Knowledge


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27 April 2020

Discharging title conditions – Am I stuck with real burdens affecting my land?

Contributor: Katie McNab

The recent case of Toomey v Smith and Hall shines a light on the power of the Lands Tribunal to vary and extinguish title conditions.  

20 April 2020

COVID-19: Independent schools must revise their strategies

Lorna Brown details steps independent schools can take to mitigate financial strain in light of the COVID-19 outbreak.

9 April 2020

COVID-19: key issues for commercial tenants

With the COVID-19 pandemic continuing to cause an unprecedented disruption to UK businesses, commercial tenants are naturally anxious about how their lease obligations may be affected. What key issues should you be considering?

6 April 2020

The Lewis crofters’ victory overturned

Contributor: Stephanie Hepburn

Use of common grazing land near Stornoway airport by crofters has been stopped, opening up the development potential of the land. This article looks at the Court of Session’s decision that the land was the subject of compulsory purchase during World War Two, overturning the crofters’ earlier Land Court victory.

6 April 2020

Carbon offsetting: opportunities for rural clients

Contributor: Richard Leslie

Carbon offsetting offerings can provide rural landowners with unique opportunities, writes Richard Leslie.

2 April 2020

COVID 19: managing landlord-tenant relationships

Contributor: Jonathan Rickard

A checklist of issues for landlords to consider and to help sustain cooperative landlord-tenant relationships.

2 April 2020

COVID-19: emergency changes to housing legislation in Scotland

Some of the proposed changes in relation to evictions and tenancies that will be coming into force once the Coronavirus (Scotland) Bill becomes law.

1 April 2020

COVID-19: The Coronavirus (Scotland) Bill: impact on Commercial Lease Arrangements

Irritancy in Scotland: an update for commercial landlords in light of the Scottish Parliament introduction of The Coronavirus (Scotland) Bill. 

30 March 2020

COVID-19: Should I negotiate via video-link?

Contributor: Leonore Dupont

Should you negotiate with counterparts when working remotely as a result of the global COVID-19 pandemic? Leonore Dupont details best practice for doing so and the potential pitfalls to avoid.

12 March 2020

Reducing Capital Gains Tax after cuts to Entrepreneurs’ Relief

Contributor: Douglas Sinclair

With HMRC cutting the level of Entrepreneurs’ Relief, what other options are available to reduce tax exposure on business sales?

11 March 2020

Resolving rural disputes: watch webinars on nuisance, succession to agricultural tenancies and crofting law

Contributor: Hamish Lean

Watch again as our rural law experts provide information and guidance on resolving rural disputes over succession in relation to agricultural tenancies, and dealing with nuisance, harm and disturbance in the rural sector.

10 March 2020

EU ruling has lessons for mortgage lenders considering SONIA-linked loans

Contributor: Peter Alderdice

The European Union’s Court of Justice has handed down a preliminary ruling this month in a Spanish case that sheds light on the transparency requirement for variable interest rates under mortgage loan agreements.

28 February 2020

Outer House upholds entirety of adjudicator’s decision against barrage of enforceability claims and endorses the ‘core nucleus’ principle

Contributor: Iain Drummond

A recent decision from the Court of Session, Field Systems Designs Limited v MW High Tech Projects UK Limited, endorses the ‘core nucleus’ principle for the purposes of severability as the Outer House upholds entirety of an adjudicator’s decision against a barrage of arguments against enforcement.

28 February 2020

“Without prejudice” label not enough to protect contents for the purposes of considering time-bar

Contributor: Iain Drummond

Outer House of the Court of Session holds that a “without prejudice” label alone is not enough to protect the contents of the letter for the purposes of considering time-bar.

3 February 2020

Crucial distinctions in types of tenancy

Contributor: Hamish Lean

Secure traditional agricultural tenancies versus a short limited duration tenancy (SLDT), limited duration tenancy (LDT) or modern limited duration tenancy (MLDT). 

3 February 2020

VB M&E Group Limited & VVB Engineering UK Limited v Optilan (UK) Limited: is actual payment required under a vesting certificate for title to pass?

Contributor: Iain Drummond

With the increase in offsite construction it is not unusual for parties to make payment for materials prior to their delivery to site.
In these circumstances employers will require that title in materials has passed to or been “vested” in them. This is often done by way of a “vesting certificate”.

29 January 2020

Top construction cases of 2019 webinar series

Contributor: Iain Drummond

Watch our webinars exploring the most important construction and adjudication court cases of 2019 again on-demand.

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.