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Brodies LLP

15 ATHOLL CRESCENT, EDINBURGH, EH3 8HA, SCOTLAND
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Work 0131 228 3777
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ED10 EDINBURGH-1
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IHL Legal Briefings

If your firm wishes to publish IHL Legal Briefings or articles, please contact Antony Dine on +44 (0) 207 396 9315 or antony.dine@legalease.co.uk

Protecting your brand Ė the Scottish option

May 2019. By Brodies and Andrew McWhirter

A brand is one of the most important and valuable assets of any business. It attracts customers to that business or product line, acts as an indicator of trustworthiness or quality, and ultimately is a key touch point for creating customer experiences and loyalty. Any damage to that brand, through copycat products or association with another discredited brand, advertiser or social media influencer, could have a significant negative impact on customer behaviour and, if not dealt with swiftly, could ultimately devalue the brand. That is why it is crucial to choose the right strategy to protect your brand. [Continue Reading]

Technology developments: data to remain in the driving seat in 2019

January 2019. By Brodies and Martin Sloan

2018 was the year when data protection law seemed to be at the heart of many big news stories. The General Data Protection Regulation (GDPR) came into force in May, gathering lots of attention in the media, as organisations worked out what they needed to do to prepare. We have also seen the revelations in relation to Cambridge Analytica and Facebook and use of personal data in political campaigning, as well as major cyber attacks on the likes of Carphone Warehouse and British Airways, to name but a few. [Continue Reading]

Speed of thought and action Ė the key to dispute resolution

October 2018. By Brodies and Stephen Goldie

It may surprise some that raising and running court actions to a conclusion before a judge is only part of the overall picture in most large dispute teams. Dispute resolution is an area which covers many topics ¬Ė at Brodies alone, more than 130 people work on delivering solutions for a diverse client base. [Continue Reading]

The big picture Ė the key economic factors and what they mean for investment and risk

July 2018. By Brodies and Bruce Stephen

Speaking to clients, in-house general counsel and those in industry, while all are concerned about the deal that may be struck around Brexit, many have to deal with other uncertainties existing in the current market. The exit negotiations of the UK from the EU are still subject to many turns before, and arguably if, any deal is progressed by March 2019 and that has important implications for key Scottish industries such as financial services, manufacturing, agriculture, fisheries and more widely, the marine and food and drink sectors. [Continue Reading]

Dealing with residential tenancies in Scotland

February 2018. By Brodies

Dealing with residential tenancies has taken on a new meaning in Scotland. On 1 December 2017, the private residential tenancy (PRT) became the new residential tenancy for Scotland and, from 31 January 2018, letting agents of residential dwellings have to comply with a new code of practice and apply to be registered in the mandatory Register of Letting Agents. [Continue Reading]

Managing the cyber crime curse

December 2017. By Brodies, Paul Marshall, and Ramsay Hall

Today, it is a question of when and not if a cyber security breach will occur in your business. Every organisation needs to be aware of the risks and how to react when a breach occurs. [Continue Reading]

Unitary patents Ė more than 40 years to make and a Brexit to break?

September 2017. By Brodies and Gill Grassie

Hailed as representing the first-ever truly pan-EU patent system set to come into being later this year, the future of the new Unitary Patent Court (the UPC) has been thrown into doubt. [Continue Reading]

All change in Scottish Civil Litigation Funding?

July 2017. By Brodies and Kate Donachie

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]

Scottish fintech and VC funds: so much promise, so many pitfalls

May 2017. By Brodies and Andrew Akintewe

While fintech has generated a lot of attention in recent years, it is not actually new. From ATMs to contactless payments, technology has been influencing the financial sector and the way we interact with money for decades. So why the recent surge of interest and what has Scotland got to do with it? [Continue Reading]

Service failure? The law on notices and its application in recent Scottish cases

November 2016. By Brodies and Monica Ross

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]

Brexit: so many angles north of the border

October 2016. By Brodies and Bruce Stephen

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 ¬Ė here we take a look at a few of these. [Continue Reading]

Top Ten Tips for Dilapidations

October 2016. By Brodies

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]

Self-reporting of corporate bribery: know your prosecutor, be proactive and have a story to tell

September 2016. By Brodies, Paul Marshall, and Stephen Wright

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]

Brexit and dispute resolution Ė intra-UK and in the European Union

August 2016. By Brodies, Robert Buchan, and Charles Livingstone

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]

Energy storage Ė the answer to the UKís power trilemma?

June 2016. By Brodies and Keith Patterson

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 ¬Ďtrilemma¬í 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]

A time of change for Scotlandís constitution

June 2016. By Brodies, Charles Livingstone, and Christine O'Neil

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]

Energy Performace Regulations Ė what you need to know if you operate in both Scotland and England

May 2016. By Brodies and Phil Hunter

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]

Execution of documents under Scots Law

March 2016. By Brodies and Karen Fountain

For those dealing with transactions and businesses in Scotland it is important to remember that Scots Law differs from English Law in a number of respects, and one of area of difference which has, in the past, caused much gnashing of teeth (particularly during late night closing processes) is the law around the requirements for the execution of documents. [Continue Reading]

Spoilt for choice? Selecting the correct UK court for IP, media and technology disputes

March 2016. By Brodies and Gill Grassie

When a business has a dispute, it is important for it to properly evaluate its options in terms in how best to resolve the matter on a commercial basis. This should involve a review of any relevant contract(s) giving rise to the issues in dispute for any applicable choice of law and jurisdiction provisions, as well as provision for any alternative methods of dispute resolution. Some examples of the latter can be formal negotiation, formal or informal mediation or arbitration, as well as expert referral. The existence and the content of provisions like this in any such contract(s) will clearly affect the appropriate mechanics and procedure to adopt, as well as possibly (if proceedings are needed) constrain, the ability to forum shop between different courts and different jurisdictions. [Continue Reading]

Devolution of Scottish employment tribunals

December 2015. By Brodies and Brian Campbell

On 1 September this year, as part ?of her ¬ĎProgramme for Scotland¬í speech outlining proposed legislation in the Scottish parliament, the First Minister Nicola Sturgeon outlined a number of measures that the Scottish Government hopes will ¬Ďplace a strong ¬Ė and growing ¬Ė emphasis on fair work¬í. Principally among these was a commitment to abolish employment tribunal fees as soon as the powers become available. Unsurprisingly, the announcement made headlines within the HR community and further afield.? [Continue Reading]

The winds ?of change to ?our courts are upon us

November 2015. By Brodies and Douglas McGregor

The latest figures concerning the use of our Scottish court system have been published. While they may appear unremarkable at first glance ¬Ė in that the number of cases initiated in Scottish courts is almost identical to last year¬ís ¬Ė the figures do represent a minor triumph for the court system in that the seemingly inexorable decline appears to have halted. In 2013/14, there were 77,345 cases initiated in all courts in Scotland. The figure for 2012/13 was 77,453. During the same period, the number of Sheriff Court actions has increased by just one case, from 72,510 to 72,511.? [Continue Reading]

Certainties in lifeÖ reform to Scottish succession ?law rules?

October 2015. By Brodies and Nicola Neal

In last month¬ís edition of The In-House Lawyer , Alan Eccles mentioned impending changes to Scottish succession law in his article that considered a number of ¬Ďprivate client¬í legal matters for those working in financial institutions and private or family businesses. The Scottish Government recently introduced the Succession (Scotland) Bill (the Bill) into the Scottish Parliament in an attempt to make the law of succession ¬Ďup to date, fairer, clearer and more consistent¬í. ? [Continue Reading]

This time itís personal

September 2015. By Brodies and Alan Eccles

In certain organisations, ¬Ďprivate client¬í legal matters will raise important issues for lawyers and others who make decisions within their organisations, and are tasked with maintaining good governance of the organisation. The former generally arises in organisations that deal with financial matters for their clients; the latter where the business is family or owner-managed, as well as where there are trusts or charities involved in the ownership structure. Both situations bring ¬Ďprivate client¬í legal matters squarely into the commercial and business setting in a potentially fundamental way. [Continue Reading]

Legal Developments by:
Brodies LLP

  • Scottish planning obligations: modification and discharge ‚Äď the story so far‚Ä©

    Planning obligations 1 (formerly agreements), which restrict or regulate the use or development of land, perform a crucial function within the planning system. In Scotland in particular, where the community infrastructure levy has not been adopted, the planning obligation continues to be the primary mechanism for the delivery of much needed local and regional infrastructure through developer contributions, often involving very significant sums. ‚Ä©
    - Brodies LLP

Legal Developments in the UK

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • Court of Justice rules on source of income for Derivative Residence applications

    On 2 October 2019, the Court of Justice delivered its judgment in Bajratari v Secretary of State for the Home Department (Directive 2004/38/EC) Case C-93/18 which concerns Chen applications and the source of funds for self-sufficiency. 
  • End of the ‚Äėcentre of life test‚Äô in Surinder Singh cases?

    In the recent case of¬† ZA (Reg 9. EEA Regs; abuse of rights) Afghanistan ¬† [2019] UKUT 281 (IAC ), the Upper Tribunal found that there is no basis in EU law for the centre of life test, as set out in Regulation 9(3)(a) of the Immigration (European Economic Area) Regulations 2016 (the ‚ÄúRegulations‚ÄĚ). It further found that it is not to be applied when Judges assess ¬†Surinder Singh ¬†cases that appear before them.
  • Terms of employment as a sole representative

    In this article we examine the working arrangements of sole representatives, looking at the terms and conditions of employment that the Home Office will expect a sole representative to have in order to qualify as a representative of an overseas business.  
  • Can Sole Representatives Be Shareholders?

    The Immigration Rules require that an applicant for a¬† sole representative visa ¬†is not ‚Äúa¬† majority shareholder in the overseas business‚ÄĚ.
  • Immigration Skills Charge - A Guide for Employers

    As a Sponsor, you may be required to pay the Immigration Skills Charge (ISC) each time you sponsor a migrant in the  Tier 2 General  or  Intra-Company Transfer (ICT) Long-term Staff  subcategory.
  • 5 FAQS about paragraph 320(11)

    In applications for entry clearance where the applicant has a negative immigration history in the UK, the application may be refused under the general grounds for refusal, which are found in part 9 of the Immigration Rules. Where an applicant has ¬†‚Äėpreviously contrived in a significant way to frustrate the intentions of the Immigration Rules‚Äô,¬† the application could be refused under paragraph 320(11). In this post we look at five frequently asked questions about paragraph 320(11).¬†
  • Multiple nationality and multiple citizenship (including dual nationality and dual citizenship)

    British nationality law permits multiple nationality and multiple citizenship, including dual nationality and dual citizenship.
  • Applying for Indefinite Leave to Remain in the Exceptional Talent or Promise Category

    The  Exceptional Talent  and Exceptional Promise categories are for individuals who are recognised leaders or emerging leaders in their field of expertise. There are a number of endorsing bodies for lots of different fields of work, including  artists and musicians ,  architects ,  digital experts ,  scientists  and  academics . While there isn’t an endorsing body for every expert, the growing list means that many individuals could enjoy the flexibility that this category has to offer. 
  • PARALLEL PROCEEDINGS ‚Äď CIVIL AND CRIMINAL

    Syedur Rahmanconsiders the factors that determine when civil proceedings can go ahead before,or at the same time as, criminal proceedings relating to the same circumstances.
  • Rights of appeal after the Immigration Act 2014

    The Immigration Act 2014 (‚Äúthe 2014 Act‚ÄĚ) reduced the circumstances in which the refusal of an immigration application will give rise to a right of appeal.¬†The¬† explanatory notes ¬†to the 2014 Act state that the Act was intended to restructure rights of appeal to the Immigration Tribunal. Previously, a right of appeal to the Immigration Tribunal existed against any of the 14 different immigration decisions listed in s.82 of the¬† Nationality, Immigration and Asylum Act 2002 ¬†(‚Äúthe 2002 Act‚ÄĚ). As explained below, whether or not the refusal of an immigration application currently generates a right of appeal depends on the subject matter of the application rather than its categorisation.