COVID-19 legal advice & support for business

We can provide advice on agreements between lenders and borrowers to restructure and/or waive loan terms (including financial covenants), the introduction of short term payment holidays and additional working capital funding solutions.

Recent updates 

Coronavirus: enforcement of gender pay gap reporting is suspended

Coronavirus Job Retention Scheme and furloughed workers - what you need to know

What do employers and employees do about holidays during the outbreak?

How to keep track of the most up-to-date, official coronavirus advice

Coronavirus: deferment of UK tax

Coronavirus update – have you asked your bank about the Coronavirus Business Interruption Loan Scheme?

Coronavirus advice for business – have you spoken to your bank?

Coronavirus: update for businesses on Government support package

Key contact

Find out more on our Banking and Finance page or contact Tony Cameron on: 

t: 0141 227 9518

m: 0779 947 7084

e: [email protected]

Tony has significant experience in acting for both lenders and borrowers in a wide range of transactions including acquisition finance, real estate finance, project finance, housing finance, asset finance, working capital solutions and restructuring/refinancing. View full profile. 

It is likely that in many situations, due to factors such as difficulties in obtaining raw materials, delivery services and staff absence, full performance of commercial contracts may not be possible.

Where performance by you or your supplier is at risk, whether or not that will result in an actual breach by you or your supplier of contractual obligations will depend upon the contract terms. There may be references to "force majeure", giving contract parties a basis to delay performance, but there is no statutory definition of this and so how it applies will depend upon the specific contract terms.

If you are concerned about such issues we can review contracts to assess the likelihood of non-performance giving rise to future claims against your business or your ability to enforce contract terms against third parties.  This may help you assess which contracts to prioritise.

Where insurance is involved, whether a valid claim can be made may depend upon when steps are taken by you and in particular whether your action is taken on commercial grounds or legal grounds, which may be linked to Government or other regulation being implemented and not just issued as guidance or recommendation.  If it does not affect you adversely, you may therefore wish to hold back on taking some action and we can advise what steps can be taken.

Recent updates

What do employers and employees do about holidays during the outbreak?

How to keep track of the most up-to-date, official coronavirus advice

Force majeure and frustration in a coronavirus world – dealing with commercial contracts

What responsibilities do employers have regarding employees and the Coronavirus?

Key contact

Find out more on our Business law and contracts page or contact Scott Kerr on: 

t: 0131 247 3336

m: 0774 087 7606

e: [email protected]

Scott is experienced in advising clients on a range of commercial contracts, including distribution, agency and franchise contracts (both in the UK and worldwide). Accredited as a specialist in intellectual property law by the Law Society of Scotland, he also advises widely on the registration and exploitation of intellectual property rights and related contracts, including web-based documentation.

Whatever the issue he is addressing, his focus is on achieving a simple and practical solution taking account of the commercial requirements of his client. View full profile.

In relation to your commercial real estate in Scotland, consider the timescales and deadlines that are set out in your contracts for purchase or sale or in your leases, whether as landlord or tenant. If there is an expiry date, a deadline for service of a written notice or another event that has a fixed deadline, you must ensure that you are aware of all the steps that require to be taken to comply with the stipulated requirements.

In certain instances, there will be specific requirements on the form of notice to be served, who serves it, where it is served and when it must be served. A failure to adhere to any of these requirements is likely to render the notice invalid and may have unwelcome consequences and, you should be aware that the deadline for serving a notice to terminate or quit at the contractual expiry date set out in a Scottish lease will not usually be specified in the lease document itself.

If such a notice is not timeously served then the relevant lease could continue on the same terms and conditions for another year notwithstanding the contractual expiry date.

Recent updates

How to keep track of the most up-to-date, official coronavirus advice

What responsibilities do employers have regarding employees and the Coronavirus?

Key contact

Find out more on our Commercial property page or contact John Meehan on: 

t: 0141 227 9622

m: 0773 612 9830

e: [email protected]

John is recognised as a "Leader in the Field" in both Commercial Property and Real Estate by Chambers UK Guide to the Legal Profession and a "Recommended Lawyer" in Commercial Property and Real Estate by The Legal 500. View full profile.

The impact of COVID-19 is such that all employers are being forced to look at how best to protect their business interests and their workforce. 

For the construction sector it is likely that construction sites/projects of all sizes will start to slow down until the outbreak is under control. 

Whilst health and safety of those working on site will be the principal concern, necessary safety measures will have financial impacts where progress of works will be inevitably interrupted and/or delayed. For employers, a delayed completion date can mean loss of income from completed projects and increased finance costs against which they will normally provide for payment of liquidated damages. Contractors will on the other hand incur direct costs for a prolonged period of applying their resources and incurring site overheads which they will look to recover by way of loss and expense claims.

Which party bears the risk of these delays and the contractual position for recovery of these costs will be of crucial importance to businesses going forward for recovery. It is likely that COVID-19 will be regarded as a force majeure event outwith the control of parties to contracts. Most contracts will contain express provisions for these events to allocate the risk and set out the rights of the parties and are a range of possibilities are commonly encountered. Understanding what your contractual rights are and the contractual procedures to protect these is critical (e.g. where the provisions are made conditional upon service of notices). 

If you have any concerns about health & safety, business continuity or whether you could be exposed to liquidated damages or loss and expense claims because of COVID-19, we are on hand to help you understand the extent of the risk - and to understand what your options could be to limit this risk.

Recent updates

What do employers and employees do about holidays during the outbreak?

How to keep track of the most up-to-date, official coronavirus advice

Closure of construction sites due to coronavirus: situation in Scotland and England

What responsibilities do employers have regarding employees and the Coronavirus?

COVID-19 in the construction industry: contract provisions & will liquidated damages be payable?

Key contact

Find out more on our Construction and engineering page or contact Michael Conroy on: 

t: 0141 227 9316

m: 0799 051 7720 

e: [email protected]

Chambers UK Guide to the Legal Profession lists Michael as a "Leader in the Field" in Construction Law, where he has been recognised for his years of experience in contentious and non-contentious construction matters. View full profile. 

No matter the sector you operate in, we get to know your business, immersing ourselves in your world and developing longstanding relationships which allow us to provide proactive solutions to complex business issues.

Recent updates 

Coronavirus - 17 key issues for employers to consider

Coronavirus: enforcement of gender pay gap reporting is suspended

Coronavirus Job Retention Scheme and furloughed workers - what you need to know

What do employers and employees do about holidays during the outbreak?

How to keep track of the most up-to-date, official coronavirus advice

Force majeure and frustration in a coronavirus world – dealing with commercial contracts

What responsibilities do employers have regarding employees and the Coronavirus?

Coronavirus: deferment of UK tax

Coronavirus update – have you asked your bank about the Coronavirus Business Interruption Loan Scheme?

Coronavirus advice for business – have you spoken to your bank?

Coronavirus: update for businesses on Government support package

10 key legal points for employers due to Coronavirus schools closure

Key contact

Find out more on our corporate law page or contact Paula Skinner on: 

t: 0141 227 9271

m: 0791 918 6049

e: [email protected]

Paula is recommended as a "Leader in the Field" in corporate law in Scotland where she is described as having "a particular specialism in advising start-ups, entrepreneurs and investors."  She is recognised for her expertise in crowdfunding, and a market insider reports: "There are no gaps in her knowledge or understanding of the market." (Chambers UK).  The Legal 500 regards her as a "Next Generation Partner" and The Law magazine listed her in the Hot 100 of Lawyers for 2015 across the UK (the only lawyer from a Scottish firm to be listed). View full profile.

The Scottish Courts and Tribunal Service have now stated that only urgent civil business (which includes the seeking of interim orders) will take place whilst restrictions imposed by Government remain in force. Court business across Scotland has been centralised to ten courts. For ongoing actions, that means that unless and until the process catches up with the restrictions, obligations to lodge and intimate documents will continue to apply.

We can assist you in ensuring that you meet all formal requirements of litigation across all of Scotland's courts and tribunals.

Recent Updates

How to keep track of the most up-to-date, official coronavirus advice

Closure of construction sites due to coronavirus: situation in Scotland and England

Force majeure and frustration in a coronavirus world – dealing with commercial contracts

Court Practice during the Coronavirus lockdown and what it means for you

Coronavirus: end to residential tenancy disputes and problems for landlord income

Key contact

Find out more on our Dispute resolution page or contact Andrew Upton on: 

t: 0141 227 9522

m: 07817762214

e: [email protected]

Andrew advises clients across both public and private sectors in relation to all litigious matters. His experience incorporates litigation at Sheriff Court and Court of Session level, principally contractual and property disputes, as well as actions at both the Scottish Land Court and the Lands Tribunal for Scotland.

Andrew regularly represents clients in the Sheriff Courts throughout Scotland, including Commercial Actions, and at the Lands Tribunal for Scotland and Scottish Land Court. View full profile. 

In order to give your business the breathing space it may require, we can assist with obtaining moratorium from action by creditors (including HMRC) through binding agreement or by the use of statutory moratorium processes.

Recent updates 

Coronavirus: changes to UK Insolvency law announced

How to keep track of the most up-to-date, official coronavirus advice

Coronavirus: update for businesses on Government support package

Key contact

Find out more on our Restructuring and insolvency page or contact Gordon Hollerin on: 

t: 0141 227 9586

m: 0772 099 8358

e: [email protected]

Gordon has over 25 years' restructuring, corporate recovery and insolvency experience. He advises banks and financial institutions, administrators and liquidators in large scale restructuring and insolvency assignments and supports some of the world’s top banks and financial institutions. View full profile. 

The potential lockdown and closure of businesses will affect the ability to recover invoice debt and separately may present you with difficulty meeting your own obligations. 

Where debt payment and debt recovery is likely to be difficult, early intervention is always recommended. 

We would be happy to discuss debt issues which you have.  We can present solutions for early intervention for debt recovery or alternatively to assist in discussions around the management of debt that you have. 

In addition, if there are concerns about debtors of yours going out of business, we can assist with early action to secure assets of that business to assist with the payment of your indebtedness. 

Recent updates 

How to keep track of the most up-to-date, official coronavirus advice

Coronavirus: update for businesses on Government support package

Key contact

Find out more on our Debt recovery page or contact Andrew Hunter on: 

t: 0141 227 9388

m: 07884 112 175

e: [email protected]

Andrew is a Partner in the Insolvency team, who won the prestigious "Insolvency Team of the Year" award at the Law Awards of Scotland 2012 and “Regional Insolvency Team of Year” at the 2014 Insolvency and Rescue Awards. His role involves providing advice to clients on debt recovery and insolvency matters, both at personal and corporate level. View full profile.

The widespread impact of COVID-19 on workplaces will lead employers to have to handle a significant variety of issues, including supporting business continuity such as: health & safety measures for staff; homeworking and care for dependents; restricting travel; pay for those self-isolating.

There are also business sustainability measures including: reducing workforce size temporarily or permanently; imposing changes to remuneration or benefit provision, or taking other measures including restructuring pay arrangements over time. 

Decisions can't be safely taken based on status, service or ability without risks arising, due to protections to part-time staff, to the ability to challenge employment status and the protections that flow from the Equality Act. Service contract cancellation can also give rise to difficulties under business cessation and transfer laws. 

With employers facing significant uncertainty, a prudent approach to forecasting may help and we can provide advice on how to mitigate the risks.  If COVID-19 passes but significant steps have had to be taken, employers need to avoid having a legacy of claims arising from taking the right action, but in the wrong way. 

Recent updates 

Coronavirus - 17 key issues for employers to consider

Coronavirus: enforcement of gender pay gap reporting is suspended

Coronavirus Job Retention Scheme and furloughed workers - what you need to know

What do employers and employees do about holidays during the outbreak?

How to keep track of the most up-to-date, official coronavirus advice

What responsibilities do employers have regarding employees and the Coronavirus?

10 key legal points for employers due to Coronavirus schools closure

Coronavirus COVID-19 - Postponement of IR35 reforms announced

Coronavirus: am I eligible for sick pay?

Key contact

Find out more on our Employment law for employers page or contact Bruce Caldow on: 

t: 0141 227 9339

m: 0788 411 9339

e: [email protected]

Bruce specialises in employment law and heads the firm's employment law practice. He advises in relation to both contentious and non-contentious matters and acts primarily for employers along with executive and senior-level employees before the Employment Tribunals and Employment Appeal Tribunal. View full profile. 

There is no disputing that we are all currently in uncharted waters. Franchising has always been a giving industry and our need to support and learn from each other, especially in relation to our duties to our employees, our franchisees, our suppliers and our customers as well as other stakeholders in our businesses, is greater than ever.

Keen to play our part, together with Platinum Wave consultancy and others , we have formed a group called the Franchise Advisory Board.  We will be holding a weekly conference call at 12 noon to give essential business guidance and advice and to share your thoughts and initiatives with each other in this unprecedented business climate.

We will have Franchise Consultants, Solicitors and Banks on hand to help guide the conversations, and we very much hope that this can continue to run on a weekly basis for the foreseeable future.

This is your chance to get advice on the issues affecting you and your network right now, so all your questions will be welcomed. We anticipate that the call will certainly include guidance on the following pertinent issues:

• What are my duties and obligations as both a Franchisor and as an employer?
• How do I approach contractual disputes and force majeure clauses?
• What can I do in relation to Business Continuity and can I invoke a business interruption claim in my insurance policy?
• How far should I go to support my franchisees – finance, stock, payment holidays, staffing?
• Importance of strong leadership
• Contingency planning – supply chains, staffing policies, working hours, offering reduced or deferred services

This is invite only so if you wish to join please email David Kaye using his details below.

Recent updates 

Coronavirus: enforcement of gender pay gap reporting is suspended

Coronavirus Job Retention Scheme and furloughed workers - what you need to know

What do employers and employees do about holidays during the outbreak?

How to keep track of the most up-to-date, official coronavirus advice

What responsibilities do employers have regarding employees and the Coronavirus?

Coronavirus: deferment of UK tax

Coronavirus update – have you asked your bank about the Coronavirus Business Interruption Loan Scheme?

Coronavirus advice for business – have you spoken to your bank?

Coronavirus: update for businesses on Government support package

10 key legal points for employers due to Coronavirus schools closure

Key contact

Find out more on our Franchising law page or contact David Kaye on: 

 t: 0141 227 9576

 m: 0771 104 8838

 e: [email protected]

David is an affiliate member of the British Franchise Association (BFA) and acts as legal advisor to the BFA Franchise Group in Scotland. He was the first Scottish Lawyer recognised as a 'Qualified Franchise Professional' by the BFA. View full profile.

Our Public Sector team is one of Scotland’s leading practices, acting for a wide range of Scottish and UK public authorities as well as those in the private sector who interact with the public sector. 

We provide clients with a full range of legal, regulatory, strategic and commercial advice, helping them to deliver services in an increasingly challenging environment.

Recent updates

How to keep track of the most up-to-date, official coronavirus advice

Coronavirus: end to residential tenancy disputes and problems for landlord income

Coronavirus and Freedom of Information - obligations and timescales to respond to requests

What responsibilities do employers have regarding employees and the Coronavirus?

Business Continuity Plans & Coronavirus – What Registered Social Landlords need to consider

Landlords and the Coronavirus: evictions, essential services, debt recovery and financial impact

Coronavirus and the third sector - What support is available to charities, social enterprises and community bodies?

Coronavirus and general meetings – what do RSLs need to know?

What Registered Social Landlords need to know about coronavirus and data protection

Key contact

Find out more on our Housing or Public sector pages or contact Derek Hogg on: 

t:  0131 247 2543

m: 0788 050 6977

e: [email protected]

Derek acts on behalf of many registered social landlords (RSLs), local authorities and other public bodies in Scotland with particular emphasis on governance, regulatory and constitutional advice and property and funding work. Derek regularly advises clients in relation to governance and constitutional matters, the application of legislative developments and the development and implementation of policy, as well as general advisory work. View full profile.

Our lawyers provide the full range of services that you and your family will require at every stage of your personal and professional lives. We have trusted advisers on a full range of personal, legal and financial issues to individuals and families across Scotland. Our main focus is to help you acquire, manage, safeguard and pass on your family wealth, and to help guide you through any difficulties that you and your family may face.

Recent updates

How to keep track of the most up-to-date, official coronavirus advice

Tackling domestic abuse and self-isolation

Top tips for ensuring self-isolation doesn’t mean family stress and disruption

Coronavirus Update - Child contact during self isolation

Coronavirus: deferment of UK tax

Top wellbeing tips to guide modern families through a difficult time

Coronavirus: how to help futureproof your finances by remortgaging your property

Coronavirus: how can I make a Will or Power of Attorney during the outbreak?

Key Contact 

Find out more on our making a will, power of attorney or our individuals and families pages or contact Pamela Niven on: 

t: 0141 227 9652

m: 0751 317 0384

e: [email protected]

Pamela has a wealth of experience in all aspects of private client work, having worked in this area for over 20 years. She has a particular interest in will drafting, estate administration and estate planning, including considering matters relating to Income Tax, Capital Gains Tax and Inheritance Tax. She has expertise in all aspects of Trusts, including lifetime Discretionary Trusts, Trusts in relation to pension and death in service benefits, and Will Trusts and is very involved in dealing with matters relating to the administration of an individual’s affairs, particularly involving the implementation of financial and welfare Powers of Attorney.

Pamela is recognised as a "Leader in the Field" in Private Wealth Law by Chambers UK Guide to the Legal Profession and a "Recommended Lawyer" in Personal Tax, Trusts & Executries by The Legal 500. View full profile.

As the Coronavirus measures have stepped up, the UK & Scottish Governments have declared that all pubs, clubs, restaurants and non-essential retail should close. Lockdown is firmly underway.

On-sale licensed premises can remain open for the purposes of take-away and delivery (though many are opting only to offer contact free delivery for health and safety reasons).

What should operators do?

Since the Government advice regarding these closures has changed from advisory to mandatory, we would reiterate our recommendations to operators that they should give careful consideration to all policies of business insurance to ascertain whether or not they are covered for losses that they will incur.

We can also provide tailored advice around the various Government schemes in place to safeguard employment, such as the Coronavirus Job Retention Scheme which is intended to safeguard jobs while employees are unable to work. The UK Government is expected to propose further assistance schemes for the self-employed after mounting pressure to equalise the financial rescue packages available to employees and business. When this is available we will be on hand to assist.

Social distancing

The Scottish Government issued Coronavirus (COVID-19): Business and Social Distancing Guidance on 25 March. For a business that has not been specifically ordered to close e.g. for premises operating as takeaway and delivery only, or indeed for many off sale premises which are essential food businesses, the guidance seeks to offer clarity on the recommended steps where the business is operating and therefore members of the public are not at home. The guidance provides:

• Ensure a distance of two metres between customers and shop assistance and take equivalent measures to protect workforce consistent with fair working principles;
• Let people enter the shop only in small groups to ensure spaces are not crowded
• Ensure queue control consistent with social distancing advice outside of the shop and other essential premises that remain open

The Guidance further confirms the "retail" premises that may remain open:

Supermarkets and other food shops, health shops, pharmacies including non-dispensing pharmacies, petrol station, bicycle shops, home and hardware shops, laundrettes and dry cleaners, garages, car rentals, pet shops, and corner shops. Off-licences and licensed shops selling alcohol including those within breweries, newsagents, post offices and banks.

Licensing laws still apply

It is important to remember that while certain rules around deliveries of food and takeaway might be regarded as "relaxed", the rules around delivery of alcohol remain in force. Equally there has been no relaxation of rules around areas of display and capacity of alcohol within licensed premises. Therefore any premises that wishes to alter this will require to apply for consent to vary their licence.

As most licensing boards are operating on a restricted basis, please seek our specialist advice on what changes might realistically be achieved at this time before making any changes to the layout of your premises. Whilst the famine for on sale premises is a short term feast for off sales premises, the strict rules under the Licensing (Scotland) Act 2005 remain in place.

Recent updates 

How to keep track of the most up-to-date, official coronavirus advice

Coronavirus: latest advice for licensed premise operators

Coronavirus: can licensed premises offer home delivery and takeaways?

Key contact

Find out more on our Licensing page or contact Andrew Hunter on: 

t: 0141 227 9388

m: 07884 112 175

e: [email protected]

Andrew is the lead partner of the Licensing team and is accredited by the Law Society of Scotland as a specialist in licensing law. He is the principal contact for the firm's liquor licensing clients, which include Belhaven Brewery Company Limited, Lidl UK GmbH and BP Oil UK Limited.  View full profile.

Sport is far from immune from the challenges posed by COVID-19, with all governing bodies, clubs and teams impacted. The ban on mass gatherings prevents the staging of events, but the questions as to what to do, whether to postpone, refund or replace, arise and sound advice is needed on the obligations incumbent on organisers. 

People in sport may have different employment status designations to their relationships, but significant care needs to be exercised in making decisions when relationship status can be challenged and give rise to problems. Participation in leagues or events will be governed by rules, and laws will apply, making decisions on cancellation or withdrawal difficult, and potentially actionable. 

Ticketing, hospitality, marketing and commercial stakeholder arrangements are all significant commercial arrangements that have multiple difficulties, not to mention multiple interested parties, all seeking reassurance.    

Arrangements for staging, participating or withdrawing from sporting competitions planned for later in the year will also need to be reviewed, and advice taken, to safely respond to the challenges faced. 

Recent updates

What do employers and employees do about holidays during the outbreak?

How to keep track of the most up-to-date, official coronavirus advice

What responsibilities do employers have regarding employees and the Coronavirus?

Key contact

Find out more on our Sports law page or contact Bruce Caldow on: 

t: 0141 227 9339

m: 0788 411 9339

e: [email protected]

Bruce leads the firm’s sports law practice. In this role Bruce advises the firm’s many sports clients in relation to regulatory, disciplinary and governance matters. Clients include the Scottish Rugby Union, for whom Bruce is the national team's lawyer, sportscotland, Scottish Swimming and Scottish Gymnastics Association.