Knowledge


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23 January 2020

What a relief! Inheritance tax and farmhouses

Contributor: Douglas Sinclair

When is an estate eligible for reduced inheritance tax through Agricultural Property Relief?

17 January 2020

Psychology of negotiation – 2020 webinar series

Contributor: Ben Pilbrow

Watch our “psychology of negotiation” webinar series again, providing you with insights to improve the potential for you and your business to achieve the desired outcome in negotiations and avoid costly litigation where disputes arise. 

13 January 2020

Charitable status for Scottish independent schools: is it worth it?

Contributor: Malcolm Rust

The independent schools sector in Scotland is enduring an unprecedented period of uncertainty and change. The economic future of the sector in the short to medium term is under threat, as independent schools are facing increasing financial strain from recent legislative changes.

9 January 2020

On what grounds can an adjudicator’s decision be reduced?

Contributor: Iain Drummond

A recent decision from the Court of Session, Babcock Marine (Clyde) Limited v HS Barrier Coatings Limited, considers in what circumstances an adjudicator’s decision can be set aside for failure to exhaust jurisdiction and a breach of natural justice.

7 January 2020

Royal Mail stamped a first class penalty: advice from economic advisers is not privileged

The Competition Appeal Tribunal (the “CAT”), has handed down its decision in relation to an appeal by Royal Mail against a decision of Ofcom, concerning discriminatory pricing in relation to the supply of bulk mail delivery services in the UK.

6 January 2020

Resisting enforcement of an adjudicator’s award: how insolvent does the payee need to be?

Contributor: David Anderson

A closer look at the circumstances in which the courts might decide to stay the enforcement of an adjudicator’s award on grounds of payee insolvency, with reference to recent case law in both England and Scotland.

3 January 2020

Employers’ right to recover costs of rectification works dented but not demolished by defects liability clause

Contributor: Iain Drummond

A recent judgement from the High Court of Singapore follows the common law trend of allowing the recovery of damages for rectification of defects even in circumstances where the defects liability period is ongoing. 

31 December 2019

Is it possible to disinherit your children in Scotland?

Contributor: Douglas Sinclair

The Scots Law of Succession provides certain fixed rights of inheritance, known as “legal rights”, that can be claimed by an individual’s spouse, civil partner and children, regardless of what is stated in one’s will – but there are two important points to bear in mind.

31 December 2019

Funding your child’s university education – a handy guide to tax-efficient financial planning

Contributor: Christopher McGill

Chris McGill offers a handy guide with ten tips on funding your child’s higher education.

12 December 2019

Weather disruption: seven tips for employers

Contributor: Neil Maclean

Adverse weather conditions, such as stong winds, snow and heavy rainfall can lead to flooding, damage and major travel disruptions. We offer some guidance for employers on how to deal with weather-related absence.

12 December 2019

Health and safety inspections in the workplace: A handy guide

Contributor: Kevin Clancy

What you need to know about preparing for a health and safety inspection, and how you ensure compliance in your own business.

3 December 2019

Are you entitled to your expenses for a “dawn raid”, if you don’t raise a subsequent claim for damages?

Contributor: Ruairidh Leishman

Often a party will have good grounds to suspect that their confidential information is being misused by a third party. However, in order to prove this they need to recover the evidence from them or from someone else.
There is usually also a concern that the person who has misused the information will take steps to destroy or conceal evidence, if they are made aware of a potential claim.
In these circumstances, it is possible to apply to the court and obtain permission to conduct what is commonly referred to as a “dawn raid” or “search and seize order” to recover evidence.

29 November 2019

Crystallisation of disputes: Notice of Adjudication deemed premature by Court of Session

Court of Session deems Notice of Adjudication ‘premature’ where material elements of dispute had not crystallised.

26 November 2019

Incoterms 2020: the new rules governing global freight transportation

Contributor: Alison Rochester

Gareth Parry and Alison Rochester summarise the International Chamber of Commerce Incoterms 2020 rules due to be introduced 1 January 2020, the key changes from the 2010 edition, and the potential impact upon existing trade and contract arrangements.

24 November 2019

How can I save money using the Residence Nil Rate Band?

Contributor: Douglas Sinclair

While the introduction of the RNRB did provide significant inheritance tax savings for many families, the rules are complex and individuals need to check that they meet the necessary requirements.

19 November 2019

Court of Session provides for part enforcement of an adjudicator’s decision

Contributor: Iain Drummond

Key Scottish decision on severance in Dickie & Moore Ltd v The Trustees of the Lauren McLeish Discretionary Trust.

15 November 2019

The right to privacy and remedies for misuse of private information

Few would disagree with the view that the common law strives to uphold the principle that an “individual shall have full protection in person and in property.” Nor that “recent inventions and business methods call attention to the next step which must be taken for the protection of the person, and for securing…the right ‘to be let alone’.” But it may come as a surprise to learn that those words were written in 1890.

12 November 2019

What insolvency practitioners need to know about sponsor licences

Contributor: John Vassiliou

Insolvency practitioners need to be aware of their responsibilities when being appointed administrators to a company that holds a sponsor licence.

4 November 2019

“Matching” success for Liverpool FC

Contributor: Alison Rochester

Club emerges victorious in legal battle with current kit supplier, New Balance.

28 October 2019

Patent royalties – what does the inventor get?

Contributor: John MacKenzie

If you are employed to invent (and then patent) things should you get a bonus if it turns out that your invention is a stunning financial success?
That was the question that was before the Supreme Court in Shanks v Unilever.
In that case, Professor Shanks claimed compensation for a limited re-use or disposable sensor for monitoring glucose, insulin or immunoglobulin levels in diabetics.

25 October 2019

FAQs: Signing Scots law documents in cross-border finance transactions

Answers to commonly asked questions on how to sign documents in accordance with Scots law.

23 October 2019

Will a “no-deal” Brexit affect your board of directors?

Contributor: Stephen Trombala

How to ensure your business doesn’t fall foul of EEA board residency requirements post-Brexit.

22 October 2019

When an inspector calls: Ensuring proper compliance in health and safety investigations

Contributor: Kevin Clancy

Employee liability in the course of a regulatory investigation.