Knowledge


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29 September 2017

The Barclay Review of Non Domestic Rates – How are rural interests affected?

Contributor: Stuart Greenwood

The Barclay Review, published last month, contained thirty recommendations that could significantly alter the business rates system. A statement issued by the Cabinet Secretary for Finance and the Constitution, Derek Mackay, on the 12th September has illustrated exactly how the Scottish Government planned to act upon these recommendations. 

20 September 2017

IBM: High Court overruled on employer’s duty of good faith when making pension changes

Contributor: Andrew Holehouse

The Court of Appeal has overruled the High Court’s landmark decision in the case of IBM v Dalgleish.  The successful appeal overturns the High Court’s earlier ruling that IBM breached its duties as an employer in making certain changes to its occupational pension scheme. This will be welcome news for those employers who have already altered or are seeking to alter their pension arrangements but care will still need to be taken to ensure that members’ concerns are treated appropriately.

19 September 2017

New Corporate Criminal Offence: Preventing the facilitation of tax evasion

Contributor: Stephen Trombala

The Criminal Finances Act 2017 contains two new corporate criminal offences of failure to prevent criminal facilitation of tax evasion, that will come into effect on 30 September 2017.

15 September 2017

Four landmark cases that changed the legal landscape in the UK

The UK legal system is one that is based on precedence and case law. Over the course of hundreds of years, the courts have made decisions that impact how the law works today and how it will evolve in the future. There are countless landmark decisions that have impacted the legal landscape in the UK and we have outlined just a few.

8 September 2017

How will Brexit affect the litigation funding market?

As Brexit negotiations resume, there is a lot of talk about what the final trade deal will mean for the UK.  What is getting clearer as negotiations progress is that whatever deal is put in place will have far reaching consequences for all sectors and markets, including litigation funding.

5 September 2017

Goodbye ‘Postal Acceptance’ Rule, Hello ‘Out-of-Office Message’ Rule?

Contributor: Peter Alderdice

Should an automated email message affect when a person becomes legally bound by an agreement concluded by electronic means? That is just one of a number of questions under consideration by the Scottish Law Commission as it consults on draft legislation to codify and reform the rules on formation of contracts under Scots law.

23 August 2017

Vive la (Counterpart) Révolution

Contributor: Neil Cowan

It is just over two years since the Legal Writings (Counterparts and Delivery) (Scotland) Act 2015 brought counterpart execution to Scots law. With technology having made it possible in recent years for parties in different geographical locations to sign documents and complete transactions, the 2015 Act was a welcome and overdue addition to the Scottish rules on the execution of Scots law documents. Read more. 

16 August 2017

Five reasons why Funded Disputes could be right for you

Funded disputes are becoming increasingly popular, but many potential claimants aren’t sure whether it’s the right route for them. There are many benefits to pursuing litigation through the funded dispute route. Here are just a few

3 August 2017

5 top tips when considering grazing leases

Contributor: Hamish Lean

Grazing leases represent a great potential source of income for landowners – this article sets out some of the key points you need to know. 

21 July 2017

Legislate in haste, repent at leisure: Drafting errors identified in the PSC Rules for Scottish Limited Partnerships

Contributor: Rod MacLeod

The speed at which the The Scottish Partnerships (Register of People with Significant Control) Regulations 2017 have been brought into force has come in for significant criticism from The House of Lords’ Secondary Legislation Scrutiny Committee.

13 July 2017

New requirements under the PSC regime – what you need to know

Contributor: Christina Sinclair

The persons with significant control (PSC) regime has changed to meet the requirements of the Fourth Money Laundering Directive (2015/849/EU) (Directive).  The UK, like all member states, had until 26 June 2017 to make the necessary changes to its domestic legislation to comply with the requirements of the Directive. Whilst the changes are largely as anticipated, the regulations and associated guidance were only published shortly before the implementation date, and so entities will now need to quickly get up to speed to ensure that they are in a position to meet the new requirements.

13 July 2017

Changes to the UK PSC regime – what do AIM companies need to do now?

Contributor: Christina Sinclair

In order to comply with the Fourth Money Laundering Directive, the current PSC regime has now been extended to include entities admitted to trading on UK prescribed markets such as the AIM market of the London Stock Exchange and the NEX Exchange Growth Market (known since 2020 as the Aquis Stock Exchange). Our corporate team have considered what these entities should be doing to comply with the PSC regime.

10 July 2017

Funds Finance: Scottish Limited Partnerships and the PSC Regime – Lenders take note!

Contributor: Rod MacLeod

Despite some industry insiders predicting that they’d overshoot the deadline for implementing beneficial ownership disclosure requirements of the Fourth Money Laundering Directive (EU 2015/849), the Department for Business, Energy and Industrial Strategy (DBEIS) has finally introduced the much-trailed overhaul of the “persons with significant control” (PSC) regime that currently applies to UK companies and limited liability partnerships (LLPs).

5 July 2017

Extension of sanctions on Russia

Contributor: Alison Rochester

Last week the EU Council renewed the economic sanctions against Russia which are now to be in place until 21 January 2018.

30 June 2017

Termination of sponsorship agreements with betting companies: the end of the FA’s moral dilemma?

Contributor: Alison Rochester

The English Football Association is set to end its sponsorship deals with betting companies. This decision comes two months after former Manchester City and Burnley midfielder Joey Barton received an 18-month suspension and a £30,000 fine for breaching the FA’s rules on betting misconduct.

29 June 2017

Northern Irish Court looks at notification provisions and time-bar of claims

Contributor: Iain Drummond

The recent Northern Irish case of Glen Water Ltd v Northern Ireland Water Ltd [2017] NIQB 20 looked at the notification provision for compensation events under a bespoke contract. The court ultimately took a strict approach to the notification requirements, resulting in the contractor’s claim being barred. 
The lesson is that claim notification clauses should be carefully complied with in respect of timing and content requirements; such notifications should give clear and unambiguous notice of the claim in question.

21 June 2017

Briefing note: Woodlands and Forestry

Contributor: Douglas Sinclair

The UK tax code includes a number of special rules and reliefs that can apply to owners of commercial woodland. In this note we explore a number of the rules that apply to individuals.

16 June 2017

Are you ready for changes to the PSC regime?

Contributor: Christina Sinclair

The current PSC regime will shortly be undergoing some significant changes. Read more about what steps corporate entities should be taking to comply with these updates.

14 June 2017

Changing regulatory landscape for Scottish partnerships

Contributor: Rod MacLeod

Companies House recently announced an imminent extension to UK anti-money laundering measures affecting Scottish limited partnerships and certain Scottish partnerships. This will bring Scottish Partnerships into the persons with significant control regime, which came into force for companies and limited liability partnerships last year.

7 June 2017

BA High Court case: Trustee’s introduction and exercise of discretionary increase power

Contributor: Edwin Mustard

The High Court’s judgement in British Airways plc v Airways Pension Scheme Trustee Limited provides authoritative guidance on the interpretation of scheme rules and the exercise of trustee discretion. 

2 May 2017

Put your questions to our expert energy lawyers

Shepherd and Wedderburn will host two Quick Fire sessions at  All-Energy, the UK’s largest event for renewables and low carbon energy, which takes place on 10th and 11th May Glasgow.

2 May 2017

Timber and Forestry: Interaction with roads

Contributor: Ann Stewart

This article looks at the timber industry in the UK and how transporting timber affects local roads. 

25 April 2017

The Right to Roam and Public Access Rights: What landowners need to know

This article explores the right to roam and public access rights under the Land Reform (Scotland) Act 2003. 

10 April 2017

Expert witnesses: The importance of independence and impartiality

Contributor: Matt Phillip

The Court of Appeal recently found that a trial judge would have been entitled to exclude the evidence of an expert witness whose independence was challenged in cross-examination.