Knowledge


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17 April 2019

Stopping issues from becoming crises: best practice for food business operators

Contributor: George Frier

Allergen-related issues can cause significant reputational issues. How can food business operators stop these issues from becoming a crisis? 

3 April 2019

Hitachi Zosen Inova AG Ltd v John Sisk + Son Ltd – the same disputes, but different?

Contributor: Iain Drummond

Are two adjudications “the same or substantially the same”? A recent decision by the Technology and Construction Court (TCC).

25 March 2019

Having the last word – finality clauses in leases

Contributor: Ann Stewart

Most commercial leases contain provisions for alternative dispute resolution, by referring any matter to an arbitrator or expert for determination, invariably providing their decision will be “final and binding on the parties”. But how final is “final”?

13 March 2019

Victory for Lewis Crofters in Airport Land Dispute

Contributor: Stephanie Hepburn

Highlands and Islands Airports Limited (HIAL) has failed to persuade the Scottish Land Court that crofting rights relating to an area of land adjacent to Stornoway Airport had been extinguished in the 1940s. 

13 March 2019

Planning and housebuilding: we are simply not building enough

Contributor: Ewan MacLeod

Planning law specialist Ewan MacLeod examines the amended Planning (Scotland) Bill, due to be debated in the Scottish Parliament in the coming months. 

5 March 2019

Negotiations: Why do we hate to lose?

Contributor: Leonore Dupont

Negotiating is a part of life.
Whether it’s a two year old toddler trying to ‘negotiate’ her way out of eating those vegetables at dinner, a tourist haggling in a bazaar, a salesperson trying to seal the deal or a business executive attending a mediation to resolve a dispute, it permeates every aspect of our lives.
Everyone needs to negotiate for something at some point, be it when asking for a salary raise or trying to clinch a multi-million pound buy-out contract.
But how effective a negotiator are you?

27 February 2019

Refresh of the Countryside Code

Contributor: Alexandra Lane

With the peak lambing season almost upon us, farmers across Scotland are calling for greater awareness of the ever-present threat of sheep worrying, and potential changes in the law carrying harsher penalties.

19 February 2019

Construction case law update – Top 5 adjudication cases of 2018

Contributor: Iain Drummond

The recording of our latest webinar, the Top 5 adjudication cases of 2018, is now available. 

13 February 2019

Rights of access vs right to privacy

Contributor: Stephanie Hepburn

How does the law determine public rights of access on and over land?

1 February 2019

Concussion in sport – the role of governing bodies

Contributor: Matt Phillip

In the face of looming class actions and an ongoing debate on head injuries and concussions, sports clubs and governing bodies are under pressure to strike a balance between player safety and the viability of grass roots sport.

25 January 2019

Construction case law update – Top 5 construction cases of 2018

Contributor: Nathaniel Buckingham

Read or watch our construction case law update, the Top 5 construction cases of 2018. 

20 January 2019

Acquiring rights of way by the passage of time

Contributor: Hamish Lean

Hamish Lean discusses the process known as ‘prescription’ and what is necessary to establish a public right of way.

18 January 2019

Mentoring in action

Contributor: Fiona Buchanan

Partner and Head of the Banking and Finance team Fiona Buchanan on the benefits of mentoring and how it has been implemented at Shepherd and Wedderburn.

17 December 2018

The NFUS joint venture hub: match-making for a new agricultural future

Contributors:
Stuart Greenwood, Hamish Lean

Accredited agricultural law specialist Hamish Lean outlines some of the key points to consider in the National Farmers Union of Scotland’s new Joint Venture Hub, designed to promote agricultural land sharing. 

6 December 2018

Resolving Rural Disputes: Subsidies and Subsidy Appeals

Contributor: Hamish Lean

Hamish Lean delivers this webinar providing participants with an understanding of different disputes that can arise in the rural sector, and how these may be avoided. In this final webinar of the series, Hamish looks at subsidies and subsidy appeals.

30 November 2018

Limiting liability: construction law webinar

Contributor: Iain Drummond

This webinar focuses on limiting liability and considers the different forms that limits on liability can take and the constraints on the use of such clauses.

23 November 2018

Scotland in 2050: Clean Energy – realising our potential, domestically and internationally

Contributor: Clare Foster

Clare Foster, head of Clean Energy, outlines some the challenges ahead in meeting our growing energy needs in tandem with ambitious carbon reduction targets 

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.