Knowledge


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23 May 2018

Webinar recording: Insurance for construction projects – the basics

Contributor: Iain Drummond

The first webinar of this two-part series explores the basics of construction insurance.

22 May 2018

Family companies, cousins and dividends: an uncomfortable mix

Contributor: George Frier

George Frier explores the sources of potential conflict in family businesses, and how best to achieve a harmonious working relationship with key stakeholders.

9 May 2018

DDAs: a new medium of deferral for Section 75 Debts

Contributor: Andrew Holehouse

From 6 April 2018 a new way of dealing with Section 75 Debts has been introduced for all multi-employer defined benefit schemes – the Deferred Debt Arrangement.

9 May 2018

New rules for agricultural vehicles crossing the Forth

Contributor: Aileen Gordon

As of 1 February 2018, new rules apply to vehicles wanting to utilise the new Queensferry Crossing, including agricultural vehicles. 

7 May 2018

Where to enforce an adjudicator’s decision?

Contributor: Iain Drummond

Being granted a financial award in construction adjudication is not always the end of the story. Sometimes it is necessary to raise a court action to enforce the award. Iain Drummond looks at why it is important to consider which court can enforce the adjudicator’s award.

3 May 2018

The Right to Roam and Public Access Rights: Case briefing

Contributor: Stephanie Hepburn

The Land Reform (Scotland) Act 2003 provided the public with a legislative basis for their general access rights over Scottish land. A recent decision has provided further clarification on the nature of public rights to access land in Scotland. Read more. 

30 April 2018

Webinar recording: Resolving rural disputes webinar series – Debt in the countryside

The second webinar in our series focuses on the attachment of livestock as a method of enforcing a debt, exploring the key issues arising from this, and what those issues mean for land owners, tenants, and their advisers.

6 April 2018

Is the burden in my title still live?

Contributor: Richard Leslie

There are a number of questions that you need to ask about a burden to assess whether it is live – has a preservation notice been issued? Does the real burden have a duration? Does the ‘Sunset Rule’ apply? We answer these questions and more in our most recent briefing. 

23 March 2018

Webinar recording: Resolving rural disputes – Common problems that arise from serving notices under agricultural leases

We explore common disputes that arise from serving notices under agricultural property contracts and how these may be resolved. Tune in as we offer practical tips for land owners, tenants and their advisers.

16 March 2018

Moveable transactions law reform coming in Scotland?

Contributor: Hamish Patrick

In this article, the authors outline the proposed new regimes set out in the Scottish Law Commission’s Report on Moveable Transactions and illustrate some of the opportunities that would become available as a result of the new regimes’ flexibility.

5 March 2018

The Autumn 2017 Budget has changed the VCT investment landscape

Contributor: Douglas Sinclair

Our Tax Team explore adjustments made to the VCT investment landscape by changes made in the Autumn 2017 Budget and predict the likely impact this will have. 

5 March 2018

Better late than never? Late applications under the Community Right to Buy

Contributor: Stuart Greenwood

For more information on late applications under the Community Right to Buy – including additional criteria and human rights considerations – download our briefing. 

27 February 2018

HSE enforcement: More notices and more appeals?

Contributor: Kevin Clancy

Kevin Clancy explores the Supreme Court’s judgment in an appeal by Her Majesty’s Inspector of Health and Safety against Chevron North Sea Limited. Crucially, the appeal concerned what information can be considered by the Employment Tribunal when determining any appeal against an improvement or prohibition notice.

15 February 2018

Three yearly returns for LBTT leases – are you ready to review?

Contributor: Stephen Miller

Land and Buildings Transaction Tax is a tax on property transactions in Scotland, and applies to purchases of both residential and commercial properties, and leases of commercial premises granted on or after 1 April 2015. Download our breifing to read more about the LBTT.

8 January 2018

The secondary ticket market – a new criminal offence

Contributor: Paul Carlyle

The Secretary of State has used its power under the Digital Economy Act 2017 to create a new criminal offence targeting ticket bots.
 

19 December 2017

Private residential tenancies in rural areas

Contributor: Stuart Greenwood

All new residential property leases in Scotland are subject to a new letting regime. All new residential lets (unless exempt) will be PRTs. Get up to speed with the information on the PRT in our briefing. 

28 November 2017

Government consults on proposals to strengthen UK fuel supply resilience

Contributor: Keir Willox

The Department for Business, Energy and Industrial Strategy launched a consultation in relation to proposed measures to strengthen the resilience of downstream oil supply in order to maintain consistent fuel supply to UK consumers. 

24 November 2017

Oil and Gas – UK Industrial Strategy

Contributor: Stephen Trombala

On 23 January 2017 the UK Government launched proposals for a modern industrial strategy to build on Britain’s strengths and tackle its underlying weaknesses to secure a future as a competitive, global nation. 

23 November 2017

What you need to know about the Modern Limited Duration Tenancy

Contributor: Emma Robertson

The Modern Limited Duration Tenancy, introduced by the Land Reform (Scotland) Act 2016 will replace the former Limited Duration Tenancy and soon, it will not be possible to create a new LDT.  While MLDTs are similar to LDTs, there are various practical differences which landlords and tenants should know.

13 November 2017

But it’s on the balance sheet – identifying partnership property

Contributor: Richard Leslie

Where a farming operation is structured as a partnership, it is important to establish whether the underlying land is partnership property for a number of reasons. Read more.

2 November 2017

Payment notices in construction contracts – Muir Construction v Kapital Residential

Contributor: Iain Drummond

The requirement for “the basis on which the sum has been calculated” to be shown in payment notices issued under construction contracts has caused some difficulty, as it is not entirely clear what constitutes a proper “basis”. However, the recent case of Muir Construction v Kapital Residential may have shed some light on the meaning of this provision of the Construction Act 1996.

20 October 2017

OGA release new guidance on ISPs and ISCs

Contributor: Stephen Trombala

In February 2014, the Wood Maximising Recovery Review was published, setting out recommendations to maximise economic recovery from the UK Continental Shelf. One of its key findings was that the oil and gas industry in the UK relied heavily upon high quality data to create value, and it was therefore vital to ensure that data could be accessed in a timely manner to help create and maintain a more competitive market.

19 October 2017

The Lobbying (Scotland) Act 2016: Lobbying Register ‘go-live’

Contributor: Natasha Durkin

Last week, the Scottish Parliament announced that the ‘go-live’ date for the Lobbying Register set up by the Act is 12 March 2018. From that date, all regulated lobbying in Scotland will have to be registered on the Lobbying Register.

16 October 2017

Termination under the new Modern Limited Duration Tenancy

Contributor: Stuart Greenwood

The Modern Limited Duration Tenancy introduced by the Land Reform (Scotland) Act 2016 will replace the former Limited Duration Tenancy and from 30 November, it will no longer be possible to create a new LDT.  While MLDTs are very similar to LDTs, due to the introduction of new provisions concerning break clauses, there will now be four main ways to terminate an agricultural lease of 10 years or longer.