The courts in Scotland have upheld a refusal of applications for community-owned wind farms to be built on common grazings, as the proposals would be detrimental to the interests of the landowners. The dispute boiled down to the respective rights of the landowner of a common grazing and the crofters in relation to the use of the land.
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Life, business and the law
The law never stands still, and the way it applies to you and your organisation is constantly evolving. Our people are on top of these developments and can keep you up to date with some of the most interesting aspects of these changes. Check out our articles and updates for our perspective on issues that might affect you.
For employers who are considering making employees redundant or carrying out an organisational restructure, it is important that steps are taken to ensure that their employees are treated fairly and lawfully throughout.
Recent Supreme Court ruling: pension transfer made in ill health does not attract an inheritance tax charge
A recent court judgement brings some clarity for those in ill-health looking to make changes to their pension pot. The case highlights that the motivations for making changes to the pension is key when determining if an IHT charge is applicable.
We have gathered a number of articles and news items of interest to those involved in renewable energy and other land-related projects.
Are standard securities an effective way to secure a landowner's obligations under an option agreement for a renewables development?
A standard security is most commonly used in Scotland to secure a monetary debt, such as the loan for the purchase of a property, but it is also possible for a standard security to secure obligations. Such securities are often utilised in the context of renewable energy developments to secure a landowner's obligations under an option agreement (Obligation Security). However, the law is unclear in relation to how such standard securities work and what remedies are available under them, which raises questions as to what they actually achieve in practice.