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  • Article

    Beavers Remain In Firing Line Despite Decision To Revoke Killing Licences

    Trees for Life, with the help of a crowdfunding exercise, raised proceedings in the Court of Session for judicial review of the decisions to grant those licences.
    United KingdomLitigation, Mediation & Arbitration
    Shepherd and Wedderburn
    Shepherd and Wedderburn
  • Article

    Consultation On Remote Hearings

    John MacKenzie discusses the issue of online court hearings, and why these should not be the default approach going forward.
    United KingdomLitigation, Mediation & Arbitration
    Shepherd and Wedderburn
    Shepherd and Wedderburn
  • Article

    Court Mandates Compulsory Mediation Despite No Contractual Obligation To Do So

    The High Court in England's recent decision in DKH Retail Ltd v City Football Group Ltd [2024] EWHC 3221 (Ch) suggested a change of attitude towards mandating compulsory mediation during judicial proceedings.
    United KingdomLitigation, Mediation & Arbitration
    Shepherd and Wedderburn
    Shepherd and Wedderburn
  • Article

    Legal Time-Bar For Latent Damages Claims - Changes To The Discoverability Test Under Scots Law

    Prescription is the legal rule in Scotland that prevents a person from pursing their legal rights to a claim after a certain time period has elapsed (the equivalent in England is limitation).
    United KingdomLitigation, Mediation & Arbitration
    Shepherd and Wedderburn
    Shepherd and Wedderburn
  • Article

    Litigation Funding And Access To Justice

    Statistics from the Ministry of Justice demonstrate that between 2005 and 2018, government expenditure on legal aid
    United KingdomLitigation, Mediation & Arbitration
    Shepherd and Wedderburn
    Shepherd and Wedderburn
  • Article

    Managing The Risks Of Open Water Swimming

    Rural landowners face complex legal questions when wild swimmers use their lochs, rivers and reservoirs. With water-related fatalities rising and participation surging, understanding occupier liability duties has become essential for estates, farms and rural businesses managing open water access.
    United KingdomLitigation, Mediation & Arbitration
    Shepherd and Wedderburn
    Shepherd and Wedderburn
  • Article

    Owner-Managed Businesses: How To Prepare When Disputes Arise

    In owner-managed businesses, the lines between the commercial and the personal can often become blurred, particularly where family members are involved in running the business.
    United KingdomLitigation, Mediation & Arbitration
    Shepherd and Wedderburn
    Shepherd and Wedderburn
  • Article

    LGBT+ History Month – Art: Behind The Lens

    Robinson was born in Chicago, Illinois and majored in theatre at Brown University before receiving a Master of Fine Arts from New York University. Now, Robinson is a director...
    United KingdomMedia, Telecoms, IT, Entertainment
    Shepherd and Wedderburn
    Shepherd and Wedderburn
  • Article

    Health And Safety For Organisers Of Sports Events

    The recent Winter Olympic Games and the conclusion of the Six Nations rugby were just two of many sporting events, large and small,
    United KingdomMedia, Telecoms, IT, Entertainment
    Shepherd and Wedderburn
    Shepherd and Wedderburn
  • Article

    Taylor's Version – Why Is Taylor Swift Re-Recording All Of Her Old Albums?

    Following her departure from Big Machine Records in 2018, Taylor Swift wanted to buy back the copyright in the master recordings of her albums.
    United KingdomMedia, Telecoms, IT, Entertainment
    Shepherd and Wedderburn
    Shepherd and Wedderburn
  • Article

    The Metaverse Series - Part 3 - Brand Considerations In The Metaverse

    The metaverse offers businesses an invaluable opportunity for advertising. While the technology is still developing, several big brands have already seized...
    United KingdomMedia, Telecoms, IT, Entertainment
    Shepherd and Wedderburn
    Shepherd and Wedderburn
  • Article

    Balancing Agricultural And Sporting Interests: Proposed Reform To Scottish Agricultural Tenancy Law

    The Land Reform (Scotland) Bill 2024 proposes expanded compensation rights for agricultural tenants impacted by game damage. It balances landlords' sporting rights with tenants' farming activities, potentially improving tenant protections and reducing conflicts.
    United KingdomReal Estate and Construction
    Shepherd and Wedderburn
    Shepherd and Wedderburn
  • Article

    Challenging Adjudicator's Decisions And Imprecise Drafting: Lessons Learned From The Court Of Session

    Iain Drummond analyses Lord Sandison's recent opinion in Atalian Servest AMK Limited v BW (Electrical Contractors) Limited. This Outer House of the Court of Session case outlines the difficulty...
    United KingdomReal Estate and Construction
    Shepherd and Wedderburn
    Shepherd and Wedderburn
  • Article

    Collateral Warranty Held Not To Be A Construction Contract – Clarity Provided By The Supreme Court

    The Supreme Court ruled that traditional collateral warranties are not construction contracts under the Housing Grants (Construction and Regeneration) Act 1996, thus excluding them from the Act's payment and adjudication provisions. Collateral warranties must contain distinct construction obligations to qualify as construction contracts.
    United KingdomReal Estate and Construction
    Shepherd and Wedderburn
    Shepherd and Wedderburn
  • Article

    Ending A Lease In The Absence Of Formal Notice: Tacit Relocation Revisited

    It is a well-known principle of Scots law that where neither party to a lease serves a termination notice (a ‘notice to quit') timeously prior to the expiry of the agreed duration...
    United KingdomReal Estate and Construction
    Shepherd and Wedderburn
    Shepherd and Wedderburn
  • Article

    Is Varying A Title Condition To Allow A Care Home To Operate From A Residential Property In The Public Interest?

    Stephanie Hepburn and Chloe Imrie discuss the factors taken into account by the Lands Tribunal when considering an application to vary title conditions in the recent case of Inspire Scotland CC Ltd v Wilson.
    United KingdomReal Estate and Construction
    Shepherd and Wedderburn
    Shepherd and Wedderburn
  • Article

    Purchasing Property In Scotland During COVID-19

    The early stages of the COVID-19 pandemic essentially halted the Scottish residential property market for the first time in living memory
    United KingdomReal Estate and Construction
    Shepherd and Wedderburn
    Shepherd and Wedderburn
  • Article

    Scottish Government Issue Update To Short-Term Lets Licensing Scheme (August 2024)

    The Scottish Government's updated short-term lets legislation, effective August 30, 2024, introduces caps on exemptions, facilitates licence transfers, allows provisional licences during construction, mandates additional safety information, and includes technical updates impacting new and existing operators.
    United KingdomReal Estate and Construction
    Shepherd and Wedderburn
    Shepherd and Wedderburn
  • Article

    Stormy Days In The Rural Sector

    The weather has certainly not played ball, causing widespread challenges and long delays in harvest being completed. But it's not only the rain and wind causing the storm.
    United KingdomReal Estate and Construction
    Shepherd and Wedderburn
    Shepherd and Wedderburn
  • Article

    The Changing Face Of Licensed Premises

    A recent decision by the City of Edinburgh Licensing Board in connection with the premises licence application of WeWork Community Workspace ...
    United KingdomReal Estate and Construction
    Shepherd and Wedderburn
    Shepherd and Wedderburn

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