04.03.19
Funds update
While many firms are still adjusting to the Senior Managers and Certification Regime - it has applied to banks for some time now, insurers since December 2018 and will apply to FCA solo -regulated firms from December 2019 - the FCA is now proposing further changes to the regime. These changes are set out in Consultation Paper19/4 “Optimising the Senior Managers & Certification Regime”.
It is intended that these changes will be effective before the Senior Managers Regime comes into force for FCA solo -regulated firms in December of this year. Comments should be submitted on the response...
01.03.19
Land and Rural Business update
Boundaries can be difficult to establish at the best of times without throwing the added complication of rivers into the mix. Scots law uses legal presumptions in conjunction with title specifics to determine the ownership position in relation to rivers, but a boundary that has the potential to move can pose challenges for map-based title registration.
Where does your river boundary lie?
The common law position surrounding rivers in Scotland differs depending on whether the river in question is considered to be ‘tidal’ or ‘non-tidal’.
Where the river is ‘tidal...
01.03.19
Insurance & Risk update
In a recent Court of Session case a prolonged delay of 13 years was not sufficient to justify dismissal on the basis that the delay was not found to result in judicial unfairness.
Background
This case arose from a road traffic accident (‘RTA’) in 2001 involving a collision between an emergency police vehicle and a civilian vehicle. The claimant was a passenger in the latter and brought a civil claim against the Police in 2004 for damages in respect of injuries.
The claimant accepted that her physical injuries were modest; however she alleged that she had sustained lasting...
27.02.19
Food and Drink
As exports of single malt and blended Scotch whisky hit a record high growing by 7.8% in 2018 to £4.7 billion, the industry has won a significant victory in the German courts preventing a German whisky producer using GLEN in its name.
Scotch whisky is extremely important to the Scottish food and drink industry and the wider economy. Its success is in part due to the international recognition of Scotch whisky as a high quality and exclusive product. To keep this reputation, the production and sale of Scotch whisky is tightly regulated.
The Scotch Whisky Regulations
The Scotch...
