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Disputes

Disputes

Fair and square?

The recent decision in Campbell v Dugdale has shown that, in defamation cases, fair comment does not always mean accurate comment.

Kezia Dugdale, former leader of the Scottish Labour Party, succeeded in her defence of a defamation action raised by the prominent “Wings Over Scotland” blogger Stuart Campbell.  The much publicised case concerned an article that appeared in Ms Dugdale’s Daily Record column in March last year in which Ms Dugdale commented on the following tweet by Mr Campbell:

Oliver Mundell is the sort of public speaker that makes you wish his

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Dilapidations: No claim if no works done

Alan McMillan

A lot of money can be gained (or recouped) by landlords pursuing dilapidations claims. The tenant has much to lose. One question has been on the minds and lips of surveyors for as long as dilapidations claims have been around. Does the landlord have to do the works before the claim can ever be successful? 

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By order of the Peaky Blinders

Megan Briggs

In an age where viral marketing and social media reign supreme, establishing the best method of enforcing your intellectual property rights (“IPR”) can be a thorny issue.  Recent years have seen large companies take an increasingly creative approach to managing their IPR, especially trade marks and copyright, often to great effect.

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Copyright in the Digital Single Market: How the new Directive will affect your business

Colin Hulme

On Monday 26 March 2019, the European Parliament approved the Directive on Copyright in the Digital Single Market, marking the end of a legislative process that began in 2016.  It will now be up to member states to approve Parliament’s decision over the coming weeks.  If member states accept the text adopted by the European Parliament, the new rules will take effect following publication in the official journal. 

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Directors' accountability in a digital era

Fiona Davidson

Over the past 18 months we have been inundated with news stories about companies getting themselves into hot water – to name just a few, we have Facebook and Cambridge Analytica, Carillion and British Airways’ data breach. But it’s not just the companies (and their clients and creditors) who have suffered as a result – in some of these circumstances the company directors are also being held accountable for the actions that they did (or did not) take.

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Protecting Scottish intellectual property on a global stage

Colin Hulme

With the dawning of the 1900s, a small group of merchants gathered in a draughty meeting room in Stornoway. They were there to plan how to protect intellectual property in the increasingly valuable HARRIS TWEED cloth which was being produced on the Outer Hebrides. 

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Qatar’s Asian Cup 2019 winners – a victory for plucky underdogs, or for naturalisation?

The 2019 Asian Cup certainly caught the attention of a European football public that loves an underdog story. We saw relatively early exits from established big guns such as Australia and South Korea, unexpected progress from nations as diverse as Vietnam and Kyrgyzstan and, of course, a new name on the trophy in the form of Qatar.

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Registered Social Landlords – Do you have the information?

Since around 2015 there have been discussions and consultations around extending Freedom of Information legislation in Scotland to include Registered Social Landlords (RSLs). At the start of February, the Scottish Government published a draft statutory instrument which, if adopted, will mean RSLs will be required to comply with Freedom of Information legislation in Scotland. 

This anticipated change has been announced at a time when Scotland is taking measures to deregulate RSLs including giving them the power to sell homes and land without requiring approval from the Sco

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Canary Wharf v European Medicines Agency – not so frustrating after all (for the landlord)

The English High Court has today rejected the argument that Brexit allows a tenant to get out of its lease, in a decision which is good news for landlords and arguably for the property industry generally.

The High Court has made its decision in the case of Canary Wharf v European Medicines Agency.  The EMA had its headquarters at Canary Wharf in London.  As an EU agency, the EMA is required to have its headquarters in an EU member state.  Since the UK will stop being a member state after Brexit, the EMA argued that it would be impossible for its lease to continue (and

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Under the Influence: New Guidelines for Social Media Advertising

Lynne Moss

Love it or loathe it, social media is a sign of our times. Recent years have seen the rapid rise of social media “influencers” on platforms like Facebook and Instagram, and brands and advertisers have tapped into that trend and are using social media as a powerful marketing tool. As consumers become weary of the more “traditional” forms of advertising, such as TV, radio and even websites, which can be skipped through, brands have had to come up with innovative and more immediate ways to advertise their products.


What is happening?

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