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Happy Birthday GDPR – One Year On
Shepherd and Wedderburn LLP, May 2019

According to statistics released by the European Commission earlier in 2019, the term “GDPR” amassed more Google searches than either Beyoncé or Kim Kardashian during the month of May 2018. Now that “GDPR” has become a household term, what have we learntin the 12 months since the introduction of the GDPR? 1...

The Perils of Dying Without a Will
Shepherd and Wedderburn LLP, May 2019

Recent research from the insurer Royal London found more than half of the UK adult population has not made a will, and a quarter of those have no intention of making one. Death, it seems, remains something of a taboo subject in the UK. This is in stark contrast to some other countries, such as Mexico, where each year the population celebrates Día de los Muertos, or the Day of the Dead...

The End of the Entrepreneur Visa?
Shepherd and Wedderburn LLP, May 2019

At the end of March, UK Visas and Immigration closed both the Tier 1 (Entrepreneur) and Tier 1 (Graduate Entrepreneur) routes, replacing them with two new visa categories, the ‘Start-up’ and the ‘Innovator’, which are contained within a new Appendix W of the Immigration Rules...

Mergers and Acquisitions: Why Immigration Matters and How to Get it Right
Shepherd and Wedderburn LLP, May 2019

In an increasingly global world, an organisation’s ability to recruit and retain international talent plays an ever important and potentially business critical role. In the UK, the only way in which employers can directly employ many of these talented individuals is through obtaining a sponsor licence from the Home Office...

What Organisations Should be Doing Now to Recruit and Retain EU Workers Post-Brexit
Shepherd and Wedderburn LLP, May 2019

The Brexit referendum vote and its potential impact on free movement has already resulted in many businesses struggling to meet their labour needs; the number of EU migrants has declined markedly at a time when Scotland and the UK is enjoying record levels of employment. As a consequence, immigration has risen to the top of many organisations’ agendas to ensure they can recruit and retain the talent they need to grow their businesses and remain competitive...

Competition Regulator Sharpens Focus on Construction Sector
Shepherd and Wedderburn LLP, May 2019

The Competition and Markets Authority’s (CMA) Chief Executive, Andrea Coscelli raised concerns in April at “seeing a lot of evidence of anti-competitive conduct in the construction industry”, adding the CMA had “already taken a number of cases in this sector…”. Recent enforcement action from the CMA, outlined below, suggests regulatory intervention is only likely to increase...

Regulation of Online Falsehoods: ‘Fake News’ – the UK, Singapore and Europe
Shepherd and Wedderburn LLP, May 2019

‘Fake news’ - information or news that is proven to be either verifiably false or misleading - has become a major, global concern. As news and opinion pieces are increasingly pushed to readers via online and social media channels, the speed of their dissemination has accelerated exponentially, as have the challenges around regulating news and opinion...

Marine Finfish Aquaculture: A New Environmental Framework
Shepherd and Wedderburn LLP, May 2019

The Scottish Government, SEPA and industry have identified significant opportunities for the growth of the finfish aquaculture sector in Scotland. This expansion is an express policy objective of the Scottish Government, and was confirmed through the National Marine Plan published in 2015. Nevertheless, whilst there has been some growth in the sector since the plan’s publication, the sector has yet to realise its full potential...

Brexit Breathing Space for Food Business Operators
Shepherd and Wedderburn LLP, May 2019

Whatever your views on Brexit, the deferment of the UK’s leaving date from the EU provided British industry some welcome breathing space to prepare for Brexit. Given the issues that still divide the two main political parties, the UK may yet leave the EU without a deal on 31 October...

Five Things a Buyer of a Rural Property Needs to Know
Shepherd and Wedderburn LLP, May 2019

Scotland’s countryside offers a vast range of property investment options, from houses and cottages to farms and country estates. However, when buying a rural property it is important to consider various issues that may be taken for granted in the purchase of a property in an urban area. 1...

Ten Things You Need to Know About the Insolvency (Scotland) Rules 2018
Shepherd and Wedderburn LLP, April 2019

On 6 April 2019, Scotland finally saw the introduction of the modernised insolvency rules in the form of The Insolvency (Scotland) (Company Voluntary Arrangements and Administration) Rules 2018 and The Insolvency (Scotland) (Receivership and Winding Up) Rules 2018 (the 2018 Rules). The 2018 Rules will replace the existing Insolvency (Scotland) Rules 1986 (as amended) subject to certain transitional and saving provisions...

Diligence: Early Involvement Pays
Shepherd and Wedderburn LLP, April 2019

Coordinating cross-border due diligence is a key skill that more often than not underpins complex, multi-jurisdictional merger and acquisitions (M&A) and private equity (PE)-led transactions. Where due diligence really adds value is in the early stages of the transaction, when local knowledge and expertise are vital to understanding the context of data room information...

Stopping Issues from Becoming Crises: Best Practice for Food Business Operators
Shepherd and Wedderburn LLP, April 2019

The presence of a small amount of undeclared sesame in a particular product may seem trivial but, for those who are allergic, it can provoke a major reaction. Such was the predicament faced by Pret a Manger in July 2016, following the death of Natasha Ednan-Laperouse that same month due to the undeclared presence of sesame in a Pret baguette...

Change is Coming to the Landed Estates in Scotland
Shepherd and Wedderburn LLP, April 2019

TheScottish Land Commission recently published their reportinto what it describes as the issues associated with largescale and concentrated land ownership in Scotland. The report draws a number of conclusions and makes recommendations to the Scottish Government about potential future legislative change that might have far-reaching consequences for rural land ownership...

Hitachi Zosen Inova AG Ltd v John Sisk + Son Ltd – The Same Disputes, But Different?
Shepherd and Wedderburn LLP, March 2019

In a recent decision by the Technology and Construction Court (TCC), Judge Stewart-Smith has clarified the position when determining whether two adjudications are “the same or substantially the same” when a party challenges jurisdiction under Para 9(2) of the Scheme for Construction Contracts. He stated that thedecisionreached in the first adjudication must be considered as well as the disputesreferredto adjudication in each...

Having the Last Word – Finality Clauses in Leases
Shepherd and Wedderburn LLP, March 2019

No-one enters into a lease of commercial property looking for a fight, but experience has shown it is prudent for the parties to provide for what will happen if a dispute arises. It is common for commercial leases to contain provisions for alternative dispute resolution, by referring any matter to an arbitrator or expert for determination. Such clauses invariably provide that the decision of such arbitrator or expert will be "final and binding on the parties"...

Are Professional Athletes Employees?
Shepherd and Wedderburn LLP, March 2019

A number of cases have looked at worker status in recent years, focused mostly around the ‘gig economy’ with claims against companies including Uber and Deliveroo. The gig economy typically involves individuals working in temporary positions in the service industry, such as food delivery or private couriering. The sharp increase in the number of people working in this sector has led to a huge shift in the cultural and business environment...

Compulsory Sales Orders: Threat or Opportunity for Vacant or Derelict Land?
Shepherd and Wedderburn LLP, March 2019

Many communities in Scotland are all too aware of the problems associated with living next to land or buildings that are lying vacant or derelict, particularlyin urban areaswhere neglected places are often a magnet for anti-social or criminal behaviour,becomingdumping grounds for rubbish,attracting vermin and generally posing a threat to the safety or health of those living or working in the vicinity...

Counting the Cost of Imported Goods in a No-Deal Brexit
Shepherd and Wedderburn LLP, March 2019

One of the key issues raised consistently in the discussions around a no-deal Brexit is the impact it would have on the customs duties payable on goods that are imported in to the UK. Whilst MPs have now voted against a no-deal Brexit, this does not change the legal position – that unless a deal is agreed, there will be a no-deal Brexit, (or no Brexit at all)...

Legal Challenges to UK Public Bodies: A Quick Guide
Shepherd and Wedderburn LLP, February 2019

Public bodies in the UK (government departments, regulators, local authorities etc.) are legally accountable for the decisions that they make. But what does that mean in practical terms to someone looking to raise a legal challenge to a particular decision? This short blog post provides some very high level guidance in FAQ form. Q. If I think a decision is wrong, am I able to raise a legal challenge against it? A. Maybe...

Action You Can Take Now to Protect your Business and Your Family Against a No-Deal Brexit
Shepherd and Wedderburn LLP, February 2019

One of the few things that is becoming clearer amidst the Brexit fog is that a ‘no-deal’ is no longer a fanciful possibility. The UK Government, in itsWhite Paper on Immigration Reformpublished at the end of last year, claimed the changes it proposed would lead to the most significant changes to immigration control in 45 years. However, that historic change, scheduled for December 2021, may come sooner than anticipated...

How will Brexit Affect my Mother-in-Law?
Shepherd and Wedderburn LLP, February 2019

Since the EU referendum, ourImmigration Team has been advisingEU nationals and their familiesimpacted by the UK’s decision to leave the EU. The result has thrown up a whole host of issues for EU nationals in the UK, not least how it affects their rights as a family unit. Our earlier post,British passports for EU children, looked at the position for EU children in the UK and how their parents can obtain a British passport on their behalf...

Construction Case Law Update - Top 5 Adjudication Cases of 2018
Shepherd and Wedderburn LLP, February 2019

This two-part webinar series explores the top construction court cases from 2018, to provide an understanding of the key developments in construction law and adjudication practiceand how these might affect your construction projects and disputes in 2019. 1. S&T (UK) Limited v Grove Developments [2018] EWCA Civ 2448 Grove employed S&T to design and build a new hotel at Heathrow Airport under a JCT Design and Build Contract...

Public Procurement in Scotland Post Brexit
Shepherd and Wedderburn LLP, February 2019

The Scottish Government has published its first two Scottish Procurement Policy Notes (SPPNs) for 2019, both of which relate to public procurement in Scotland in the event that the UK exits the European Union without an agreement (a ‘no-deal’ Brexit), and has published accompanying draft legislation to implement the changes it proposes. The first policy note (SPPN 1/2019) sets out the Scottish Government’s proposed changes to public procurement legislation...

Rights of Access vs Right to Privacy
Shepherd and Wedderburn LLP, February 2019

The public rights of access on and over land, enshrined in the Land Reform (Scotland) Act 2003, have now been around for almost 14 years. They allow all members of the public a responsible right of access on and across land and inland water throughout the country, often informally referred to as the right to roam. Certain parts of land may be excluded from the rights of access under the Act: restrictions may be allowed, for example, due to planned forestry operations...

Regulatory References: What’s New Under Senior Manager and Certification Regime?
Shepherd and Wedderburn LLP, February 2019

As the date draws closer for implementation of the Senior Manager and Certification Regime (SMCR) across asset management firms, HR’s attention is turning to the impact of the new regime on regulatory references...

Regulation of Cryptoassets: Stifling Innovation or a Catalyst for Growth?
Shepherd and Wedderburn LLP, February 2019

The Financial Conduct Authority (FCA) recently launched a consultation on its proposed guidance on cryptoassets (CP19/3) which can be read in fullhere. The move comes as part of the UK Cryptoasset Taskforce's wider look into the regulation of the cryptoasset market. The consultation follows a report published in October 2018 by the Taskforce, which consists of the Bank of England, HM Treasury and the FCA. Our discussion of that report can be readhere...

The Changing Employment Landscape: Employment Law Hot Topics 2019
Shepherd and Wedderburn LLP, February 2019

Whether you are a start-up looking to hire your first recruit or an established multi-national business, navigating the world of employment law can be tricky. WithBrexitstill firmly at the top of the bill, we take a look at some of the challenges ahead for employers large and small. As businesses struggle with significant skill shortages, expect difficulties around international recruitment and gender pay disparities to be key issues in the year ahead...

Implementing Electronic Invoicing in Public Procurement
Shepherd and Wedderburn LLP, January 2019

On 18 January 2019, the Electronic Invoicing (Public Contracts etc.) Amendment (Scotland) Regulations 2019 (the Regulations) were laid before the Scottish Parliament. They come into force on 18 April 2019 for central government authorities and bodies established under the National Health Service (Scotland) Act 1978, and on 18 April 2020 in relation to all other contracting authorities and contracting entities...

Construction Case Law Update - Top 5 Construction Cases of 2018
Shepherd and Wedderburn LLP, January 2019

This two-part series explores the top construction court cases of2018, providingan understanding of the key developments in construction law and adjudication practiceand how these might affect your construction projects and disputes in 2019. Read or watch the first in the series below: the top five construction cases of2018. 1...

British Passports for Children of EU Nationals: A Handy Guide
Shepherd and Wedderburn LLP, January 2019

“I don’t want a British passport for myself but should I get one for my child?” This is a common immigration-related enquiry, and one my team and I have been asked about by EU nationals repeatedly since the June 2016 referendum vote...

Mentoring in Action
Shepherd and Wedderburn LLP, January 2019

Shepherd and Wedderburn, as a collection of individuals and as a business, has put diversity and inclusivity at the heart its organisational culture and values. The business case for fostering diversity and inclusivity in the workplace is compelling...

British Passports for Children of EU Nationals: A Handy Guide
Shepherd and Wedderburn LLP, January 2019

“I don’t want a British passport for myself but should I get one for my child?” This is a common immigration-related enquiry, and onemy team and Ihave been asked about by EU nationals repeatedly since the June 2016 referendum vote...

Non-Compete Restrictions for Employee Shareholders: Lessons from the Commercial Court
Shepherd and Wedderburn LLP, January 2019

Employers will often include restrictive covenants in employment contracts to ensure their business interests are protected when an employee leaves. Where the employee is also a shareholder, there may be similar restrictions contained in a separate shareholder’s agreement...

McDonald's: No Longer the Big Cheese after Losing Big Mac Trade Mark Battle with Supermac's
Shepherd and Wedderburn LLP, January 2019

In a landmark decision, the European Union Intellectual Property Office (‘EUIPO’) has ruled that McDonald’s, one of the world’s largest fast food chains, will lose its EU trade mark for “Big Mac”...

Mentoring at Shepherd and Wedderburn
Shepherd and Wedderburn LLP, January 2019

Shepherd and Wedderburn, as a collection of individuals and as a business, has put diversity and inclusivity at the heart its organisational culture and values. The business case for fostering diversity and inclusivity in the workplace is compelling...

The NFUS Joint Venture Hub: Match-Making for a New Agricultural Future
Shepherd and Wedderburn LLP, December 2018

The National Farmers Union, Scotland (NFUS) Joint Venture Hub is designed to act as a match-maker, bringing together enterprising individuals – some of whom have land and some of whom don’t – with a view to pooling their resources to farm together for profit. The Hub can be accessed online via this link. One of the possible vehicles for pursuing a joint venture is by entering into a share farming agreement...

Scotland in 2050: Life Sciences - Growth Ambitions and the Challenges Ahead
Shepherd and Wedderburn LLP, October 2018

From ground-breaking discoveries such as penicillin and insulin, to the development of the MRI body scanner and the creation of Dolly the sheep, the first mammal to be cloned from an adult cell...

Scotland in 2050: Rural and Agriculture - Navigating Uncertainties to Realize Opportunities
Shepherd and Wedderburn LLP, October 2018

To coincide with its 250th anniversary, Shepherd and Wedderburn commissioned the University of Strathclyde’s Fraser of Allander Institute to consider the future challenges and, more importantly, opportunities for Scotland’s economy...

Scotland in 2050: Oil and Gas - Opportunities in Price Recovery
Shepherd and Wedderburn LLP, October 2018

The oil and gas sector has seen significant changes over the past few years, led by a significant reduction in global oil prices. This has increased the focus on operational efficiency and more flexible ways of working collaboratively to alleviate the effects of protracted price deflation...

Scotland in 2050: Financial Services - Financial Innovation for the Future
Shepherd and Wedderburn LLP, October 2018

The Scottish financial sector has always punched above its weight due, in large part, to its appetite for innovation and sharp business acumen, which it has successfully exported around the globe. The successful early establishment in Scotland of current account banking and the investment trust speak to this, along with the undisputed influence of the Scottish diaspora, which established many of the great financial institutions from Paris to Hong Kong...

Blockchain and the Energy Market
Shepherd and Wedderburn LLP, October 2018

Blockchain is a distributed ledger of data entries. The entries are processed and managed by a series of different computers, or ‘nodes’, which can be running on different servers. Every computer connected to the system keeps a copy of this ledger, meaning that different parties can view and manage the same information in real time. It also makes it exceptionally safe and secure. The energy sector has been relatively slow to adopt blockchain technology...

Readying Your Life Sciences Business for Investment: A Quick Guide: Scotland
Shepherd and Wedderburn LLP, October 2018

With investors such as the Scottish Investment Bank, the soon-to-be-launched Scottish National Investment Bank and the Epidarex Life Sciences Fund all increasingly paying attention to the life sciences sector against the backdrop of an increasingly competitive life sciences market in Scotland, now is a great time to consider whether your business is ready for investment, and how it could be standing out in order to attract investors...

Acquiring Rights of Way by Prescription
Shepherd and Wedderburn LLP, October 2018

In Scots law, it is possible to acquire certain rights to land – access, for instance – simply by the passage of time. This process is known as “prescription” and is outlined in the Prescription and Limitation (Scotland) Act 1973. There are two forms of prescription: positive and negative. Negative prescription extinguishes certain rights after a period of time...

The Challenge of Getting International Talent into the Life Science Sector in Scotland Continues
Shepherd and Wedderburn LLP, September 2018

Scotland is currently home to one of the largest life science clusters in Europe, with more than 700 organisations based here employing some 37,000 people. With 15 universities producing highly skilled graduates; the NHS as a massive single source of patient data; and world leading research centres in life sciences, Scotland attracts some of the brightest international scientists and life science businesses...

New Pay Ratio Reporting Requirements on the Horizon
Shepherd and Wedderburn LLP, September 2018

In its green paper on corporate governance reform, the Government sought views on measures designed to address "a widespread perception that executive pay has become increasingly disconnected from both the pay of ordinary working people and the underlying long-term performance of companies"...

Cabin Fever: Return of the Hut
Shepherd and Wedderburn LLP, September 2018

Not-for-profit Reforesting Scotland’s "Thousand Huts" campaign has spearheaded the regrowth of the hutting community, previously almost entirely eradicated by increasingly strict building regulations. The new Building (Miscellaneous Amendments) (Scotland) Regulations 2017 sets out the framework for ecologically sustainable hut development. What is a Hut? A hut must be a single storey building used as recreational accommodation...

Gender-Neutral Construction Contracts: The Future Norm?
Shepherd and Wedderburn LLP, September 2018

Lawyers are often criticised for using overly complex legal and technical wording in contracts. The purpose of a contract is, amongst other things, to clearly set out the rights and obligations of the contracting parties, and to limit uncertainty during the particular project. To this end, it is important to use plain English in contract drafting and as a general rule, to use short sentences, defined terms and a clear and logical structure...

The Migration Advisory Committee (MAC) Report on UK Immigration Reform: What Businesses Need to be Aware of
Shepherd and Wedderburn LLP, September 2018

The Migration Advisory Committee (MAC) has today published its report1 on immigration reform. As the MAC itself acknowledges, there will be “winners” and “losers” in any policy for immigration reform.On an initial reading of the report, it would appear the reforms proposed, while impacting all sectors, would be most challenging for those sectors employing a low-skilled workforce...

Enforcing Restrictive Covenants Against Scottish Employees
Shepherd and Wedderburn LLP, September 2018

Restrictive covenants seek to limit the ability of employees, typically senior ones, to work or carry out certain actions for a specific period after their employment is terminated. They are notoriously difficult to enforce because a court’s starting point is that they are an unenforceable restraint of trade, unless they are shown to be necessary to protect the employer’s business...

 

 

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