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Background FK Construction Limited (“FK”) was sub-contractor to ISG Retail Limited (“ISG”) for works involving roofing and cladding in relation to ISG’s Project Barberry. FK issued an application for payment of £1,691,679.94. ISG failed to issue a payment notice, submitting a pay less notice instead. The sum sought by FK was not paid, and FK referred the dispute to adjudication ...

Figures from Homes for Scotland indicate that there is currently a shortage of almost 100,000 homes in Scotland. According to their most recent figures, 25,000 new homes are needed each year to keep pace with need and demand – and that figure was last met in 2007. Let those figures sink in ...

Shepherd and Wedderburn LLP | September 2022

Last month, the Dutch competition authority (ACM) cleared a joint agreement among soft-drink suppliers including Coca-Cola to discontinue plastic handles on multipacks to make the packaging more recyclable and reduce plastic. Applying its draft sustainability guidelines, the ACM found that the arrangements did not harm competition given that evidence showed the handles did not play a role in the competitive process and participants remained free to decide on, e.g ...

Shepherd and Wedderburn LLP | September 2022

A new licensing scheme is coming into force in Scotland to regulate short-term lets. The scheme requires hosts of self-catering accommodation to have a licence in place to accept bookings and welcome guests. This article explains who needs to apply for a licence, when the deadlines are, and how to apply ...

Shepherd and Wedderburn LLP | September 2022

What is driving the imperative for ESG alignment? There has been a cultural shift in society as more and more individuals commit to leading sustainable lives. Those individuals – whether as consumers, employees or other stakeholders in industry – now expect the businesses operating in their communities to function in a more sustainable manner too ...

Shepherd and Wedderburn LLP | September 2022

“A lot going on” was a very apt phrase used in the opening session of the Onshore Wind Conference 2022 in Glasgow. And it’s clear to see why: onshore wind is generating cheap and reliable energy, creating high-skilled and sustainable jobs, contributing positively to the Scottish economy and enjoying a groundswell of popular support, with the latest poll commissioned by RenewableUK showing 76% of people are in favour of renewable projects being developed in their local area ...

Shepherd and Wedderburn LLP | September 2022

As the licencing scheme for short-term lets comes into force in Scotland on 1 October 2022, hosts will need to understand the various conditions they must meet to obtain a licence. This article explains when planning permission may be necessary and details the series of conditions that hosts must meet to obtain a licence. If you are wondering if you need to apply for a licence, when the deadlines are, and how to apply, read the first article in our series to find out more ...

Summer 2022 has been an incredible season for women’s sport. In the UK, the English women’s football team won the UEFA Women’s Euros and there has been a brilliant run of British winners at the Commonwealth Games, including gold medals for Eilish McColgan in the 10,000 metres, Pauline Wilson and 72-year-old Rosemary Lenton in the Para lawn bowls, and Katarina Johnson-Thompson in the heptathlon, to name a few ...

Shepherd and Wedderburn reported 5% turnover growth to £62.2 million in the year to 30 April 2022. Net profits (before partner distributions) grew 3% to £26 million. In recognition of their commitment to the firm and its clients, in addition to the firm’s performance-related bonus scheme, colleagues will receive an exceptional bonus of 5% of annual salary ...

With the lifting of the restrictions on the presentation of winding up petitions, and the likely cash flow pressures caused by price inflation, it is widely anticipated that we will see an increase in the number of companies subject to winding up proceedings ...

Last month the Scottish Government published “Land Reform in a Net Zero Nation”, a consultation paper on a new Land Reform Bill. The paper sets out the proposals for the bill and seeks views on various related issues, including measures aimed at “large-scale holdings”, changes to subsidies, the introduction of a new type of agricultural tenancy, and transparency of land ownership ...

The inaugural Commonwealth Esports Championships and Commonwealth Esports Forum will be staged at the International Convention Centre in Birmingham on 6-7 August 2022.  The championships are a result of the strategic partnership between the Global Esports Federation and the Commonwealth Games Federation, which was announced in May 2020 ...

The Supreme Court has ruled that any worker or employee who works for part of the year but has been employed on a continuing contract must receive 5.6 weeks’ leave at full pay. This means they will likely receive proportionately more annual leave and pay than their full-year counterparts. Employers cannot pro-rate a worker’s statutory holiday allowance to reflect the number of weeks they actually work ...

On 18 July 2022, the UK government introduced the new Data Protection and Digital Information Bill (Bill). What is the Bill? The new Data Protection and Digital Information Bill contains the government’s proposals to reform the UK’s data protection regime. The Bill quickly follows the government’s publication in June of its response to its consultation on the Data Reform Bill carried out in Autumn 2021 ...

The National Security and Investment Act 2021 (NSIA) came into force on 4 January 2022. The UK’s Department for Business, Energy and Industrial Strategy (BEIS) published last month its first Annual Report on the NSIA in its first three months of operation. More on this can be found here ...

Esports will this year feature in the Commonwealth Games for the first time. Alongside the Commonwealth Esports Championships, the Commonwealth Esports Forum will be held at the same venue on 5 August. The Forum will bring together thought leaders and idea creators to discuss business opportunities and current issues in the esports sector. Competitors and businesses will be travelling to the UK from around the world to participate in the Esports Championships and Forum ...

On Tuesday 19 July 2022 parts of the UK set new record temperatures. Charterhall in the Scottish borders recorded a temperature of 34.8 degrees Celsius, the highest ever recorded in Scotland. Whereas Coningsby in Lincolnshire reported a new UK high of 40.3 degrees Celsius. This has caused fires to break out in parts of the UK and resulted in the UK’s first ever red travel warning due to extreme heat ...

Competitive gaming is growing – quickly!  Esports are growing in popularity and have already become a central feature of the entertainment landscape. Esport teams and events are becoming sophisticated and commercially valuable operations as they capture a growing number of eyeballs, clicks and high profile sponsorships ...

Asbestos was used extensively in UK commercial and residential buildings in the 20th century, primarily for insulation, flooring and roofing, as well as being sprayed on ceilings and walls. On health grounds, the UK banned the use and import of all asbestos in November 1999.   The House of Commons DWP Select Committee recently conducted an inquiry into the Health and Safety Executive’s (HSE) approach to asbestos management ...

The High Court recently held that damages would not be awarded for wasted management and staff time despite finding an unlawful means conspiracy to have existed. In Zenith Logistics Services (UK) Ltd and others v Keates and others, Judge Keyser QC held the monetary loss needs to be proven, otherwise the damages will not be awarded. Claim Zenith claimed £281,500 for lost management time spent investigating and addressing the wrongdoing ...

Agricultural and rural settings present significant health and safety risks, which must be carefully managed and mitigated by employers and landowners operating in the sector. The Health and Safety Executive’s (HSE) annual report into workplace fatal injuries (published on 6 July 2022) disclosed that, of the 123 workers killed in work-related accidents across the United Kingdom in 2021/22, 22 deaths occurred in the agriculture sector ...

Shepherd and Wedderburn was delighted to attend the Royal Highland Show after a sorely missed absence over the last two years. It was fantastic to see so many familiar faces throughout the event, and particularly on the Friday at our full capacity breakfast briefing, co-hosted with Bidwells. For those not in attendance, we would like to share the following headline insights and key takeaways ...

The UK Government published last month its annual report on the application of the National Security and Investment Act 2021 (NSIA). The NSIA came into force on 4 January 2022. The report covers the period commencing from that date to 31 March 2022, though future annual reports will cover a full calendar year. The NSIA is already having a significant effect ...

We were delighted to advise our client, the Scottish National Investment Bank, in its investment in pureLiFi, a wireless communications start-up that uses light to transmit data.  John Morrison, who led the Shepherd and Wedderburn deal team with support from Ian Crombie and Sophie Bailey, said: “It is a pleasure to have worked with the Bank to facilitate this deal, which supports the roll-out of innovative communications technology and the creation of high skilled jobs in Scotland ...

Shepherd and Wedderburn would like to say thank you to our clients for providing valued and insightful feedback to Chambers and Partners High Net Worth Guide, which has awarded a Band 1 ranking to our private wealth and tax team in Glasgow and Edinburgh. This the first time our team in the central belt has been awarded the guide’s highest ranking ...

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