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A number of cases have looked at worker status in recent years, focused mostly around the ‘gig economy’ with claims against companies including Uber and Deliveroo. The gig economy typically involves individuals working in temporary positions in the service industry, such as food delivery or private couriering. The sharp increase in the number of people working in this sector has led to a huge shift in the cultural and business environment ...

Many communities in Scotland are all too aware of the problems associated with living next to land or buildings that are lying vacant or derelict, particularlyin urban areaswhere neglected places are often a magnet for anti-social or criminal behaviour,becomingdumping grounds for rubbish,attracting vermin and generally posing a threat to the safety or health of those living or working in the vicinity ...

One of the key issues raised consistently in the discussions around a no-deal Brexit is the impact it would have on the customs duties payable on goods that are imported in to the UK. Whilst MPs have now voted against a no-deal Brexit, this does not change the legal position – that unless a deal is agreed, there will be a no-deal Brexit, (or no Brexit at all) ...

Shepherd and Wedderburn LLP | February 2019

Public bodies in the UK (government departments, regulators, local authorities etc.) are legally accountable for the decisions that they make. But what does that mean in practical terms to someone looking to raise a legal challenge to a particular decision? This short blog post provides some very high level guidance in FAQ form. Q. If I think a decision is wrong, am I able to raise a legal challenge against it? A. Maybe ...

Shepherd and Wedderburn LLP | February 2019

One of the few things that is becoming clearer amidst the Brexit fog is that a ‘no-deal’ is no longer a fanciful possibility. The UK Government, in itsWhite Paper on Immigration Reformpublished at the end of last year, claimed the changes it proposed would lead to the most significant changes to immigration control in 45 years. However, that historic change, scheduled for December 2021, may come sooner than anticipated ...

Shepherd and Wedderburn LLP | February 2019

Since the EU referendum, ourImmigration Team has been advisingEU nationals and their familiesimpacted by the UK’s decision to leave the EU. The result has thrown up a whole host of issues for EU nationals in the UK, not least how it affects their rights as a family unit. Our earlier post,British passports for EU children, looked at the position for EU children in the UK and how their parents can obtain a British passport on their behalf ...

Shepherd and Wedderburn LLP | February 2019

This two-part webinar series explores the top construction court cases from 2018, to provide an understanding of the key developments in construction law and adjudication practiceand how these might affect your construction projects and disputes in 2019. 1. S&T (UK) Limited v Grove Developments [2018] EWCA Civ 2448 Grove employed S&T to design and build a new hotel at Heathrow Airport under a JCT Design and Build Contract ...

Shepherd and Wedderburn LLP | February 2019

The Scottish Government has published its first two Scottish Procurement Policy Notes (SPPNs) for 2019, both of which relate to public procurement in Scotland in the event that the UK exits the European Union without an agreement (a ‘no-deal’ Brexit), and has published accompanying draft legislation to implement the changes it proposes. The first policy note (SPPN 1/2019) sets out the Scottish Government’s proposed changes to public procurement legislation ...

Shepherd and Wedderburn LLP | February 2019

The public rights of access on and over land, enshrined in the Land Reform (Scotland) Act 2003, have now been around for almost 14 years. They allow all members of the public a responsible right of access on and across land and inland water throughout the country, often informally referred to as the right to roam. Certain parts of land may be excluded from the rights of access under the Act: restrictions may be allowed, for example, due to planned forestry operations ...

Shepherd and Wedderburn LLP | February 2019

As the date draws closer for implementation of the Senior Manager and Certification Regime (SMCR) across asset management firms, HR’s attention is turning to the impact of the new regime on regulatory references ...

Shepherd and Wedderburn LLP | February 2019

The Financial Conduct Authority (FCA) recently launched a consultation on its proposed guidance on cryptoassets (CP19/3) which can be read in fullhere. The move comes as part of the UK Cryptoasset Taskforce's wider look into the regulation of the cryptoasset market. The consultation follows a report published in October 2018 by the Taskforce, which consists of the Bank of England, HM Treasury and the FCA. Our discussion of that report can be readhere ...

Shepherd and Wedderburn LLP | February 2019

Whether you are a start-up looking to hire your first recruit or an established multi-national business, navigating the world of employment law can be tricky. WithBrexitstill firmly at the top of the bill, we take a look at some of the challenges ahead for employers large and small. As businesses struggle with significant skill shortages, expect difficulties around international recruitment and gender pay disparities to be key issues in the year ahead ...

On 18 January 2019, the Electronic Invoicing (Public Contracts etc.) Amendment (Scotland) Regulations 2019 (the Regulations) were laid before the Scottish Parliament. They come into force on 18 April 2019 for central government authorities and bodies established under the National Health Service (Scotland) Act 1978, and on 18 April 2020 in relation to all other contracting authorities and contracting entities ...

This two-part series explores the top construction court cases of2018, providingan understanding of the key developments in construction law and adjudication practiceand how these might affect your construction projects and disputes in 2019. Read or watch the first in the series below: the top five construction cases of2018. 1 ...

“I don’t want a British passport for myself but should I get one for my child?” This is a common immigration-related enquiry, and one my team and I have been asked about by EU nationals repeatedly since the June 2016 referendum vote ...

Shepherd and Wedderburn, as a collection of individuals and as a business, has put diversity and inclusivity at the heart its organisational culture and values. The business case for fostering diversity and inclusivity in the workplace is compelling ...

“I don’t want a British passport for myself but should I get one for my child?” This is a common immigration-related enquiry, and onemy team and Ihave been asked about by EU nationals repeatedly since the June 2016 referendum vote ...

Employers will often include restrictive covenants in employment contracts to ensure their business interests are protected when an employee leaves. Where the employee is also a shareholder, there may be similar restrictions contained in a separate shareholder’s agreement ...

Shepherd and Wedderburn, as a collection of individuals and as a business, has put diversity and inclusivity at the heart its organisational culture and values. The business case for fostering diversity and inclusivity in the workplace is compelling ...

In a landmark decision, the European Union Intellectual Property Office (‘EUIPO’) has ruled that McDonald’s, one of the world’s largest fast food chains, will lose its EU trade mark for “Big Mac” ...

Shepherd and Wedderburn LLP | December 2018

The National Farmers Union, Scotland (NFUS) Joint Venture Hub is designed to act as a match-maker, bringing together enterprising individuals – some of whom have land and some of whom don’t – with a view to pooling their resources to farm together for profit. The Hub can be accessed online via this link. One of the possible vehicles for pursuing a joint venture is by entering into a share farming agreement ...

From ground-breaking discoveries such as penicillin and insulin, to the development of the MRI body scanner and the creation of Dolly the sheep, the first mammal to be cloned from an adult cell ...

To coincide with its 250th anniversary, Shepherd and Wedderburn commissioned the University of Strathclyde’s Fraser of Allander Institute to consider the future challenges and, more importantly, opportunities for Scotland’s economy ...

The oil and gas sector has seen significant changes over the past few years, led by a significant reduction in global oil prices. This has increased the focus on operational efficiency and more flexible ways of working collaboratively to alleviate the effects of protracted price deflation ...

The Scottish financial sector has always punched above its weight due, in large part, to its appetite for innovation and sharp business acumen, which it has successfully exported around the globe. The successful early establishment in Scotland of current account banking and the investment trust speak to this, along with the undisputed influence of the Scottish diaspora, which established many of the great financial institutions from Paris to Hong Kong ...

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