We use cookies to make your experience of our website better. Some of these are set by third party Google Analytics to help us analyse website traffic. To comply with privacy regulations, we require your consent to set these cookies. If you continue to use the site without selecting an option we will assume you are happy for us to use cookies.

Disputes

Disputes

Top litigation takeaways of 2019

In the aftermath of the election excitement and just before everybody gets into the swing of Christmas, we thought we’d remind you of some of the key developments across Scottish litigation and liability issues this past year. We know what you are thinking – Christmas has come early indeed! 

Read more

Burness admin

The European Union Intellectual Property Office has recently published its study into online copyright infringement in the EU – is the fight against the pirates being won?

The Study is a valuable piece of research as to the extent of the ongoing challenge of combating online copyright infringement facing those creating valuable digital content, however, there is cause for cautious optimism. The full report can be found here

Read more

Burness admin

Red Riding Hood and the not so big bad landlord

Who would have thought a trip to the pantomime would start a discussion about Red Riding Hood’s property litigation issues?  Well it turns out, when you’re watching with your legal colleagues that’s exactly what happens.  Don’t say lawyers don’t know how to have fun...

Read more

Burness admin

How to protect your business from phishing and whaling scams

Do you know what e-mail phishing is? How about whaling? Or domain spoofing? Even if you can’t be precise, you probably have an inkling of what they are – catchy but rather confusing terms to describe types of online fraud.

Read more

Burness admin

Whether it’s algebra or shipping law – always double check the little details

Waiting on our food at our Italian-American diner of choice, my son’s attention turned to the entertainment on his placemat. The dot-to-dot and spot the difference passing without incident, he enlisted my help with the maths challenge. The problem was as follows:

X + X + X = 30
X + Y + Y = 20
Y + X + X + Z + Z = 29
X + Y x Z = ?

Read more

Burness admin

New Penalty Surcharge: Safety Fines to Increase by 7.5% in Scotland

Regulations coming into force in Scotland on 25 November 2019 will require convicted offenders including organisations, who receive a court fine, to contribute towards the cost of supporting victims of crime by paying an additional financial penalty into the Victim Surcharge Fund (“the Fund”). 

The surcharge will be applied automatically at the time of sentencing and is linked to the level of fine imposed. The minimum surcharge is £10 (for fines up to £200) but for larger penalties (fines over £10,000) the surcharge is a fixed 7.5%.

Read more

Burness admin

St Andrews Gowns Won’t Fly South This Winter

A rare decision on the operation of jurisdiction rules between England and Scotland has just been issued by the Court of Session in Edinburgh. In it The University of St Andrews was found to be entitled to pursue proceedings in Scotland against a company alleged to have infringed its trade marks in student gowns. In his written opinion (which can be accessed here), Lord Doherty rejected arguments made by Student Gowns Limited, that the case should be heard in England.

Read more

Burness admin

The Shame Game

Nobody wants to be shamed in public. Especially if the audience includes your client and peers. Yet, this is the risk we run every time we issue a “cease and desist” letter on behalf of a client. The problem seems to arise most commonly when enforcing trade marks but claims of patent and copyright infringement are not without their own risk.

Read more

Burness admin

Shanks v Unilever - A win for inventors in the Supreme Court

Yesterday, the Supreme Court handed down its much anticipated judgment in a long-running legal saga between Unilever and a now former employee called Professor Shanks.  The case concerned Prof. Shanks’ claim for compensation for an invention created by him whilst employed by Unilever.

Read more

Burness admin

Notices in Commercial Leases – a welcome clarification for landlords and tenants

Over 100 years after an Act came in, we finally have some clarity.

Read more

Burness admin