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A Farmer's Guide to the EU Settlement Scheme and Skilled Worker Visas
Shepherd and Wedderburn LLP, June 2021

Free movement of workers from the European Economic Area (EEA) was ended by Brexit and the UK Government introduced the EU Settlement Scheme to bridge the gap between the UK’s two immigrations systems of those coming from the EEA, and those coming to the UK from outwith the EEEA. The EU Settlement Scheme is a mechanism for any EEA citizen who lived in the UK before 31 December 2020 to remain lawfully in the UK...

Are Controversial Scottish Agricultural Rent Reviews Set for Change Again?
Shepherd and Wedderburn LLP, June 2021

Agricultural rent reviews have been a source of controversy within the industry for many years. After a period of 15 years or so where there was little rent review activity in the agricultural tenanted sector between the early 1990s and the mid-2000s, a sharp spike in commodity prices during the course of 2007 led to a large number of rent review notices being served...

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

Athlete Eligibility and Selection Disputes in Sports Law
Shepherd and Wedderburn LLP, June 2021

Earlier this year, Scotland won the Calcutta Cup at Twickenham for the first time since 1983, thanks to a try from Duhan Van Der Merwe. The football team heads to Wembley this summer hoping to replicate the success of their rugby counterparts. The attack will likely be led by a strike pairing born in Leicester and the Gold Coast. Both these footballers qualify for Scotland due to family connections...

Adjudication: Lame Submissions, Indemnity Costs and Set-Off
Shepherd and Wedderburn LLP, June 2021

This case concerns an adjudicator’s decision issued on 7 December 2020. The adjudicator found in favour of Faithdean plc, ordering Bedford House Ltd, the employer, to repay deductions of around £1.5 million. No payment was made to Faithdean and enforcement proceedings were issued in January 2021. Bedford did not put forward a defence. Instead, it argued it could not pay as it wished to know the exact amount in order to make a single payment to Faithdean...

Challenges to Adjudicators’ Jurisdiction: Serial Adjudications
Shepherd and Wedderburn LLP, June 2021

An adjudicator’s jurisdiction is central to their ability to determine a dispute between two parties; without it, their decision will be invalid and unenforceable by a court. Conversely, if an adjudicator has jurisdiction, then, as the Court of Appeal has repeatedly emphasised, that adjudicator’s decision must be enforced, even if it results from errors of procedure, fact or law...

Challenges to Adjudicators’ Jurisdiction: Multiple Disputes Across Multiple Contracts
Shepherd and Wedderburn LLP, June 2021

It is a well-established rule of the Housing Grants, Construction and Regeneration Act 1996 (the ‘Act’) that an adjudicator will only have jurisdiction to determine one dispute under a construction contract at any one time, unless their jurisdiction has been extended by consent of the parties...

Can the Competition and Markets Authority (CMA) Protect Consumers from Product Greenwashing?
Shepherd and Wedderburn LLP, May 2021

The ethical consumer market in the UK has increased four-fold since 1999, and now is conservatively estimated at over £40bn per annum. Consumers are actively changing their behaviours in favour of more sustainable and ethical choices. As a result, companies are increasingly creating or adapting their offerings to appeal to these consumer preferences...

Fit for Revolution? Key Considerations for the UK Government's Net Zero by 2050 Strategy
Shepherd and Wedderburn LLP, May 2021

As the UK makes progress towards a ‘Green Industrial Revolution’, Shepherd and Wedderburn is committed, through our Green Recovery Strategy and enhanced Sustainability Policy, to working with clients operating in a wide variety of sectors to contribute to a green recovery from the recession caused by the COVID-19 pandemic...

How COVID-19 May Affect the Approaching Electric Car Era
Shepherd and Wedderburn LLP, February 2021

Early last year the Prime Minister dropped the “E-bomb” on British motorists, announcing a ban on cars powered wholly by petrol and diesel from 2030, and on the sale of new hybrid vehicles with the capability to drive a significant distance with zero emissions (such as plug-in or full hybrids) from 2035. Since then, the COVID-19 pandemic has impacted the world in an unprecedented manner...

New Consultation on Implementing the Long-Awaited Ban on Appointing Corporate Directors
Shepherd and Wedderburn LLP, January 2021

The Department for Business, Energy and Industrial Strategy (BEIS) recently published a consultation on implementing a ban on the appointment of corporate directors. The proposed ban on appointing corporate directors to the board of UK companies is not new – the statutory provision for this is contained in the Small Business, Enterprise and Employment Act 2015 (SBEEA) – but this particular provision has not yet been brought into force...

Renewable Energy, Agroforestry and Rewilding: Three Ways for Scottish Farmers to Protect their Business and the Environment
Shepherd and Wedderburn LLP, January 2021

The future of agriculture in Scotland is at a pivotal point. The COVID-19 pandemic has highlighted the challenges faced by farmers and crofters who have worked tirelessly to ensure food production and land management continues at a time when other industries have been brought to a standstill...

COVID-19: Powers of Attorney and Living Wills
Shepherd and Wedderburn LLP, September 2020

Since the COVID-19 outbreak, the Shepherd and Wedderburn private client team has been hard at work helping clients update their Wills and Powers of Attorney. While we all hope that the worst of this global pandemic is now behind us, recent weeks have brought various localised lockdowns and the expectation of a potential second wave, which may well coincide with the annual flu season...

The Green Recovery – Coronavirus, Climate Change and the Dangers of Complacency
Shepherd and Wedderburn LLP, August 2020

Article previously published in insider.co.uk Why are we not treating climate change like the pandemic? The COVID-19 pandemic has received 24/7 media coverage across the globe, and with good reason. Coronavirus has had a catastrophic impact, claiming the lives of hundreds of thousands of people, devastating our economies and materially changing the lives of millions as we try to adapt to the profound societal changes it has inflicted...

Major Disruption to US Data Transfers as EU-US Privacy Shield Declared Invalid by CJEU
Shepherd and Wedderburn LLP, July 2020

Thursday 16 July 2020 saw the Court of Justice of the European Union (“CJEU”) issue its decision on the validity of two international data transfer mechanisms - the “Privacy Shield” mechanism, which allowed for transfers between the EU and the US, and the Standard Contractual Clauses (“SCCs”) which are of more general application. Both of these mechanisms were confirmed by decisions of the European Commission...

Fast-Changing Whisky Industry Can Keep Lifting Spirits in Scotland's Economy
Shepherd and Wedderburn LLP, June 2020

Hand sanitiser production is just one aspect of business that's altered for £5bn industry, writes George Frier of Shepherd and Wedderburn The whisky industry continues to captivate consumers and entrepreneurs. Record exports continue and, within the sector, the emergence of new brands and the rejuvenation of existing brands demonstrate a vibrant sub-set of the Scottish food & drink economy...

COVID-19: A Practical Guide to Business Interruption Insurance Claims
Shepherd and Wedderburn LLP, June 2020

  Do I have a COVID-19 business interruption claim? Particularly if you operate in the leisure, retail or hospitality sectors, your business has likely suffered significant financial losses from the disruption caused by COVID-19. In trying to alleviate the impact of those losses, you might have identified that your business’s insurance policy offered cover for ‘business interruption’ (or ‘BI’)...

COVID-19: What Counts as a Food Business? The Coronavirus Act and the Food Supply Chain
Shepherd and Wedderburn LLP, March 2020

The identification of the food and drink sector as key in the response to the COVID-19 (C19) crisis seems obvious and unquestionable. Scratch the surface though and questions emerge, perhaps unsurprisingly because of the haste with which the emergency legislation was passed. The starting point recognised in the Coronavirus Bill was that the food supply chain involved not just producers but also intermediaries...

Coronavirus (COVID-19) – Does it Excuse Performance of my Contract?
Shepherd and Wedderburn LLP, March 2020

  The UK Government believes that up to a fifth of the workforce may be off sick during the peak of a Coronavirus epidemic. It remains to be seen whether Coronavirus will affect that volume of people, but there are already clear signs of how it is disrupting the day-to-day operations of businesses in the UK and around the rest of the world...

Incoterms 2020: The New Rules Governing Global Freight Transportation
Shepherd and Wedderburn LLP, November 2019

On 1 January 2020, the International Chamber of Commerce (ICC) will introduce its revised rules and trade terms governing global freight transport.  The Incoterms rules were first introduced by the ICC in 1936 to “establish commonly accepted definitions and rules related to the sale of goods between trading partners worldwide”, and now facilitate international trade valued in the trillions of dollars each year...

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...

 

 

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