We produce industry briefings across a wide range of sectors. These are designed to cover current issues and important changes in legislation. Use the search facility to identify relevant briefings.
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30/01/2012
John Hyde, Partner, discusses what you need to know about green leases.
25/01/2012
Has the Government's lost appeal over proposed cuts to subsidies for Solar PV installations finally drawn a conclusion to the ongoing FiTs saga?
23/01/2012
Pending the outcome of legal proceedings relating to the Government’s Comprehensive Review Phase 1: Consultation on Feed-in Tariffs (FiT) for solar PV, DECC recently published a response in an attempt to provide some clarity to the industry.
13/01/2012
Are you compliant? Failure to comply with a requirement of the trading disclosure regulations constitutes a criminal offence and renders the company and every officer who is in default liable to a fine.
12/01/2012
The Scottish Government is currently consulting on new regulations to improve the energy performance of older commercial buildings in order to comply with their obligations under S63 of the Climate Change (Scotland) Act 2009.
11/01/2012
In this month's Real Power magazine, Bill Fowler, Head of Renewables, looks at why Scotland should be an attractive location for wave and tide projects.
09/01/2012
2012 may be the year in which wastes and residues really begin to play a role in the delivery of more sustainable transport fuels in the UK.
06/01/2012
In terms of the Localism Act, Lisa Tye outlines the changes likely to be seen in the waste and resources sector.
04/01/2012
Head of Banking, Alex Innes, explains the complexities behind Letters of Comfort and why care should always be taken.
23/12/2011
The controversy surrounding the latest FiTs solar PV consultation has increased this week with two important developments.
22/12/2011
It has been announced that the Information Commissioner's Office (ICO) has issued its largest fine since it received the power to impose financial penalties in April 2010.
21/12/2011
The Chancellor’s Autumn Statement has been followed up by the publication of further information and draft legislation for the Finance Bill 2012. Read a summary of the main tax points affecting property businesses.
20/12/2011
Neighbours often disagree on things, however, matters can become fraught when there is a dispute over access rights. In Scotland it is possible to acquire a servitude right (or easement) by use for 20 years or more.
16/12/2011
Sarah Baillie discusses the potential impact of the climate changes duties imposed on planning authorities in Scotland.
14/12/2011
In the heat of commercial negotiations and in order to get the deal done, one party could be tempted to offer assurances about being prepared to amend a contract later, if the thing which is making the other party reluctant to commit does occur. But these can often be forgotten at a later date.
13/12/2011
Recent weeks have seen the solar PV sector in uproar over Government proposals to further cut support for small-scale solar PV, under the Feed-in Tariff (FiT) regime.
12/12/2011
The Government wants to overhaul the planning system and streamline existing policy guidance into one short, user-friendly document – the National Planning Policy Framework, which will present a window of opportunity for developers.
09/12/2011
Increasingly, the principle of "bad bargains" in property contracts is being eroded, with a recent case giving effect to what was described as the "unspoken intention".
28/11/2011
A recent case reinforced the current line being taken by the courts (both in England and Scotland) when deciding on ambiguities in contracts. They are using a common sense approach, consistent with the commercial purpose of the contract and the presumed intention of the parties.
22/11/2011
The demolition of most non-domestic buildings was previously excluded from the legal definition of development – planning permission was therefore not required. However, planning law in Scotland changed in July 2011.
16/11/2011
Any organisation which is a participant in the Carbon Reduction Commitment Energy Efficiency Scheme will be interested in the first annual Performance League Table which was published earlier this month by the Environment Agency.
14/11/2011
A new RICS Code of Practice has been published, entitled "Service Charges in Commercial Property". It came into effect across the UK on 1 October 2011. The Code is intended to promote best practice in relation to service charges in commercial properties.
11/11/2011
The Office of Fair Trading’s review of sewage sludge treatment in England and Wales has concluded that greater competition between water companies and waste companies could lead to significant efficiency savings and better promote the generation of renewable energy from organic wastes.
09/11/2011
I'm considering buying an investment property – should I buy the property or the company that owns it?
07/11/2011
A recent decision confirmed that a company that was subject to a share pledge was no longer deemed to be a subsidiary of another company. This is an important decision as it is unlikely that this was anticipated when the share pledge was granted.
21/10/2011
Energy from waste (EfW) is one of the areas where there remain real issues with raising project finance, so is it the case that the banks/investors are simply afraid of the unknown?
18/10/2011
Since 2006, private landlords of residential property in Scotland (including student housing and properties let to key workers and young professionals) are required to register with the relevant local authority(ies).
14/10/2011
Fiona Ross, Solicitor, delves deeper into the renewable heat incentive and invokes the spirit of Elvis in a call for action.
11/10/2011
Ofgem has published a consultation on the interpretation of “generating equipment” to clarify the exclusion from the Feed-in Tariff of renewables installations using reused or refurbished equipment.
10/10/2011
Long awaited changes in the Construction Act finally came into force in England on 1 October 2011 and will apply from 1 November 2011 in Scotland. The changes will mean everyone in the industry will have to review and amend their construction contracts to bring them in line with the new legislation.
06/10/2011
Since the introduction of significantly lower FiTs for large scale solar PV projects, there has been a perceived loophole which allows developers to receive the pre-August higher tariff. A recent Government decision has now modified DECC's proposal and the loophole will now be closed. This will come into effect on 18 October 2011.
29/09/2011
The good news for tenants is that a sluggish economy has led to a shift in the balance of power between landlords and tenants. This means that in the current property market, landlords may be willing to offer attractive incentives to encourage tenants to take leases.
20/09/2011
Our business lease is due to end within the next year – what should we consider?
12/09/2011
A reminder that the date on which sewers and lateral drains in private ownership in England and Wales will automatically transfer to the sewerage companies is fast approaching – and the clock is ticking for appeals.
07/09/2011
Satisfaction of the legal end of waste test as laid down by the Court of Appeal has led to a degree of investment certainty and has lead to significant developments in the quality of the processing of waste oils into quality fuels.
01/09/2011
The conventional answer to this question is an emphatic no, a position that has recently been affirmed by the Court of Appeal in Costello v Macdonald.
31/08/2011
Defra's Waste Policy Review, announced last month, was largely heralded as unambitious, falling well short of the step change in waste policy that would be needed to really advance the "zero waste" agenda.
26/08/2011
The British Property Federation’s latest Annual Lease Review summarises new developments and current trends in commercial leases.
24/08/2011
The FIT (Feed In Tariff) scheme could offer good returns for property owners on small-scale installations.
12/08/2011
47% of the UK’s carbon emissions come from buildings, so the move to a low carbon economy won’t come from large scale renewable projects alone. Small scale power generation at existing business premises, the unused portion of which can be fed into the national grid, can cut carbon dioxide emissions, save energy and transform the built environment.
11/08/2011
The Scottish Government has published Circular 4/2011, the result of which is that the demolition of any building will be development for the purposes of the Town and Country Planning (Scotland) Act 1997.
08/08/2011
A performance bond is often viewed as a standard contract, but recent cases illustrate that the bond, and the provisions that govern it, need to be very carefully negotiated.
27/07/2011
Footprint reports and annual reports for the CRC Energy Efficiency Scheme must be submitted by 29 July 2011, or companies will face hefty penalties.
22/07/2011
Details of the Coalition's notion of the Green Investment Bank are finally beginning to emerge, with waste being highlighted as a key area likely to benefit.
19/07/2011
HMRC have recently published a consultation document seeking views on proposed changes to the Capital Allowances rules on fixtures. The proposals would remove much of the tax planning opportunity from sales of buildings, and impose a tax cost on some vendors.
12/07/2011
In this month's NW Business Insider, Lisa Tye discusses the implications a recent case will have on carrying out demolition works.
01/07/2011
Defra has launched a consultation seeking views on whether mandatory GHG emissions reporting should be introduced and if so what format this should take.
29/06/2011
John Hyde, Commercial Property Partner in our Manchester office, considers the issues.
28/06/2011
The report seeks to simplify, modernise and enhance the existing law, which is "unnecessarily complex and inconsistent and fails to meet the needs of the modern property market".
27/06/2011
A recent case has helped to clarify the balance of interests in nuisance cases dealing with permitted operations.
22/06/2011
Alex Innes, Partner, continues to look at how banks can manage the risk of lending.
20/06/2011
Elspeth Carson, Partner, considers the key things to think about.
14/06/2011
Simon Wallwork, Partner, discusses the points to consider when buying a business.
27/05/2011
Scott Kerr, Partner, examines a change in the law that will affect almost every company’s website.
26/05/2011
It is widely accepted that the Budget was hardly the "greenest ever", but it did contain some important measures designed to set us down the path to a low carbon "green" economy.
17/05/2011
The SNP’s manifesto considered that Scotland is on a journey and the path ahead is a bright one. However in order for the property industry to play a key role in the SNP’s ambition to keep Scotland moving forward, what challenges does the new Scottish Government face?
10/05/2011
Sarah Baillie picks out some small legislative changes that the re-elected Scottish Government could make to the planning system in order to kick-start development and the economy
05/05/2011
As at the end of February 2011, The Scotland Bill was still going through the UK Parliament, however it envisages a number of tax changes.
27/04/2011
A recent Supreme Court ruling calls into question procedures often adopted by secured lenders in repossession proceedings.
18/04/2011
2011 has so far been marked by significant uncertainty for investors in energy from waste, as the electricity market undergoes widespread reform to support renewable and low carbon electricity and heat.
06/04/2011
The near meltdown of reactors at the Fukushima nuclear power station in Japan has re-fuelled the renewables vs nuclear debate, bringing the complex economics of low-carbon energy generation back to the fore. We take a look at the impact of the disaster on the cost of nuclear energy generation, and question what this could mean for the renewables sector.
30/03/2011
The Long Leases (Scotland) Bill was introduced to the Scottish Parliament in November 2010. If it becomes law, some tenants’ rights will automatically be converted to ownership.
21/03/2011
The European Commission is consulting on EU-wide criteria for inspections of waste shipments from European sea-ports, as it seeks to address suspicions of illegal waste exports into Africa and Asia.
03/03/2011
As new legislation takes effect, businesses providing credit to consumers will need to take a very close look at the small print to ensure compliance.
25/02/2011
The first conviction for corporate manslaughter has just been brought under the Corporate Manslaughter and Corporate Homicide Act 2007.
23/02/2011
A look at some of the issues that property owners and developers should bear in mind when considering both ground and roof mounted solar PV panels which offer attractive tariffs via the Feed-in Tariff scheme.
18/02/2011
Recent decisions by the DECC concerning their proposals for electricity market reform have come under scrutiny.
16/02/2011
The Department of Energy and Climate Change (DECC) has announced that they are launching a wholesale review of Feed-in Tariffs (FITs) to provide investment certainty.
11/02/2011
A recent judgement from the Supreme Court has clarified the meaning of "disturbance" of protected species under the Habitats Directive, setting a different test than that set by the Court of Appeal in 2010.
09/02/2011
From 6 April 2011, competition law will apply to any land agreement which may have an appreciable restricting or distorting effect on trade in any part of the UK. We have produced a briefing note highlighting the key aspects of the draft guidance, which contains useful information as to how the OFT intend to apply the Competition Act 1998.
03/02/2011
The release of official guidance on the Bribery Act 2010 has been postponed, thus delaying the Act’s final implementation.
02/02/2011
The Court of Appeal ruled early in 2010 on when a party is deemed to be an operator under the Control of Major Accident Hazards Regulations 1999 (COMAH).
28/01/2011
A quick guide to the Equality Act 2010.
26/01/2011
The government's Localism Bill proposals could create a new, less accountable level of planning bureaucracy that waste infrastructure proposals will have to overcome.
11/01/2011
Scotland has always been recognised as a leader in the field of stem cell research and regenerative medicine, however Scotland is now ideally placed to showcase its talents within the stem cell research community.
10/01/2011
A new Bribery Act is due to come into force in April 2011 – meaning the UK property industry is likely to come under renewed scrutiny in respect of practices which many will have assumed are simply part and parcel of the industry’s “rough and tumble”.
05/01/2011
Once the preserve of acquisition and turnaround funding, as property values remain depressed, more and more businesses are turning to Asset Based Lending to supplement their general working capital.
16/12/2010
What will the Spending Review mean for the Waste and Renewable Energy industries?
14/12/2010
This article seeks to simplify the legal definition of waste to its essential legal framework, and thereby encourage operators to be more ambitious about developing their processes and products.
22/11/2010
Significant uncertainties remain over how the waste hierarchy will be formally entrenched into waste management law and practice, and what effect it will have.
02/11/2010
In the current climate facility letters and the related security documents are constantly under review, by both banks and borrowers.
28/10/2010
The Scottish Government has recently published a Consultation paper "Consultation on Amendments to the Modernised Planning System", seeking views in relation to proposed refinements and amendments to the planning system.
27/10/2010
The planning system in Scotland has undergone significant and substantial change as a result of the Planning Etc (Scotland) Act 2006.
25/10/2010
Competition law is the key thing to consider.
20/10/2010
DEFRA is consulting on amendments to the Environmental Permitting Regulations to further encourage anaerobic digestion.
30/09/2010
The key points to consider when leasing.
29/09/2010
The Environment Agency is now applying the same threshold that exists for virgin fuels to waste derived fuels, until such time that the EPR 2010 is amended to reflect this.
22/09/2010
The Equality Act 2010, a new legislative framework to protect the rights of individuals, is the single biggest piece of discrimination legislation created in the country. We have produced a briefing highlighting the key changes to be taken into consideration.
25/08/2010
A synoposis of the key issues in the new Industrial Emissions Directive.
19/08/2010
As asset values fall, banks increasingly rely on guarantees to support the security. But what are the pitfalls?
11/08/2010
After recent publicity that a comedian had "stolen" jokes and passed them off as his own, is it possible to claim copyright in a joke?
30/07/2010
There is provision in the Planning Act, which is not yet in force, that introduces the concept of Good Neighbour Agreements. However, what will they mean in practice for renewables projects?
29/07/2010
The Government intends to apply the full provisions of competition law to land agreements from April 2011.
26/07/2010
The Ministry of Justice has just announced the timescale for bringing the Bribery Act 2010 into force.
20/07/2010
The November 2010 deadline for full registration of substances under REACH, and the question of whether a recovered substance is "the same" as a registered substance, will be a major headache for many companies manufacturing recovered products from waste.
14/07/2010
The June 2010 Budget announced a number of measures for the environment, but has generally been hailed as disappointing. This article explains details of the measures that have been confirmed and those under consideration.
02/07/2010
A Briefing Note which addresses the key components of the link between REACH and end-of-waste, and offers practical tips on what needs to be done now.
01/07/2010
An assessment of the impact of Planning Obligations contained in the Planning etc (Scotland) Act 2006.
22/06/2010
The market remains undeniably short of credit – but if you’re looking to borrow, there are things you can do to improve your chances.
17/06/2010
A number of consultations have highlighted that no support is proposed for commercial-scale use of bioliquids under the new Feed-in Tariffs or Renewable Heat Incentive (RHI).
11/06/2010
Next April’s inclusion of land and lease agreements in competition legislation is likely to affect businesses and their banks.
12/05/2010
From 6 April 2011, the Competition Act regime will apply to any land agreement which may have an appreciable restricting or distorting effect on UK trade. We have produced a Briefing Note which addresses the key components of the Competition Act, looking specifically at the real estate sector.
11/05/2010
A VIMBO may offer an alternative route to sell the company where the market is crowded and valuations are affected by the lack of available credit to buyers.
A recent High Court has highlighted that companies who become involved in contaminated sites may not easily escape liability, even if they obeyed laws at the time they were working on the site
26/04/2010
If your organisation consumed more than 6,000 MWh electricity through half-hourly meters during 2008, it has to take part in the Scheme.
16/04/2010
What exactly does the phrase 'likely to cause contamination' mean?
Sharia compliant finance products are here to stay.
14/04/2010
Bribery Bill has now received its first reading in Parliament .
18/03/2010
Key issues to consider.
14/03/2010
Planning permission may be refused if the planning control regime does not adequately deal with the environmental impacts.
03/03/2010
A synopsis of the main features.
19/02/2010
Everyone is aware that credit is more difficult to obtain, as understandably, banks are diligently assessing the lending risk involved in connection with each borrower. Therefore, any products that potentially reduce the lending risk have to be welcomed.
12/02/2010
Practical tips on how the CRC will affect your organisation.
What will the CRC means for the property industry?
09/02/2010
Is the electricity used in the aluminium process a 'product of combustion'?
01/02/2010
Implications for businesses from exiting the recession.
29/01/2010
What you can expect.
28/01/2010
Intelligent application of the waste hierarchy is critical for energy from waste
21/12/2009
As banks and borrowers are keen to establish their negotiating position in connection with refinancing and/or the recovery of funds, banking documents and arrangements are being carefully examined.
18/12/2009
Industrial operators may be caught by the ELD and required to take remedial action.
25/11/2009
Key things to think about if your landlord becomes insolvent.
18/11/2009
A recent case gives guidance on landlords claims in a CVA.
17/11/2009
Innovation is required in waste treatment technologies.
12/11/2009
Using insolvency as a debt recovery tool.
05/11/2009
Should a debtor's family home be sold?
04/11/2009
A guide to the new EU Renewable Energy Directive.
29/10/2009
A court can interfere in matters involving foreign courts.
26/10/2009
The Bank of England’s Securities Lending and Repo Committee published its revised version of the Securities Borrowing and Lending Code of Guidance in July 2009.
22/10/2009
Timing is crucial with regard to court sanction of a proceedings raised by a liquidator.
19/10/2009
Tips for selling off business assets.
15/10/2009
How caution can affect insolvency practitioners.
14/10/2009
A valuable tool in achieving waste reduction and recycling targets.
08/10/2009
Should dividends still be paid out during the credit crunch?
22/09/2009
Introduction of the final tranche of changes to company law.
18/09/2009
Refreshing court decision on waste re-use.
10/09/2009
Independent review of huge bonuses paid to senior banking personnel.
31/08/2009
A new consultation paper focuses on providing better support to struggling companies.
25/08/2009
UK's plans to reduce greenhouse gas emissions
21/08/2009
Guarantees are becoming more common in the current lending environment. Here we consider provisions that should be included in a Guarantee to make it easier, and cheaper, to enforce.
19/08/2009
New environmental permitting regime came into force in July.
05/08/2009
What employment law issues need to be thought about if your distributor goes bust?
28/07/2009
Environment Agency's new enlightened approach to End-of-Waste
14/07/2009
Outcome of Chancery Division case to remove administrator from office to allow review of a Pre-Pack.
10/07/2009
Existing EA guidance suggests that only on-site reuse is permissible.
07/07/2009
Rule applies that a director cannot appear in Court on behalf of a company.
01/07/2009
Ignoring insolvency laws is a serious matter for directors.
18/06/2009
Court of Appeal backs Dutch courts' decision on mixed waste pellets
11/06/2009
The uncertainty among the banks has created very nervous borrowers, particularly those who are seeking to renew facilities in 2009. An emerging trend throughout the early part of this year has been a movement by borrowers who are worried about availability and pricing, to refinance existing syndicated loans by entering into arrangements known as “forward start” facilities.
Recent judgement offers welcome observations.
09/06/2009
The right to work long hours? - EHRC Investigation.
04/06/2009
New guidance following Kayley decision.
01/06/2009
Bay Trading proceeds to administration after credit insurance is withdrawn.
28/05/2009
A Community Interest registered against your property doesn’t always mean the end of the story.
19/05/2009
EA admitted doubts over IBA's classification as non-hazardous waste
13/05/2009
Decision on discrimination claim on "philosophical beliefs".
23/04/2009
The government has introduced a number of measures to try and stimulate business activity, mostly by attempting to deal with the lack of capital in the market. One of the measures is to make £1 billion available under the Enterprise Finance Guarantee scheme (“EFG”) which is designed to assist businesses that would otherwise have insufficient assets to offer as security for bank funding.
16/04/2009
Discretionary bonuses - a role for mediation?
If you are buying Scottish property, you won’t want to find that unexpected third party rights affect it.
15/04/2009
A new system for calculating penalties for incorrect tax returns came into force this month.
09/04/2009
New Animal By-Products Regulations - red-tape threat to UCO?
07/04/2009
Total faces claims in the regions of £750m.
30/03/2009
The Legal Meaning of 'Waste' in EU Law
23/03/2009
Breaches of the Data Protection Act.
17/03/2009
Environmental Liability Directive - implications for waste industry operators in England
Wildcat Strikes - a breach of contract?
12/03/2009
Health & Safety - raising Developer's awareness.
10/03/2009
Members can face prosecution for club commiting criminal offence.
27/02/2009
One of the consequences of the financial turmoil of 2008 will be an increase in the amount of regulation in the finance industry. One of the areas being scrutinised is retail banking, and the FSA is currently seeking comment on its consultation paper “Regulating Retail Banking Conduct of Business”.
18/02/2009
Biodegradable materials - waste or product?
16/02/2009
Scott Kerr on the territorial dispute over raising cash that has broken out between the SSPCA and the RSPCA.
10/02/2009
ISI Strategy for Scottish invertebrate conservation.
06/02/2009
Lloyds-HBoS merger trend likely to continue.
05/02/2009
Tightening environmental laws bring benefits.
03/02/2009
Scottish Government postpones review of planning obligations.
02/02/2009
EU now adopts its own strategy for dealing with shipping waste
As of 1st February 2009, failing to deliver your Annual Accounts can cost you more.
21/01/2009
Beware of fines with a further sting in the tail.
19/01/2009
Precautionary steps.
09/01/2009
Kirsteen Milne looks at the main changes to CDM.
07/01/2009
Despite the economic downturn, there was a flurry of acquisition activity in October, sparked by the abolition of the prohibition on financial assistance for a private company. A number of companies took advantage of the new regime and where possible, delayed deals until after 1 October to avoid having to undergo the full whitewash which was a costly and time consuming exercise.
19/12/2008
Further to our Sustainable Construction Conference last month there have been a couple of updates in relation to EPCs.
No transfer of employees in “pre-pack” administration sale.
09/12/2008
EA's position statement on energy from waste ignores potential renewables contribution
08/12/2008
In the construction industry, it has been common practice to include “right of substitution” and other standard clauses, so as to prevent employment rights arising, but is this effective?
01/12/2008
Ensure your T's & C's are fit for purpose in this economic climate.
26/11/2008
Additional returns and payments due as 5th anniversary approaches.
17/11/2008
Quality Protocol on anaerobic digestion of biodegradable waste
06/11/2008
As redundancies in the financial, property and construction sectors continue to mount up, a question we are often asked is whether redundancy payments are taxable.
27/10/2008
Landfill Mining
15/10/2008
Guidance at last.
08/10/2008
"In the current climate we need someone who'll hit the ground running. Can we stipulate 5yrs qualified experience?" Such a condition carries a real risk of indirect age discrimination.
06/10/2008
How banks can manage the risk of lending and preserve the value of their security.
29/09/2008
Ensure your company documents and website comply before 1 October 2008.
Changes under the Companies Act 2006.
10/09/2008
New case calls into question scope of insolvency test.
28/08/2008
Changes to the law on Directors with effect from 1 October 2008.
22/08/2008
A cross border security package usually provides that a borrower will grant an English law debenture creating a floating charge and also a fixed charge over English assets including land, book debts, plant and equipment and investments. In Scotland, the floating element will create effective security (so long as specifically applied to Scottish assets), but the fixed charge will not be enforceable in respect of the same assets and so lenders need to look elsewhere to obtain effective security.
20/08/2008
New Banking Reform Bill is drafted to improve the stability of the financial services industry.
18/08/2008
How can waste contribute to the Renewable Energy Strategy?
25/07/2008
End-of-Waste and REACH – out of the frying pan and into the fire?
23/07/2008
The credit crunch continues to affect the financial markets and many employers are deciding not to pay bonuses at the same level as in previous years, and frequently not at all. But just how discretionary is a discretionary bonus?
17/07/2008
Guidance to landowners and occupiers.
09/07/2008
Hearts propose a £12m reduction in debt.
08/07/2008
JPUTs can represent a significant saving for parties involved in the sale and purchase of properties.
03/07/2008
How does E-Procurement work?
30/06/2008
Alison Gow considers how to go about this.
18/06/2008
Tax reliefs for the property, construction and waste industries
17/06/2008
Scottish banks are increasingly being asked to lend to English borrowers and/or take security over English assets; sometimes in combination with Scottish borrowers and assets. Therefore, banks need to be aware of some of the problems that may exist in taking security over certain assets in cross border situations.
16/06/2008
Budweiser name comes under dispute.
12/06/2008
Comment on Waste Land Taxes
04/06/2008
Recent changes affecting the property industry.
03/06/2008
Next and Asda commence legal battle over infringement of clothing designs.
13/05/2008
Companies Act places additional notification provisions on companies.
11/05/2008
Mediation is tipped to play a much increased role in the resolution of workplace disputes once the Government’s proposals to replace the statutory dismissal and grievance procedures are announced.
08/05/2008
May 2008 was an important month for employment dispute resolution. The proposed reforms are now much clearer following publication of the draft ACAS Code of Practice on Discipline and Grievance and the Government's response to the "Resolving Disputes in the Workplace" consultation.
06/05/2008
The UK waste industry has experienced rapid consolidation in recent years, as demonstrated by the recent takeover of Biffa by WasteAcquisitionco. This trend looks set to continue for the foreseeable future and can potentially affect employees in at least two ways.
05/05/2008
Further details on the most significant change to the planning regime in Scotland for decades.
18/04/2008
A recent English case has revisited two important points which a bank may face in demanding repayment under a loan agreement. Failure to properly consider these points could adversely affect the ability of the bank to recover its loan and anticipated interest. Although an English case, this will be persuasive in Scotland, and it will have direct effect if the transaction involves some English assets and the loan documentation is governed by English law.
15/04/2008
When is an alleged waste NOT a waste?
How well do current EU and UK policies on energy dovetail with those on waste?
14/04/2008
Filing deadline shortened and penalties increased for Company Financial Statements.
11/04/2008
What to do about the forthcoming changes
07/04/2008
Code on corporate governance sets guidelines.
31/03/2008
Preparing for the new Act.
17/03/2008
How does EU law and policy impact on composting?
From 6 April 2008 no private company need have a company secretary.
10/03/2008
Can the Government be acccused of falling foul of competition law?
Environmental issues continue to sit near the top of the political agenda.
06/03/2008
How can trademarks be protected?
04/03/2008
Political Red Herring or New Dawn for Infrastructure Funding?
27/02/2008
Modernising Planning Appeals.
20/02/2008
Environmental Permitting Regulations come into effect on 6th April.
13/02/2008
The Companies Act 2006 has been welcomed as it has reduced the administrative burden on many UK businesses. One of the key deregulatory provisions is to remove the prohibition on a private company giving financial assistance for the acquisition of its own shares, which ought to simplify acquisition finance.
07/02/2008
The rate of change in modern technology presents numerous issues for businesses to address. They need to ensure that they have proper risk management strategies in place to protect their technology.
23/01/2008
Three more consultation papers, setting out further proposals for changes to the planning system under the Planning etc. (Scotland) Act 2006, have been published by The Scottish Government.
22/01/2008
Will the landmark ruling survive or be ‘repealed’?
14/01/2008
The Transfer of Undertakings (Protection of Employment) Regulations 2006 [TUPE] apply to commercial property transactions just as they do to other business transfers.
Comment on recent judgment in the case of Permacell Limited.
09/01/2008
Permanent exemption from empty property rates for companies in administration.
03/01/2008
Some practical notes on the main changes in the law.
19/12/2007
Derivative Actions Under the Companies Act 2006.
18/12/2007
Prepacks are becoming a more common way of disposing of a business in financial difficulty, mainly due to the increase in administrations as a consequence of the Enterprise Act 2002, but who benefits from this?
13/12/2007
Environment Agency recently consulted on its latest Quality Protocol.
11/12/2007
As a result of the Employment Equality (Age) Regulations 2006, employers have a legal duty to avoid direct or indirect discrimination on the grounds of age, unless the difference in treatment can be objectively justified.
28/11/2007
Amendment Regulations 2007, regarding EIA of Reserved Matters Applications, come into force on 22 November 2007.
27/11/2007
Key tips for employers on protecting your business when an employee leaves.
19/11/2007
Public House, Restaurant, Hotel, Refreshment and Entertainment licences to be replaced.
16/11/2007
What’s waste and what’s not.
15/11/2007
Scottish Information Commissioner requires Lothian NHS Board to disclose PFI Contract for Edinburgh Royal Infirmary in its entirety.
14/11/2007
Do you have a duty to disclose information?
12/11/2007
Workers within the banking industry have access to a huge amount of highly sensitive and confidential information. Used improperly, this information can be exploited for illicit gain in a number of ways.
08/11/2007
New ruling confirms Consumer Credit Act applies to overseas purchases.
05/11/2007
We are currently considering the proposals and their implications.
29/10/2007
Semple Fraser's experts comment on the proposed amendments to rates legislation.
25/10/2007
An outline of some of the things that can be done by property dealers, developers and investors to minimise their tax bill.
17/10/2007
Employers must know whether their workers are self employed or are employees, in order to apply the correct tax treatment. There is an additional complication where the employer is a contractor in the construction industry.
Employers must know whether their workers are self employed or are employees, in order to apply the correct tax treatment.
16/10/2007
Different suppliers might use the same trade mark for different types of goods and services.
15/10/2007
From 30th October, only waste that has been pre-treated can be accepted at landfills.
12/10/2007
When the assets of a borrower are insufficient to cover the loan, and/or to service the interest, a bank would often obtain a guarantee to cover the potential shortfall. Here we consider how a variation to the underlying contract can have a dramatic effect on the enforceability of a guarantee.
11/10/2007
Are buildings protected by copyright?
09/10/2007
"Sustainable public procurement” must take into account societal benefits as well as environmental ones.
Be clear when negotiating termination payments for departing employees.
08/10/2007
The key changes that you need to be aware of.
New Research and Balancing Interests.
26/09/2007
Semple Fraser's Environment Group comment on the new WFD and the many milestones it faces before it becomes law.
25/09/2007
An overview of the new code and our practical recommendations for director’s to consider.
TUPE 2006 seeks to clarify the application of TUPE in insolvency situations and promote a rescue culture
Financiers and entrepreneurs be aware.
24/09/2007
Can the use of catchphrases in marketing materials actually infringe the relevant trademarks?
05/09/2007
The main pros and cons of Biofuels, including their interface with Waste law.
23/08/2007
Despite recent poor press for PPP/PFI deals, the need to continue developing key public sector infrastructure and services will not go away.
20/08/2007
Semple Fraser look at the relationship between SRU & Edinburgh Rugby.
07/08/2007
In the last year, new legislation has been passed which will significantly affect UK businesses, and in particular makes significant changes to the registration of charges by companies. The Companies Act 2006 will come into force in various stages between October 2007 and Autumn 2008, and The Bankruptcy and Diligence etc (Scotland) Act 2007 will follow after Spring 2009.
06/08/2007
The US Department of Justice and the UK Office of Fair Trading get tough on price fixing.
26/07/2007
HR Directors in the banking and finance sector often seem to have their work cut out when it comes to bullying and harassment claims. This is partly because the high salaries and bonuses paid to people in that sector make for attention grabbing headlines which tarnish the reputation of the industry.
25/07/2007
The Court of Appeal raises the bar for “end of waste”.
20/07/2007
DTI launch consultation of HGCRA.
16/07/2007
The Court of Appeal restore certainty to the legal criteria for waste recycling and recovery.
09/07/2007
OSS Group win case in the Court of Appeal.
03/07/2007
An Employment Appeal Tribunal has decided that a business transfer occurred prior to the commencement of insolvency proceedings.
21/06/2007
Key Issues for the Construction industry.
15/06/2007
In an average day, a banker has to process numerous transactions. Most of these will be straightforward, but the occasional request may cause concern. The banker should query the transaction, and it will only be processed if there is a suitable explanation. But, at what point is a banker under a duty to query the transaction?
05/06/2007
Landowners should take precautions to ensure sites are secured.
30/05/2007
Impact on the property and construction industries.
Adopt now or wait and see?
14/05/2007
A practical insight to cross-border Real Estate work.
02/05/2007
A landmark victory for Landlords.
23/04/2007
Employment Equality (Age) Regulations 2006 come into force on 1st October 2006.
19/04/2007
An overview of the new regulations which came into force on 6th April.
11/04/2007
Article written by Vincent Brown and Josephine Armstrong.
10/04/2007
We can't stop disputes, but we can change the way we resolve them.
06/04/2007
Traditionally, courts are used to resolving disputes but they do not always deliver the resolution required. Cost, delay, strict rules and formality are some of the criticisms levelled against the courts. The constraints of the court process and lack of control can often leave litigants dissatisfied with the outcome. Judges themselves may question whether their judgement has properly resolved a dispute. Quicker, simpler and more cost effective ways of resolving disputes are needed and parties are increasingly turning to mediation.
03/04/2007
Impact on the waste and extractive industries.
29/03/2007
New RICS Code of Practice comes into effect on 1 April 2007.
26/03/2007
A summary of the new CIS scheme.
But will it apply to Scotland?
New Regulations are coming into force on 6th April 2006 .
13/03/2007
Barry Love writes an article for The Scotsman.
12/03/2007
Ensure that the correct business models are put in place to manage and allocate risk.
02/03/2007
Key implementation dates for the remainder of the Act.
12/02/2007
As from 1 January 2007, Real Estate Investment Trusts (REITs) will be available in the UK. A REIT is an entity that owns and operates income producing real estate, and satisfies various conditions, which enables its profits and gains to be exempt from UK corporation tax.
31/01/2007
The DTI has now announced a review with the intention of simplifying and improving employment dispute resolution.
19/01/2007
Significant changes to company law come into force.
13/12/2006
Key issues for the property industry.
01/12/2006
Waste management plans are to show suitable sites for disposal.
17/11/2006
Update on developments
08/11/2006
New fire safety duties are now placed on owners, occupiers and employers.
01/11/2006
Administration has been around for 20 years but it is only recently, following the changes introduced by the Enterprise Act, that administration has become more common. Is it the new liquidation? To answer this we need to know a bit more about the purposes of administration and how it works.
25/10/2006
Recent House of Lords opinion.
10/10/2006
Tax treatment when negotiating termination payments for departing employees.
02/10/2006
Property Finance is effectively obtaining finance which is secured against a property, either in connection with the acquisition of that property, or a refinancing of the property. This article highlights some of the issues that arise in connection with a traditional property finance transaction.
29/09/2006
Changes that have been made to the JCT contracts following their recent overhaul.
20/09/2006
The new Age Regulations came into force on 1st October.
19/09/2006
Solvent scheme of arrangement: Scottish Court rules in favour of creditor democracy.
28/08/2006
Where do we stand now?
25/08/2006
Now the PFI/PPP market is mature, the secondary market for PFI/PPP investments is becoming increasingly significant and profitable.
21/08/2006
Prepare for the new regulations which come into force on 1st October 2006.
01/08/2006
Guarantees are often the main factor in enabling a transaction to be funded, particularly where the borrower has insufficient asset cover to secure the debt and/or service the interest, or when the financial covenants are very tight; but how do you ensure that the guarantee is effective?
11/07/2006
An insight into valuing shares in a company.
29/06/2006
How and why?
27/06/2006
A recent case indicates the difficulty.
13/06/2006
Key points in the Budget.
08/06/2006
What role do they play?
01/06/2006
Lending involves risk, and the first skill required is to identify the risk. However, some risks are less easy to identify, and an unexpected risk is usually more expensive, as it will not have been managed. Environmental liability risk is one of the most common and expensive “hidden” risks, much increased in these days of intense EU regulation.
30/05/2006
The effects of the CIS scheme on landlords and tenants.
The impact of the 2006 Budget on those involved in the property industry.
18/05/2006
The main features of the May 2006 EU Directive on “extractive waste”.
10/05/2006
General guide.
24/04/2006
An update on regulations.
17/04/2006
Article on registered trade marks and celebrity endorsements.
05/04/2006
Key issues when completing an acquisition.
04/04/2006
Key features of Real Estate Investment Trusts (REITs).
03/04/2006
The completion stage of any acquisition is dominated by the lawyers involved as most of the other professionals have already undertaken their diligence and reviews, and the lawyers are left to finally deliver the deal for the seller and purchaser, and not least the funder (who is paying for it!). As a consequence, everyone is pressing for a quick and effective completion, and no matter how well the previous stages of the deal have been executed, these are quickly forgotten if there is a delay at completion.
31/03/2006
Provides a practical insight into cross-border environment law.
10/03/2006
How can banks manage risk of investment.
How can banks involved in financing property developments protect their investment.
03/03/2006
Revised CDM Regs will be implemented in Spring 2007.
02/03/2006
Article in Property Executive on Glasgow's waterfront development.
01/02/2006
A bank may be involved in a development of a property (new build and/or refurbishment) by providing finance to the developer, or to the end user or purchaser of the completed development. In each case, the bank will have an interest in ensuring that the development is successfully completed, as that will increase the value of the secured asset.
24/01/2006
Complex aspects of direct and indirect taxes.
19/01/2006
The Regulations came into force on 1 January 2007.
12/12/2005
Article in Commercial Property Monthly on Glasgow's waterfront development.
05/12/2005
The greater the value of the security, the lower the credit risk. In assessing the strength of the security, there are two aspects – the value of the underlying assets and the security itself.
Article on securing intellectual property rights.
03/11/2005
A series of briefings on current Health & Safety issues.
Article in the Herald on Glasgow's waterfront development.
26/10/2005
Article on the draft Corporate Manslaughter Bill.
25/10/2005
Article on self-invested personal pensions.
20/10/2005
An article on the regeneration of the Clyde in Building for Leisure.
03/10/2005
"Unable to pay its debts" – these are the words that you do NOT want to hear in connection with any of the customers within your portfolio. However, despite all efforts to minimise any potential insolvency risks, insolvency can occur. So what else can a bank do to minimise its exposure should a customer become insolvent?
27/09/2005
Scottish land law is undergoing major changes.
20/09/2005
A European Court ruling means more caution now has to be exercised in acquisiring, funding and developing former industrial land.
06/09/2005
A summary of the main proposals outlined in the Scottish Executive's consultation paper "Modernising the Planning System" and their implications for the future of development in Scotland.
29/08/2005
Local Sheriff Courts, if they choose to do so, can now set up Commercial
17/08/2005
JPUTs can incur considerable saving, and are a major incentive for all borrowers, but what is the impact for the banks?
08/08/2005
New requirement to make a disclosure to HM Revenue & Customs.
01/08/2005
A Jersey Property Unit Trust (JPUT) is a popular way of holding UK property as, if properly created, it can enable ownership of property to change, without incurring Stamp Duty Land Tax (SDLT), currently up to four per cent of the consideration.
19/07/2005
The latest news in technology and ecommerce.
Scottish Executive White Paper.
07/07/2005
A synopsis of mediation.
27/06/2005
SDLT - one year on.
26/05/2005
New laws which will impact across the whole of the European Union. (Also available in French).
20/05/2005
Latest news in technology and ecommerce.
09/05/2005
Article on brownfield development.
02/05/2005
Communities exercise right-to-buy laws to gain control over land and buildings.
"Doc Martens” boots in English court decision on copyright.
Sustainable development is to be integrated into all public authority decision-making.
19/04/2005
07/04/2005
The Contaminated Land Regime is going to be simplified.
09/03/2005
Article on copyright issues.
08/03/2005
09/02/2005
Issues affecting landlords and tenants.
01/02/2005
31/01/2005
Article on commercial property syndicates.
10/01/2005
29/11/2004
17/11/2004
Semple Fraser environment team has been closely involved with the development of the Contaminated Land regime.
Semple Fraser has recently been involved in three new Court of Session Commercial Court Actions.
15/10/2004
Practical implications of contaminated land.
14/10/2004
Latest news in technology and IP.
07/10/2004
Ensure your website is accessible to those with disabilities.
04/10/2004
On 1st October 2004, new Dispute Resolution Regulations came into force.
16/09/2004
Important European Court Ruling on Contamination and Waste.
03/08/2004
Adjudication - latest findings 2004.
01/07/2004
New legislation as the ETS (Emissions Trading Scheme) begins in 2005.
16/06/2004
Recent Developments June 2004.
03/06/2004
New EU rules on WEEE from Summer 2005.
02/06/2004
New rules on labelling and tracing GM foods.
30/04/2004
Recent waste decisions by the European Court of Justice.
01/03/2004
The recent demise of contractors Melville Dundas, Lilley and Ballast has again seen the warning flags raised for sub-contractors and suppliers.
30/09/2003
The regulatory net tightens.
27/08/2003
Tenants and landlords will have to take the DDA into account.
04/08/2003
Anyone who discrimates against disabled persons could find themselves being sued in court.
30/06/2003
Rising levels of mercury emissions.