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Requirement for UKCA Marking Deadline Extended by One Year
Shepherd and Wedderburn LLP, September 2021

 On 24 August 2021, The Department for Business, Energy and Industrial Strategy (BEIS) granted a one-year extension for manufacturers to begin applying the UK Conformity Assessed (UKCA) marks for products marketed in the UK. The new deadline is 1 January 2023. UKCA marks replace CE marks in the UK...

End of the Coronavirus Job Retention Scheme – Considerations for Employers
Shepherd and Wedderburn LLP, September 2021

Covering employee wages since 1 March 2020, the Coronavirus Job Retention Scheme ("furlough") is set to end on 30 September 2021, with a deadline for final claims to be made by 14 October 2021. Employers still using the scheme should be engaging with employees about its end, and may now need to make some tough decisions that have been postponed while furlough continued...

Warning: Failure to Appoint Replacement Contracts Administrator Leaves Employer Picking up the Bill
Shepherd and Wedderburn LLP, September 2021

This article considers whether a notice is valid when served on a party who is specified in the Contract, but no longer holds office and lacks authority to act...

Not Every Lease of Land is an Agricultural Lease
Shepherd and Wedderburn LLP, September 2021

When is an agricultural lease not an agricultural lease? An agricultural lease provides a tenant with various rights, including security of occupation for the agreed length of the lease. That might be for five or 10 years or longer under a fixed duration tenancy or even for the foreseeable future, if the lease is a traditional lease entered into before November 28 2003. However, not every lease of land is an agricultural lease. Whether it is or not depends on the purpose of the lease...

Managing Risk Throughout the Construction Materials Shortage
Shepherd and Wedderburn LLP, August 2021

  It will be news to few that the construction industry is experiencing a serious shortage of key materials. The Construction Leadership Council first warned of shortages (in timber, steel, pitched roofing, plastics, paints/coatings, some electronic components and cement – among other materials) early this year, and has reiterated its concerns since...

Free Britney: How Would Britney Spears’ Conservatorship have Played Out Under Scots Law?
Shepherd and Wedderburn LLP, August 2021

The news earlier this month that Jamie Spears has agreed to step down from his long-time role as conservator of his daughter Britney Spears’ estate “when the time is right” has once again shone a light on the singer’s 13-year-long conservatorship, leading many to consider capacity issues for the first time...

Health and Safety in Agriculture: Farmers Urged to Make Safety a Priority
Shepherd and Wedderburn LLP, August 2021

Health and safety issues in the agricultural and rural sector are a matter of considerable concern. The Health and Safety Executive (HSE) is urging farmers to make safety a priority to reduce the number of injuries and fatalities in the sector. This recent campaign was prompted by four fatalities over a fortnight, coming only weeks after Farm Safety Week...

Cleaning up Greenwashing – Why Businesses Should Pay Attention
Shepherd and Wedderburn LLP, August 2021

As we approach COP26 in Glasgow in November, a vast amount of policy development is underway to help develop the strategies we need to address the global climate crisis. A central challenge is changing consumer behaviour, which is a complex and multi-faceted issue.  It raises questions around affordability, such as changing heating systems, purchasing zero emissions vehicles and better insulating our homes...

The Green Road to Electric Vehicles – Is It Time for Fewer Carrots and more Sticks?
Shepherd and Wedderburn LLP, August 2021

“We have to hurry, we have to get faster in the fight against climate change.” Those were the words of Angela Merkel, the German Chancellor, after surveying the devastation caused by record floods in western Germany in early July. Private transport is one of the world’s biggest sources of greenhouse gases, with emissions rising every year, and the transition to electric vehicles is fundamental in the fight against climate change...

Clauses for Concern: Supreme Court Ruling on Liquidated Damages
Shepherd and Wedderburn LLP, August 2021

Summary  Liquidated damages (LDs) are predetermined damages set when a contract is entered into, based on a calculation of the estimated loss likely to be incurred if the contractor fails to meet specific dates. LDs clauses are commonplace in commercial contracts. In construction contracts, they generally apply where the contractor fails to complete works by specified dates due to reasons for which the contractor is culpable...

Arbitration, Confidentiality and Sport
Shepherd and Wedderburn LLP, August 2021

When a dispute arises, and the subject matter relates to sport, it tends to attract attention. Whether the dispute concerns football, tennis, swimming or Formula 1, a bit of friction and tension makes for better headlines. For that very reason, most sporting bodies have a dispute resolution procedure that requires the parties to engage in arbitration. Advantages of arbitration in sport disputes There are two main benefits of using arbitration in sporting disputes...

Do Landlords have an Obligation to Provide their Tenants with a Water Supply?
Shepherd and Wedderburn LLP, August 2021

In the recent case of Granton Central Developments Ltd v Len Lothian Ltd, a commercial landlord appealed successfully against a Sheriff’s decision that it was obliged to provide, and that its tenant was entitled to receive, a supply of water to leased subjects.  Background to the utilities dispute Granton Central Developments Ltd and Len Lothian Ltd were the landlord and tenant respectively in terms of a lease of commercial premises in Granton, Edinburgh...

From Paralegal to SYLA President: Chiara Pieri on Seizing Opportunities
Shepherd and Wedderburn LLP, July 2021

Solicitor Chiara Pieri tells Scottish Legal News about her career journey – from working as a paralegal to qualifying as a solicitor and becoming president of the Scottish Young Lawyers’ Association. In 2014 Chiara Pieri graduated from Glasgow University with an LLB with Italian – and plans to go globetrotting before embarking on her legal career...

The Pros and Cons of Remote Hearings
Shepherd and Wedderburn LLP, July 2021

The purpose of this article is to report on a recent proof before answer hearing that was conducted fully remotely, and to set out some tentative thoughts on the future of remote hearings based on that experience. This is not intended to suggest that what was done should be followed in all hearings...

Challenging and Contesting a Will
Shepherd and Wedderburn LLP, July 2021

The death of a loved one is a difficult time and situations in which a Will is contested can be an additional burden. Challenging or contesting a Will in Scotland is slightly different from the rest of the UK and this guide is designed to set out the main grounds of challenge to a Will on both sides of the border.  Disputes can arise because of a poorly drafted Will, where there is a disappointed beneficiary or where a loved one appears to have been “disinherited”...

Compensation for Infringement of Intellectual Property Rights
Shepherd and Wedderburn LLP, July 2021

The holder of intellectual property (IP) rights is entitled to a variety of remedies for infringement of those rights. These include, an order for delivery (or destruction) of the offending goods, interdict (injunction) to restrain any further infringement, and damages or an account of profits. This article focuses on the level of financial compensation available to holders of IP rights once they have established their rights have been infringed...

UK Competition and Consumer Regimes Set for Shake Up
Shepherd and Wedderburn LLP, July 2021

The UK Government has this week announced what would be the biggest shake-up of the competition and consumer protection policy landscape for the last 20 years. On 20 July 2021 the Department for Business Energy and Industrial Strategy (BEIS) published a consultation document setting out its proposals for sweeping reforms of the UK’s competition and consumer protection law regimes and inviting responses by 1 October 2021...

Rural Businesses and Easing COVID-19 Restrictions in Scotland
Shepherd and Wedderburn LLP, July 2021

The Scottish Government has published its route map out of lockdown, legislating five levels, each imposing increasingly tougher restrictions. As at 19 July, the whole of Scotland moved to Level 0, with cautious optimism that most legal restrictions might be removed entirely in August. However, in the meantime, the move to Level 0 does not mean that everything returns to how it was pre-pandemic – there will remain a level of restrictions and compliance points that must be met...

Remote Hearings - Finishing Ahead?
Shepherd and Wedderburn LLP, July 2021

Whether remote hearings are desirable for civil proofs is controversial, but this account of a substantial proof in the Commercial Court suggests it was a positive experience The purpose of this article is to report on a recent proof before answer hearing that was conducted fully remotely, and to set out some tentative thoughts on the future of remote hearings based on that experience. This is not intended to suggest that what was done should be followed in all hearings...

Will Replacing Generating Equipment at my FiT Installation Affect its Accreditation?
Shepherd and Wedderburn LLP, July 2021

If you are the owner of an ageing wind, hydro or solar installation that receives Feed in Tariffs (FiTs), you may be considering replacing part or all of the generating equipment to upgrade your installation. "Will repairing or replacing the generating equipment affect my accreditation?" This is something we are being asked increasingly often and, frustratingly, the FiT Legislation and Guidance is inconclusive on this point. But not for much longer...

Sports Governing Bodies: Competition Law and Regulation
Shepherd and Wedderburn LLP, July 2021

From a competition law standpoint, the regulation of sport presents a difficult conundrum. On the one hand, sports regulations may limit the ability of economic actors (including sportspeople) to win business through unrestricted competition. On the other hand, without such regulations, the essential core of the sport (and the business interests built around it) may be undermined...

Low-Carbon Heating and the Heat Networks (Scotland) Act
Shepherd and Wedderburn LLP, July 2021

The built environment contributes 20% of the nation's greenhouse gas emissions, making it a key player in tackling the ambitious challenges we face on the journey to a low or net zero society.  How we heat (and cool) our buildings is a crucial element in reducing carbon emissions. But there is no single answer that will deliver the required emissions reductions to achieve government targets...

UK Government Sets Out its Strategic Approach to CPTPP Accession and Call for Evidence Reopened
Shepherd and Wedderburn LLP, July 2021

The parties to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) have agreed to formally commence an accession process with the UK. Ahead of the start of formal negotiations, the UK Government has set out its strategic approach to accession...

How the Surinder Singh UK Immigration Route Can Help Families Returning from the EU after Brexit
Shepherd and Wedderburn LLP, July 2021

In this article first published by The Federation of European Independent Financial Advisers, Jacqueline Moore, Head of Immigration, explains a time-limited opportunity for certain family members of British citizens to utilise a route known as “Surinder Singh”. Prior to Brexit, European free movement allowed British citizens to live and work in the EU without restrictions...

The Importance of UK Businesses Appointing an EU Data Protection Representative
Shepherd and Wedderburn LLP, July 2021

A recent fine of €525,000 by the Autoriteit Persoonsgegevens (AP), the Dutch Data Protection Authority, has focused attention on one of the least discussed provisions of the GDPR – Article 27. This provision requires those who are subject to the GDPR but who do not have a base in the EU to appoint an EU representative to act as a point of contact for supervisory authorities such as the AP and individuals (data subjects) within the EU...

 

 

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