Knowledge


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23 April 2025

Consultation response: refining the UK subsidy control regime

Contributor: Gordon Downie

This article reflects on the UK Government’s recent consultation with respect to refining the UK subsidy control regime, and highlighting the key changes that have been effected following a review by the Department for Business and Trade (the DBT).

17 April 2025

So you’re buying a rural property!

Contributor: Petra Grunenberg

You’ve submitted your offer, and it has been accepted but now your solicitor/paralegal will need to examine title – what is it they need to check that is different to buying a property in an urban area?   

17 April 2025

Wha’s like us? A guide to handling legal disputes in Scotland

Contributor: Thomas McFarlane

Scotland is often aligned with England and Wales when it comes to the law, but not always – it has a truly unique, hybrid legal system. This can make dealing with Scottish legal proceedings daunting, which is why we have created our Handling Disputes in Scotland video series. First featured in The Herald.

16 April 2025

A brave new world (of succession planning) following the October 2024 Budget?

Contributor: Petra Grunenberg

With the introduction of the new Inheritance Tax (IHT) rules in the October 2024 budget, succession planning is more important than ever in order to look out for future generations. 

8 April 2025

Challenge of navigating new IHT landscape

Contributors:
Justine McCluskey, Keith McLaren

We might have expected that five months, one consultation document and thousands of tractors driven through London later, the dust might have started to settle on changes to the IHT regime announced within the Autumn Budget. Unfortunately, it is very clear that few individuals feel sure-footed enough in navigating the new IHT landscape to make significant decisions. This article was originally published in The Business.

8 April 2025

Decarbonisation – one step forward, two steps back. How do we accelerate change?

Contributor: Clare Foster

One year on from the Climate Change Committee’s announcement that Scotland’s 2030 climate goals were “no longer credible”, and that there was no comprehensive strategy in place for Scotland to achieve net zero, we still await the updated Scottish Government Climate Change Plan. Clare Foster discusses what can be done to get back on track.This article was originally published in The Business.

7 April 2025

Employee loans: Increase in HMRC’s official rate of interest to 3.75%

Contributor: Gavin Charlton

From 6 April 2025, HMRC’s official rate of interest will increase. In this brief article, we will provide guidance for employers on which agreements will be affected and what they should look out for. 

7 April 2025

Will dynamic pricing be shown the red card?

Contributor: Jonathan Carey

The government’s public consultation on the resale of live events tickets closed for responses on 4 April. Against that backdrop, and with the use of dynamic pricing firmly in the regulatory spotlight, we explain what it all could mean for those hosting and selling tickets to sporting (and other) events.

4 April 2025

Turbulent times – CP30 and Scotland’s onshore wind future

Contributor: Craig Whelton

The recent Clean Power Action Plan 2030 (CP30) is intended to accelerate the delivery of clean energy ahead of the ambitious targets set by the UK, but will it ultimately support or limit future growth?Scottish onshore wind has a key role to play in ensuring the UK meets its clean energy targets. In this article, Partner Craig Whelton discusses how CP30 impacts the future of Scotland’s onshore wind sector.This article was originally published in The Herald.

3 April 2025

What will the regulation of litigation funding look like (Part I)

Contributor: Ben Pilbrow

With increasing calls for regulation in the litigation funding sector, it seems, more than ever, a foregone conclusion.

3 April 2025

Breaking Premier League rules and the butterfly effect

Contributor: Kypros Georghiou

This article provides background to Burnley’s claim for damages against Everton for its breaches of the Premier League’s Profit and Sustainability rules, and explores the consequences of these breaches on the fate of other clubs.

2 April 2025

Court holds contractor’s payment notice and pay less notice were both valid despite being sent at same time

Contributors:
Iain Drummond, Alejandro Coghill

The recent Technology and Construction Court decision in Placefirst Construction Ltd v CAR Construction (North East Ltd) clarifies the terms of the Housing Grants, Construction and Regeneration Act 1996 regarding payment notices, pay less notices, and payee applications for payment.

1 April 2025

Why it’s time to talk about wills

Contributor: Stephanie Hepburn

With an uptick in disputes over estates between beneficiaries, executors, or other family members, and challenges to wills becoming more commonplace in recent years, Partner Stephanie Hepburn looks at what you can do now to protect your family’s future. This article was originally published in The Scotsman. 

1 April 2025

Arbitration Act 2025 receives Royal Assent

Contributors:
Leigh Herd, Frazer Meldrum

On 24 February 2025, the Arbitration Act 2025 received Royal Assent, implementing much-anticipated reforms to the Arbitration Act 1996 (“1996 Act”). These reforms have gained positive feedback from the arbitration community, thought to reinforce efforts to solidify the UK as one of the leading hubs for international arbitration.

1 April 2025

The parable of the prodigal son; and the pitched battle between the presumption against donation versus the presumption of gift ex pietate

Contributors:
Stephanie Hepburn, Thomas McFarlane

We examine a recent Glasgow Sheriff Court decision concerning a £70,000 payment from father to son and whether that should be treated as a gift, or a repayable loan. 

31 March 2025

Moveable Transactions (Scotland) Act goes live today

Contributor: Neil Campbell

An overview of the key changes from the Moveable Transactions (Scotland) Act coming into force today, 1 April 2025. 

26 March 2025

Notification of first registration of crofts: A “belt and braces” approach?

Contributor: Stephanie Hepburn

This article considers the Land Court’s judgment in Toms v Lambert and what it tells us about the notification requirements that apply when a croft is registered for the first time.  

25 March 2025

Scottish Government introduces the Natural Environment (Scotland) Bill

Contributor: Ross Simpson

This article provides a summary of the main provisions of the Natural Environment (Scotland) Bill, with particular focus on the deer management provisions.

24 March 2025

Land Court grants declarator in dispute about the status of land on Strollamus Estate, Skye

Contributor: Stephanie Hepburn

Stephanie Hepburn acted for MacFarlane (St Helier) Corporation in a successful application to the Land Court for declarator that an area of land on Strollamus Estate in Luib, Skye, was not subject to crofting tenure and therefore the provisions of the Crofters (Scotland) Act 1993 did not apply. 

24 March 2025

On the verge – the extent of servitudes in Scotland

Contributors:
Emma De Sailly, Stephanie Hepburn

In this article, Stephanie Hepburn and Emma De Sailly consider two recent cases concerning servitude rights of access.

24 March 2025

Sheep worrying

Contributors:
Stephanie Hepburn, Vicky Christie

In this article Stephanie Hepburn, Partner in our litigation and dispute resolution team, and Vicky Christie, Associate in our rural property and business team, discuss the current Scottish legislation on sheep worrying, what steps farmers and landowners can take to protect their flocks, the types of penalties that exist, and how our rural disputes team can assist with any related issues.  

24 March 2025

Navigating torrential waters: surface water flooding and drainage in Scotland

Contributor: Stephanie Hepburn

Certain provisions relating to drainage of surface water may be agreed between neighbouring landowners privately, such as by way of a servitude, but what if no formal agreement is in place? This article looks at the common law position on surface water drainage. 

21 March 2025

Amendments to the Employment Rights Bill (and other recent developments)

Contributor: Olivia Greener

With the Employment Rights Bill expected to receive Royal Assent in July, this article highlights the significant amendments made following the Bill’s consultation period.

20 March 2025

Why reforms to Scots Law are set to accelerate clean energy ambitions

Contributor: Clare Foster

Clare Foster discusses the upcoming reforms to share security in Scotland, and the opportunities this presents for onshore wind project financing.This article was originally featured in The Herald.