Planning & Environment

These thoughts on planning reform in Scotland from the developer’s perspective were presented at The WS Society Planning Law Panel (see my earlier blog on implications for local authorities). Developers “Developer” often seems synonymous with “housebuilder”, but there are a wide range of people/ companies seeking planning permission: including infrastructure providers, inward investors, local businesses, local landowners, and householders…. Read more »

Dispute Resolution

The long awaited new Scottish Insolvency Rules for Company Voluntary Arrangements and Administration (The Insolvency (Scotland) (Company Voluntary Arrangements and Administration) Rules 2018) were laid in Parliament today. The Rules are a negative SI which means they do not need active approval by Parliament and will automatically come into effect as law unless either the… Read more »

Dispute Resolution

According to the Commercial Court’s webpage, the keynote for framing written pleadings in a commercial action is “flexibility”. This reflects the intention that commercial actions should provide a quicker, more efficient and more focused means for resolving commercial disputes. Nevertheless, in the recent case of Westerton (UK) Limited v EDGE Energy Limited [2018] CSOH 9,… Read more »

Food & Drink

The Competition and Markets Authority (CMA), having ‘fast-tracked’ the proposed Sainsbury’s/Asda merger for a detailed “phase 2” investigation in September, has now published its detailed issues statement setting out the possible concerns on which it will focus. The statement invites individuals and businesses to comment on the issues it identifies, to help the CMA assess… Read more »

Dispute Resolution

A beautician from Gloucester has been threatened with legal action by jewellery giant Tiffany & Co (“T&Co”). Tiffany Parmar applied to trade mark the name “Cotswold Lashes by Tiffany” but the jewellers have threatened to oppose the application as they deem it “likely to cause confusion” with their well-known brand. Is this legitimate protection of… Read more »

Personal Law

The recent case of HMRC v Higgins (2018 UKUT 280) has brought ‘principal private residence relief’ into the spotlight. It is extremely important to consider the implications of this case and the application of the relief. What is Capital Gains Tax? Capital Gains Tax (CGT) is a tax on the profit when you sell (or… Read more »

Family Law

My colleague, Nicola Kerr blogged previously on the decision of the Supreme Court in the case of R (on the application of Steinfeld and Keidan) (Appellants) v Secretary of State for International Development (in substitution for the Home Secretary and Education Secretary) (Respondent) in which the court made a declaration that the Civil Partnership Act… Read more »

Dispute Resolution

In a game lasting much longer than 90 minutes, Rangers have beaten the opposition, a seller of unofficial merchandise, and won by successfully registering a trade mark for “RFC”. The application to register the RFC trade mark was first made back in March 2013. The trade mark was to cover jewellery, ornaments, interior decorations, furniture… Read more »