your own business. Keir Willox, a corporate Partner in our Aberdeen office, discusses some of the most important aspects to consider and how our International Families Group can help.

2 October 2020

John Doyle Construction Ltd v Erith Contractors Ltd

Contributor: Iain Drummond

A recent Supreme Court judgement has clarified the right of insolvent companies to start adjudications.

28 September 2020

Procedural issues in adjudication – TCC case analysis

Contributor: Iain Drummond

Iain Drummond and Natasha Wyllie, of Shepherd and Wedderburn’s property and infrastructure disputes team, examine the use of adjudication and covert recordings as evidence in the Technology and Construction Court with reference to a recent dispute. 

22 September 2020

Wind farm development on common grazings approved despite crofters’ objections

Contributor: Stephanie Hepburn

The Scottish Land Court has approved a varied Scheme for Development to allow part of the Viking Wind Farm on Shetland to be built on land subject to crofting tenure.

14 September 2020

Planning for housing and waste infrastructure vital to a green recovery

Contributor: Ewan MacLeod

Ewan MacLeod, Partner in Shepherd and Wedderburn’s planning team and a member of the firm’s Clean Energy Group, discusses the latest Programme for Government.

10 September 2020

Updates to Scottish track and trace requirements for pubs and restaurants mean collection of much more data

Contributor: Joanna Boag-Thomson

Pubs and restaurants in Scotland must comply with more rigorous requirements to collect contact information about visitors to their premises. 

7 September 2020

How housing can build sustainable foundations for the green recovery

Contributor: Andrew Hall

Andrew Hall, Shepherd and Wedderburn’s Head of Housebuilding, shares his views.

24 August 2020

‘Pay now, argue later’: the TCC considers striking out a claim where payment wasn’t made following a ‘smash and grab’ adjudication award

Contributor: Iain Drummond

The Technology and Construction Court has reinforced that in construction projects an employer must “pay now, argue later”, and while the court stopped short of striking out a subsequent claim where the employer had attempted the opposite, it refused to allow the employer’s claim to proceed pending payment.

21 August 2020

How the rural sector can breathe life into green recovery

Contributors:
Stuart Greenwood, Hamish Lean

Scotland’s farms are ripe for low-carbon practices while woodland is both a climate-friendly and tax-efficient investment.

17 August 2020

The Green Recovery – Coronavirus, Climate Change and the Dangers of Complacency

Contributor: Clare Foster

Why are we not treating climate change like the pandemic?

12 August 2020

Local planning hampering onshore wind development

Contributor: Colin Innes

Scotland will need to take urgent action to achieve its aim of achieving a 75% reduction in carbon emissions by 2030 in order to meet its 2045 net zero target.

3 August 2020

The CMA and the construction sector

Contributor: Kevin Clancy

Does your construction business know if it is “cheating or competing”? According to research conducted on behalf of the Competition and Markets Authority (CMA), only 6% of firms in the construction centre are familiar with how competition law operates.

30 July 2020

COVID-19: English wills can now be witnessed remotely

The Ministry of Justice has announced that wills can now be witnessed remotely in England and Wales in a welcome legislative amendment.

17 July 2020

How forestry can provide the roots of a green recovery

Contributor: Stuart Greenwood

The forestry industry can play a vital role in the ‘green recovery’ from COVID-19 with its ability to support wind farms, grow locally-sourced sustainable timber and provide carbon offsetting services, writes Stuart Greenwood, a Partner in our rural property and infrastructure team.

13 July 2020

Go green with your investments

Contributor: Colin Innes

As the world grapples with the economic impact of the Covid-19 pandemic, governments are seeking to identify those industry sectors best placed to help drive investment and employment opportunities.

7 July 2020

An update on the severability of adjudication decisions

Contributor: Iain Drummond

The decision of the Inner House of the Court of Session in the case of The Lauren McLeish Discretionary Trust v Dickie and Moore has clarified the circumstances in which an adjudication decision can be enforced in part. 

1 July 2020

Group life trusts: Top tips for UK employers

Five top tips for UK employers operating group life trusts, whether registered or excepted.

25 June 2020

Can an insolvent entity refer a dispute to adjudication?

Contributor: Iain Drummond

The Supreme Court judgment in Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd has clarified the interplay between adjudication and the process of insolvency set-off.  

24 June 2020

Nuisance and the importance of evidence

Contributor: Elaine Brailsford

The Scottish courts have recently considered a complaint made by an individual about odours emitted from a nearby waste water treatment plant. This article discusses the court’s view on the evidential burden on those complaining of ‘nuisance’, and the evidence required in support of the complaint.

22 June 2020

COVID-19: Electronic signing of finance documents in Scotland

Contributor: Neil Campbell

What finance documents can be electronically signed under Scots law? We take a look at the key considerations for lenders and borrowers.

16 June 2020

The TCC considers crystallisation of a dispute arising from an extension of time claim

Contributor: Iain Drummond

In the recent case of MW High Tech Projects UK Ltd v Balfour Beatty Kilpatrick Ltd the Technology and Construction Court (“TCC”) reinforced the principles relevant when deciding whether or not a dispute had crystallised.

5 June 2020

Scottish Courts refuse an application seeking to correct or clarify arbitrator’s part award

Contributor: Leigh Herd

In Petition in arbitration appeal number 2 of 2019 [2020] CSOH 51 (28 May 2020), the Scottish Courts have refused an application made under Rule 58 of the Scottish Arbitration Rules (SAR) relating to when the petitioner could have an arbitrator’s part award clarified, or the removal of an alleged ambiguity within it.

5 June 2020

Step by step guide: how to manage a redundancy process

Contributor: Neil Maclean

This step by step guide from the Shepherd and Wedderburn employment team explains the consultation process for collective and individual redundancies.