Knowledge

Scottish Limited Partnerships (Scottish LPs) are a common feature in tax efficient investment structures, particularly in property investment. Unlike limited partnerships registered in the rest of the UK, the Scottish LP has a legal personality of its own, distinct from that of its partners. This makes a Scottish LP transparent for tax purposes. The tax authorities look through the Scottish LP and only tax the profits arising from the Scottish LP’s activities in the hands of its partners. This tax transparency has resulted in the Scottish LP featuring in investment structures in order to deliver tax benefits to the underlying investors. This article considers the issues that those involved in restructuring or insolvency assignments need to be alive to when dealing with a Scottish LP.

The ECJ has been advised by the Advocate General that ‘death-bed marriage’ restrictions in pension scheme rules gave rise to indirect discrimination on the grounds of sexual orientation. This article looks at the circumstances of the opinion and the implications of it for UK pension schemes. 

Sheep worrying is becoming an increasing concern for farmers and estate owners, especially following the introduction of the “right to roam” by the Land Reform (Scotland) Act 2003.  Incidents are on the rise, with over 2,000 reported to the police in the UK in the last two years.  Police Scotland recently launched a three month campaign to raise awareness about the devastating effects of sheep (and other livestock) worrying for farmers and their businesses and yet the responsibilities placed on dog owners who live or walk their dogs in the countryside and the remedies open to those affected by a sheep worrying incident are often poorly understood.

This article considers the application of a knock-for-knock indemnity to exclude liability for consequential loss.

This article is intended to provide landowners and employers with a practical guide on the vicarious liability provisions in the Wildlife and Natural Environment (Scotland) Act 2011. 

Hear from our Rural Property Litigation team, as they discuss potential criminal responsibility of landowners and tenants in the countryside.

In this article we review the decision of the High Court in Pollock v Reed which clarified the factors that scheme actuaries need to consider when providing certification for a bulk transfer without consent. 

Our international employment guide provides an overview of various issues, including the territorial scope of UK employment law, international employment contracts, hiring and seconding staff overseas, and using restrictive covenants to protect organisations. 

Earlier this year, the sanctions regime in relation to trade with Iran was relaxed, but pitfalls still remain.

In this recorded webinar, our speakers share their knowledge and expertise of the current law surrounding wayleaves and discuss some recent key cases in this area.

This article examines the recent case of Vinergy International (PVT) Ltd v Richmond Mercantile Limited FZC [2016] EWHC 525 (Comm), where the court considered whether a contracting party exercising its common law right of termination must at the same time comply with the contractual termination provisions.

A change to the law in Scotland means hidden costs for some property owners looking to re-mortgage

Earlier this month the Inner House of the Court of Session considered how long parties should have to wait for decisions from the court, and whether excessive delay meant that a fair trial had not taken place. 

A briefing on recently passed legislation which seeks to regulate lobbying in Scotland, with significant consequences for how businesses and other organisations engage with the Scottish Government and Members of the Scottish Parliament. 

Scotland’s prosecution service has announced a 4th civil settlement following a self-report of bribery offences. Scotland is the only place in the UK where bribery penalties can be agreed in a civil process, without the involvement of the courts. We think that the Scottish approach is more flexible and advantageous to businesses; however the lack of judicial scrutiny means there is limited transparency in the process, which makes it difficult to assess whether the agreements are fair and appropriate. 

In this article we explain the consequences of the introduction of a PSC Register under the Small Business, Enterprise and Employment Act 2015 for corporate trustees of UK pension schemes.

This article provides an update on Special Areas of Conservation for harbour porpoise in UK waters

The word ‘radical’ has been used by both supporters and critics alike when commenting on the various proposals set out by the Scottish Government in the Land Reform (Scotland) Bill. This gives a flavour of the tone of the debate. Both sides have also been particularly vocal on the previously little discussed topic of succession and assignation of secure agricultural tenancies. The implications of the proposals are discussed in this briefing.

In this article, we look at the High Court’s recent judgment in Hughes v The Royal London Mutual Insurance Society, where it overturned a decision by the Pensions Ombudsman in relation to a suspected pension liberations transfer.

A recent appeal decision by the Scottish Court of Session highlights the duty of care owed by a borrower’s solicitor to an outgoing lender, as well as serving as a reminder to lenders to be certain of outstanding liabilities when they discharge security. 

It is often said that where a breach of contract occurs, the innocent party has a duty to mitigate its loss. In fact, no such duty exists in law. Instead, it is a general principle that recoverable damages following a breach of contract will be assessed on the assumption that the innocent party has taken reasonable steps to mitigate its losses.