Knowledge


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15 November 2018

Access Rights: Resolving Rural Disputes Webinars

Contributor: Elaine Brailsford

Elaine Brailsford and Stephanie Hepburn look at the various access rights commonly found in the rural sector and the interpretation and extent of these.

13 November 2018

Upping the ‘anti’ on anti-assignment clauses in business contracts?

Contributor: Andrew Kinnes

On 31 October 2018, The Business Contract Terms (Assignment of Receivables) Regulations 2018 were approved by both the House of Commons and House of Lords. The Regulations will come into effect on 31 December 2018 

30 October 2018

Webinar – Resolving rural disputes: the practicalities of serving notices

Contributor: Elaine Brailsford

Elaine Brailsford and Stephanie Hepburn focus on time and time limits in serving notices for out latest rural webinar instalment. 

22 October 2018

Scotland in 2050: Financial Services – financial innovation for the future

Contributor: Hamish Patrick

Hamish Patrick explores what lies ahead for Scotland’s financial future and examines the findings of the Fraser of Allander Report. 

12 October 2018

Acquiring rights of way by prescription

Contributor: Stephanie Hepburn

Our Rural Affairs team explains the legal concept of prescription, with specific reference to the case of Mr and Mrs B v Mr and Mrs C [2018] SC FORF 27.

1 October 2018

Webinar: Resolving rural disputes – Private residential tenancies in the rural sector

Contributor: Hamish Lean

This webinar examines private residential tenancies in the rural sector and discusses the new rules on Private Residential Tenancies: including the changes in the rules on recovery of possession and what these changes mean for land owners, tenants and their advisers.

27 September 2018

Construction law webinar: contracting for certainty

Contributor: Iain Drummond

Tune into our latest webinar as we explore the benefits you can reap by investing time in getting a construction contract right and signed from the outset.

26 September 2018

Wates corporate governance principles for large private companies

Contributor: George Frier

Our team unpick the Government’s green paper consultation on corporate governance reform, including which companies will be affected and how the new regulations will apply. 

26 September 2018

New corporate governance requirements for public and private companies

Contributor: George Frier

Paul Hally looks at the new key reporting requirements and the companies that will be subject to the legislative measures designed to improve and strengthen the existing corporate governance regime in the UK.

21 September 2018

Gender-neutral construction contracts: the future norm?

Contributor: Iain Drummond

Analysis of the use of gender-neutral language in standard form construction contracts, with a discussion of NEC3 and CEC4 contracts using plain English and gender-neutral language. 

6 September 2018

Increasing availability of farmland to new entrants

Contributor: Emma Robertson

An update on the James Hutton Institute report that identified various models to increase the availability of farmland to new entrants.

4 September 2018

Enforcing restrictive covenants against Scottish employees

Contributor: Neil Maclean

How can employers enforce English contracts of employment against Scottish employees? 

29 August 2018

Property developer receives custodial sentences for serious demolition site safety breaches

Contributor: Kevin Clancy

A Manchester-based property developer has received two consecutive eight month prison sentences for serious Health and Safety breaches and a breach of the CDM Regulations after the roof and part of the rear wall collapsed on one of his properties during demolition works. The works were carried out by unskilled workers, injuring one person.

27 August 2018

Moveable Transactions: an authoritative introduction to reform proposals

Contributor: Hamish Patrick

Read the Shepherd and Wedderburn introduction to The Scottish Law Commission’s Report on Moveable Transactions here.

13 August 2018

Providing for concurrent delay: contract provision trumps common law principle

Contributor: Iain Drummond

The Court of Appeal held that an express contractual term allowing an employer to levy liquidated damages for periods of concurrent delay took precedence over a common law principle known as the prevention principle.

7 August 2018

Court orders developers to discharge security when option terminated, despite alleged breach by security granter

Contributor: Andrew Kinnes

The Inner House has refused an appeal against a commercial judge’s order that developers discharge a standard security granted in terms of an option agreement that had been lawfully terminated. 

7 August 2018

TCC round three: Vinci Construction UK Limited v Beumer Group UK

Contributor: Iain Drummond

Vinci has won the latest bout between Vinci Construction UK Limited and Beumer Group UK, successfully enforcing an adjudication award in its favour, in a decision which demonstrates the Court’s ongoing commitment to upholding adjudication decisions by summary judgment.

18 July 2018

Between you and me: Rights in common and the Land Register

Contributor: Richard Leslie

The recent Scottish Lands Tribunal case related to the accuracy of the Land Register, under s82 of the Land Registration (Scotland) Act 2012. A dispute arose about the rights in residential property which had been split into two flats.

15 July 2018

Pensions Ombudsman determines pension scheme did not do enough to prevent pension scam

Contributor: Louisa Knox

Our Finance Team explores the recent case that could potentially increase schemes’ liability in respect of pensions fraud and liberation.

10 July 2018

Recent anti-bribery decision could have far-reaching consequences

Contributor: Kevin Clancy

Kevin Clancy discusses the ramifications of the recent decision where two individuals were sentenced for Bribery Act 2010 offences (bribing a person, and being bribed).

27 June 2018

Webinar: Resolving rural disputes – Ransom strips in rural land development (Part 2)

Contributor: Elaine Brailsford

The latest webinar continues our discussion of ransom strips in rural land development.

19 June 2018

Scottish Government launch Offshore Wind Sectoral Marine Plan Scoping Consultation

Contributor: Scott McCallum

Following the announcement from the Crown Estate Scotland (CES) of its intention to run a further leasing round for commercial scale offshore wind energy projects in Scottish waters, the Scottish Government has launched its Offshore Wind Sectoral Marine Plan Scoping Consultation.

31 May 2018

Webinar: Resolving rural disputes – Ransom strips in rural land development (Part 1)

Contributor: Elaine Brailsford

The third webinar in the series looks at when ransom strips may arise in a rural setting, what may be done to avoid this using voluntary registration and where rectification may assist as a remedy in a ransom strip situation.

23 May 2018

Termination of leases – It’s not over till it’s over

Contributor: Ann Stewart

Ann Stewart explores the finer details of the Scottish Law Commission’s Discussion Paper, which attempts to clarify issues surrounding modern commercial leases.