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  The establishment by the Scottish Government of a food security task force is a necessary and timely response to the war in Ukraine. In addition to the harrowing humanitarian crisis, the conflict has prompted significant concern among food producers. The UK food sector and consumers are currently facing a perfect storm just as we begin to emerge from the pandemic ...

Following the Scottish Government’s statement on 15 March 2022 regarding COVID-19 restrictions, organisations should take time to review the status of recently eased restrictions, and those which are to be eased in the coming weeks. These changes will be of particular relevance to businesses and employers throughout Scotland, who should follow the up-to-date guidance when dealing with employees and customers alike ...

Shepherd and Wedderburn LLP | February 2022

  The turbulent nature of recent years, not least the impact of the global pandemic, stock market volatility, the rising cost of living and rising inflation, has left no sector of the economy untouched, and so it is for wealth management ...

Shepherd and Wedderburn LLP | February 2022

  The courts have always dealt with big issues and complex questions. But are the courts the right place to tackle perhaps the biggest issue of all? In recent times there have been a number of high profile court actions relating to climate change, leaving courts in various parts of the world grappling with this complex and difficult issue ...

Shepherd and Wedderburn LLP | February 2022

  On 19 January 2022, the Scottish Government approved legislation that will require local authorities to set up licensing schemes for short-term lets, and require all short-term let properties to hold a suitable licence ...

Shepherd and Wedderburn LLP | February 2022

  What is Natasha’s Law?  Natasha’s Law is the name given to the regulations that came into force on 1 October 2021 and provide new requirements for the labelling of allergens in certain foods. These regulations apply across the entirety of the UK ...

Shepherd and Wedderburn LLP | February 2022

 The Scottish courts recently refused assistance under the UNCITRAL Model Law on Cross-Border Insolvency when a request for a stay on actions in Scotland was made by a Foreign Representative appointed under a Singapore moratorium procedure. Dr Hamish Patrick, Partner in Shepherd and Wedderburn's banking and finance team, has recently published an article on this case in International Corporate Rescue ...

Shepherd and Wedderburn LLP | February 2022

 I’ve had a number of queries recently about agricultural tenancies where a partnership is the tenant rather than an individual. This can often give rise to problems and I thought that it would be worthwhile spending some time looking at some of the issues that can arise and how they might be resolved. First of all, in Scots law, a partnership is a separate legal person in its own right quite distinct from the individual partners in the partnership ...

Shepherd and Wedderburn LLP | February 2022

 The UK Government has put forward for approval by Parliament a new safeguard mechanism for international transfers, known as the International Data Transfer Agreement (IDTA), that will impact organisations transferring personal data out of the UK. If approved, the IDTA will apply from 21 March 2022, and we would encourage affected organisations to review their data transfer processes now ...

When disputes arise between family members, there is often much more at stake than money. Common grounds for family disputes We regularly deal with disputes between family members in relation to Wills, Powers of Attorney, and the administration of the estates of deceased individuals. Often these include challenges to the validity and terms of a Will, either because it is alleged that the signature has been forged or that undue pressure was placed on a person to change the terms of a Will ...

In a statement to Parliament on 14 December 2021, John Swinney, the Deputy First Minister, confirmed the appointment of Court of Session judge Lady Poole as the chair of the Scottish inquiry into the COVID-19 pandemic. The Scottish Government also announced the terms of reference for the public inquiry on the same date, with the inquiry investigating the period between 1 January 2020 and 31 December 2022. You can read the full ministerial statement here ...

Due to emergence of the Omicrom variant, the new year brought with it some now familiar guidance: the government asked workers to avoid the office and to work from home where possible. In anticipation of returning to the office in early 2022, the Health and Safety Executive (the HSE) and the Scottish Government have issued guidance emphasising the importance of good ventilation and the role that plays,alongside other measures, in helping to reduce the spread of COVID-19 ...

From 6 April 2022, the way right to work checks are conducted is changing. Virtual or “adjusted” right to work checks will no longer be acceptable Virtual checks were only ever intended as a temporary concession because of the pandemic. While they have been repeatedly extended throughout the pandemic, the Home Office is adamant that they will end once and for all, with 5 April 2022 being the final date on which they can be validly conducted ...

  In May 2021, the UK Government commissioned an independent, fan-led review of football governance in England following three “crisis events”. The report has thus far received a varied reception. Some have welcomed its recommendations, and believe that they will bring about much needed reform of the current model of football governance ...

 I have recently been advising a farmer in relation to an appeal against a department penalty imposed for an alleged breach of GAEC (Good Agricultural Environmental Conditions). These are the conditions farmers claiming agricultural support payments must comply with, and which are designed to safeguard soils, habitats and landscape features on agricultural land. A breach of GAEC can lead to financial penalties being imposed on the farmer ...

The Court of Session has considered whether court proceedings can be raised to interrupt time bar, despite a contractual provision requiring adjudication before litigation.   The issue Construction contracts often provide a hierarchy of dispute resolution processes. Before a party is permitted to litigate (or arbitrate), it is often required to attempt to resolve the dispute through another method (or methods) of dispute resolution ...

The recent case of John Doyle Construction (JDC) v Erith Contractors Limited provides two lessons for the construction sector concerning the enforcement of adjudicators’ decisions by companies in liquidation. First, “clear, evidenced, and unequivocal security” is necessary before enforcement is possible. Second, where a solvent and paying party asserts set-off and counter-claims, enforcement is prohibited in most circumstances ...

Certain claims in contentious executry matters, such as challenging a will, must be made within a specific time period. Where a dispute arises, seeking legal advice about the relevant time period at the earliest opportunity is of fundamental importance.  In Scots law, the loss of a claim due to the passage of time is known as prescription and is presently governed by the Prescription and Limitation (Scotland) Act 1973 ...

The Rating (Coronavirus) and Directors Disqualification (Dissolved Companies) Act 2021 received Royal Assent on 15 December 2021.  The Act implements changes to the Company Directors Disqualification Act 1986 (the CDDA). Importantly, it will allow the Insolvency Service to investigate the conduct of directors of dissolved companies.  What is the current position? The CDDA allows the Insolvency Service to investigate the conduct of directors of insolvent companies ...

 How will the UK become a Net Zero-aligned Financial Centre? Last month, the UK Government announced that the UK was to be the world’s first Net Zero-aligned Financial Centre. The Institute for Government defines “net zero” as “a balance between the amount of greenhouse gas emissions produced and the amount removed from the atmosphere” ...

It makes for great entertainment if a competition comes down to the last few minutes. So a dramatic final race in Abu Dhabi should have been the finishing flourish for a Formula One season that has been one of the closest in years, with Sir Lewis Hamilton and Max Verstappen fighting it out for the championship. Instead, the last lap generated huge controversy after a decision by the Race Director to allow some cars to unlap themselves, and order the safety car in immediately ...

Shepherd and Wedderburn LLP | December 2021

  The decision in R. (on the application of Palmer) v Northern Derbyshire Magistrates’ Court has confirmed that an administrator can be prosecuted and potentially incur personal liability for a failure to notify the Insolvency Service of proposed collective redundancies ...

Shepherd and Wedderburn LLP | December 2021

 This article reports on a judgment of the High Court in relation to a dispute between a Saudi-based company, Selevision Saudi Co (SSC), and a Qatari-based company, Bein Media Group LLC (BMG), both of which operate in the broadcasting sector. This judgment clarified the effect of Civil Procedure Rule (CPR) 62.18 and the extent to which it imported the provisions of CPR 8 into an action to enforce an arbitral award made in a foreign jurisdiction ...

Shepherd and Wedderburn LLP | November 2021

  The UK Government’s consultation on mandatory climate-related disclosures As the old saying goes – ‘knowledge is power’, and businesses caught in the net of proposed mandatory climate-related disclosures will need to empower themselves quickly in order to get up to speed by the proposed April 2022 rollout ...

Shepherd and Wedderburn LLP | November 2021

  The issue of online court hearings, and many other types of dispute resolution processes, has been a hot topic over the last few months as restrictions have eased and court users try to figure out what the new normal is, or should be. The Scottish Civil Justice Council has just closed a consultation that seeks views on proposed new rules covering the most appropriate mode of attendance at civil court hearings in the Court of Session and in the Sheriff Courts in Scotland ...

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