Scotland | 20 July 2017

On 1 June 2017, the Civil Litigation (Expenses and Group Proceedings) (Scotland) Bill was laid before the Scottish parliament. It was considered by the Justice Committee on 13 June. Following that meeting there was a call for evidence and it is anticipated that stakeholders and interested parties will give oral evidence to the justice committee in September or October. [Continue Reading]

Scotland | 01 November 2016

A number of cases have come to court in Scotland in the last 12 months regarding whether or not notices have been validly served.

There is an established legal framework for determining that question, which every lawyer should bear in mind before drafting and serving a notice. [Continue Reading]

Scotland | 20 October 2016

The implications for the Scottish market in light of the recent Brexit vote, like the rest of the UK, remain unclear, with the inevitable lengthy negotiation period on the terms of our exit still yet to come. Many of the same issues arise here as in the UK, but there are a number of Scottish quirks that give us a few additional matters to consider – here we take a look at a few of these. [Continue Reading]

Scotland | 11 October 2016

If you rent commercial premises in Scotland then chances are you have accepted responsibility to keep them in good condition and repair throughout the lease, and to return them to the landlord in that condition at the end of the lease. [Continue Reading]

Scotland | 09 September 2016

In this article we examine the key differences between the self-reporting initiative operated by the Crown Office and Procurator Fiscal Services (COPFS) in Scotland and the deferred prosecution regime now operating in the rest of the UK. Any business that uncovers corruption within the organisation should make sure it understands the differences between the two regimes before deciding which authority to approach.

[Continue Reading]

Scotland | 02 August 2016

The UK’s vote on 23 June 2016 to leave the European Union raises a wide variety of legal issues and questions. With the UK Government unlikely to trigger Article 50 of the Treaty on European Union until early 2017, and then at least a further two-year negotiation window to determine the future relationship between the UK and the EU, it will be some time before the structure of the future UK/EU relationship is agreed or even much clearer. The flip side of the coin is that, until Brexit happens, it is very much business as usual. [Continue Reading]

Projects, energy and natural resources | 13 June 2016

Unsurprisingly, one of the hot topics of the moment is energy storage. As anyone connected with the energy industry is aware, the prospects for decarbonising our electricity system at the same time as ensuring secure and affordable energy seem to be reaching further into the future.

Addressing the so-called ‘trilemma’ of decarbonisation, security of supply and affordability has been at the heart of government policy for years. Meeting two of the objectives is easy enough but achieving all three is proving more of a challenge. [Continue Reading]

Scotland | 10 June 2016

It has been a busy time for Scotland’s constitution. No sooner was the 2014 independence referendum out of the way than the debates and arguments began on new powers for the Scottish parliament. That debate resulted in the Scotland Act 2016, passed shortly before May’s Scottish parliament election. [Continue Reading]

Scotland | 05 May 2016

The Energy Act 2011 (the Act) called for the introduction of regulations affecting the leasing of properties with poor energy performance in Scotland, England and Wales. The Assessment of Energy Performance of Non-domestic Buildings (Scotland) Regulations 2016 implements the Act in Scotland, and the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 implements the Act in England and Wales. Whilst the same basic concept of reduction of energy consumption flows from the Act, there are significant differences between the jurisdictions in the manner of implementation of the Act and content of the relevant regulations. Ultimately, the potential practical consequences for property owners now diverge between the jurisdictions and need to be adequately assessed and taken into account. [Continue Reading]