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Drafting real burdens and title conditions in dispositions—Scotland—checklist

Drafting real burdens and title conditions in dispositions—Scotland—checklist This Checklist sets out issues to consider when drafting real burdens and title conditions in dispositions in Scotland. It considers specific real burdens relating to use restrictions, alterations and works and personal real burdens. For further information on what real burdens are and their creation and interpretation, see Practice Note: Real burdens in Scotland—creation and interpretation. In relation to real burdens dealing with maintenance obligations, see Practice Note: Real burdens dealing with maintenance obligations in Scotland. In this Checklist, the property subject to the burden is referred to as the ‘burdened property’ and the property with the benefit of the burden, the ‘benefitted property’. Drafting considerations When drafting a disposition consider first whether it is necessary to impose real burdens. It may be sufficient to rely on: • common law, eg the common laws regarding boundaries • planning law (which will have a considerable impact on proposed land uses) • the Tenement Management Scheme (introduced by section 4 and Schedule 1 to...

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Business and human rights—issues for law firms

Business and human rights—issues for law firms It is increasingly acknowledged that human rights are not just a concern for nation states and international organisations. Business organisations operate around the world with increasingly complex structures and supply chains. Their operations can have a number of impacts, good and bad, on human rights. This has led to the development of a number of international initiatives aimed at increasing business awareness of, and respect for, human rights, chiefly the United Nations Guiding Principles on Business and Human Rights (UNGPs). As business organisations, law firms have a responsibility to respect human rights as set out in the UNGPs. Implementing the corporate responsibility to respect human rights can, however, be perceived as difficult to balance with lawyer-client relationships. This Practice Note sets out key issues for law firms when considering their business and human rights responsibilities in relation to their own business and supply chain and issues arising from client relationships. It also offers practical suggestions for implementing human rights policies and procedures within...

Mines and minerals in Scotland—issues for developers

Mines and minerals in Scotland—issues for developers For a lawyer involved in acting for clients who acquire and work minerals the most important aspect of the law will be ownership of these minerals and the right to work them. From a general property lawyer's perspective however the main issues are whether or not separate ownership of minerals will result in any loss of support for the surface and any buildings thereon and whether compensation is payable for damage occasioned. What are mines and minerals? Mines ‘Mine’ is defined by section 180(2) of the Mines and Quarries Act 1954 (MQA 1954) as ‘an excavation or system of excavations (including all excavations to which a common system of ventilation is provided) made for the purpose of, or in connection with, the extraction, wholly or substantially by means involving persons working below ground, of: • minerals (in their natural state or in solution or suspension), or • mineral products’ A mine includes so much of the surface (including buildings, structures or works on...

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Memorandum to board of directors/members/partners accompanying the draft Anti-slavery and human trafficking statement for approval

Memorandum to board of directors/members/partners accompanying the draft Anti-slavery and human trafficking statement for approval Summary Slavery and human trafficking remain major issues in world trade, despite the many dedicated efforts to prevent them. As many of you will know, our legal obligations to combat slavery and human trafficking in our business and supply chain have been substantially greater since the Modern Slavery Act 2015 (MSA 2015) came into force. I attach, for your review and approval, the draft annual slavery and human trafficking statement which the [company OR firm] is obliged to publish under MSA 2015. The statement, which applies to all our business[es], carries a short opening statement from [insert name of relevant individual] stressing that we are committed to preventing acts of modern slavery and human trafficking from occurring within our business[es] and supply chains, and that we are equally committed to imposing those same high standards on our suppliers. It will be signed off by [insert name and job title, eg CEO, Senior Member...

Ireland—Anti-slavery policy

General Modern slavery and human trafficking is a global crime which affects individuals and businesses worldwide. The risk to reputation and profit is real. Any organisation could be implicated in instances of exploitation and human trafficking if they do not make the necessary checks or take appropriate precautions. This Precedent Anti-slavery policy will help you ensure you have effective systems and controls to identify and avoid slavery. It includes recommendations from the following guidance: • Home Office: Transparency in Supply Chains, etc—A practical guide • British Standards Institute, BS 25700: 2022 Organisational responses to modern slavery guidance For further information about managing modern slavery and human trafficking risks see Practice Notes: How to manage modern slavery and human trafficking risk, Modern slavery risk management guide and How to prepare a slavery and human trafficking statement. Ireland—Anti-slavery policy Anti-slavery policy The Modern Slavery Act 2015 (MSA 2015 (UK)) is a UK Act which requires commercial organisations of a certain scale, and which are carrying on business or part of their business...

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Can company directors be prosecuted as individuals for offences under sections 1 and 2 of the Modern Slavery Act 2015?

Can company directors be prosecuted as individuals for offences under sections 1 and 2 of the Modern Slavery Act 2015? In answering this Q&A, research has been limited to cover offences under section 1 and 2 of the Modern Slavery Act 2015 (MSA 2015) and other possible offences under other legislation relating to trafficking have not considered. MSA 2015, ss 1 and 2 provide for offences of human trafficking and slavery, servitude and forced or compulsory labour. It includes sexual and non-sexual exploitation. It came into force on 31 July 2015. The offence of slavery, servitude and forced or compulsory labour is defined in MSA 2015, s 1 as: • a person held by another person in slavery or servitude and the person knows or ought to know that the other person is held in slavery or servitude • the person requires another person to perform forced or compulsory labour and the person knows or ought to know that the other person is being required to perform...

Is partial crystallisation of a floating charge possible?

Is partial crystallisation of a floating charge possible? Crystallisation of floating charges A floating charge may Crystallize by operation of law or it may Crystallize in accordance with a contract. Crystallisation by contract can by divided into those events that entitle the lender to give notice of crystallisation and those that result in the floating charge being crystallised automatically. For more information on how floating charges may crystallise, see Practice Note: Crystallization of floating charges. Most debentures will clearly set out which events will trigger crystallisation by notice and which will trigger the automatic crystallisation provisions. For more information, see Crystallisation of floating charges — Crystallisation by contract. Effect of Crystallisation Once a floating charge has crystallised, the key impact is that the chargor can no longer deal with the floating charge assets without the chargee's consent. In practice this will make it difficult for the chargor to run its business. From the chargee's perspective, this protects the value of the assets and the business and can...

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Forced labour imports raise criminal risks for UK retailers

Law360, London: On 1 December 2024, a BBC investigation revealed that certain tomato purees sold by UK and German retailers likely contain, despite having ‘Italian’ in their names, Chinese tomatoes.