Brodies LLP

The relationship between competition law and energy regulation is of considerable political and economic importance. This Practice Note outlines the energy regulatory framework and explores recent competition law developments in relation to the energy sector, including in relation to market definition, market investigations, merger investigations and antitrust investigations.

This Practice Note explains the purpose and scope of Fatal Accident Inquiries (FAIs) into sudden, suspicious, accidental and unexplained deaths in Scotland under the Inquiries into Fatal Accidents and Sudden Deaths etc (Scotland) Act 2016 (IFASD(S)A 2016). An FAI is a type of court hearing which publicly examines the circumstances of a death in Scotland. It is presided over by a sheriff and will normally be held in a sheriff court. The Practice Note explains the role of the Crown Office and Procurator Fiscal Service (COPFS) and Police Scotland in investigating work related deaths, the Scottish Fatalities Investigations Unit, what is meant by a ‘reportable death’, mandatory and discretionary fatal accident inquiries, the main features of an FAI, the scope and limitations of an FAI and practical considerations for practitioners representing clients at FAIs. In England and Wales, such investigations into unexplained deaths are conducted by coroners during inquests.

This Practice Note considers keep open clauses in Scottish commercial leases. It outlines what a keep open clause is and considers why parties may want a keep open clause in their lease; what points a solicitor should consider when drafting a keep open clause; and remedies available to a landlord in the event of a tenant breach of the keep open clause. The Practice Note also briefly reviews the differing approach to enforcement of keep open clauses in Scotland and in England and finally looks at considerations of the Court during enforcement.

This Practice Note explains the different powers of search available to authorities conducting criminal investigations in Scotland. It focuses on the search in respect of premises and property as opposed to the search of the person. It explains the circumstances in which powers to search premises and property in Scotland can take place including search under the terms of an arrest warrant, search by consent, search where urgency dictates and search under the authority of a search warrant. It also covers the scope for challenging search warrants in Scottish criminal investigations.

This Practice Note, produced in partnership with Emma Widdowson of Addleshaw Goddard LLP and Jamie Nellany of Brodies LLP is one of a series of Practice Notes, and describes Part 3 of the Insolvency (Scotland) (Company Voluntary Arrangement and Administration) Rules 2018 (ISCVAAR 2018) in relation to administrations. This Practice Note summarises what changes to procedure and practice apply following the coming into force of the new rules on 6 April 2019.

This Practice Note, produced in partnership with Tim Cooper of Addleshaw Goddard LLP, David Menzies of ICAS and Louise Laing of Brodies LLP, looks at the process to enter creditors’ voluntary liquidation (CVL) of a company registered in Scotland and the appointment of a liquidator by creditors.

This Practice Note, produced in partnership with Emma Widdowson of Addleshaw Goddard LLP and Lucy McCann of Brodies LLP describes Part 2 of the Insolvency (Scotland) (Company Voluntary Arrangement and Administration) Rules 2018 (ISCVAAR 2018) in relation to company voluntary arrangements (CVAs). This Practice Note summarises what changes to procedure and practice apply following the coming into force of the new rules on 6 April 2019.

This Practice Note covers the questioning of suspects in criminal investigations in Scotland. It explains the rights afforded to suspects during questioning, the impact of Cadder v HM Advocate on those rights, the application of those rights prior to and during police interviews, the role of solicitors prior to and during police questioning, the manner and conduct of police questioning, interviewing corporate organisations, tape recording interviews and the interpretation and translation rights afforded to suspects.

This Practice Note explains the arrest of suspects in criminal investigations in Scotland. In particular, it focuses on the basis for arrest, the rights of arrested persons, police powers on arrest, the power of Scottish officers to detain suspects in England, Wales or Northern Ireland, relevant custody time limits and release of suspects and officially accused persons from police custody.

This Practice Note explains the powers that the Scottish Environment Protection Agency (SEPA), Scotland’s principal environmental regulator, has to investigate and prosecute environmental crime in Scotland. It covers SEPA’s enforcement policy and guidance and provides an overview of its enforcement powers under the Environment Act 1995. The practice note also considers the statutory notices SEPA can issue for non-compliance or negative environmental impacts and enforcement measures available under the Regulatory Reform (Scotland) Act 2014 , including fixed monetary penalties, variable monetary penalties and enforcement undertakings. The note also looks at when compliance failure may result in prosecution and summarises the powers that can be used by SEPA’s officers when carrying out enforcement activity.

This Practice Note considers the application of the Consumer Duty to MCCL firms, and includes details of the scope of the Consumer Duty’s application to MCCL firms, the interaction of the Consumer Duty with pre-existing FCA rules and guidance, the implications for MCCL firms in complying with the cross-cutting rules under the Consumer Duty, the implications for MCCL firms in delivering the four consumer outcomes under the Consumer Duty, areas of potential difficulty for MCCL firms, implications for MCCL firms in implementing the Consumer Duty for closed products, and practical Consumer Duty steps post implementation.