Biggart Baillie Solicitors

The Development Management Scheme
The Development Management Scheme, a new and optional scheme for regulating the management of property developments, became available on 1 June 2009

Passing Off
Now more than ever it is important to protect the interests of your business and to make sure that these are not prejudiced by the acts of a competitor. What steps can you take if a competitor represents his goods or services as being those of your business? This is known as “passing off” and the law prevents one trader from passing off his good or services as those of another and benefiting from the reputation and goodwill built up by that business.

Bridging The Funding Gap
Companies that require funds for working capital or other purposes are increasingly finding that banks are unwilling to lend the full amount that the company needs or are unwilling to extend facilities of the amount previously available.

Spotlight On Cross Border Insolvency Issues
Which law applies is a question that must be addressed early in relation to any insolvency issues or process. Where a company is incorporated in Scotland the Scottish courts will have jurisdiction in relation to the insolvency process and the Scottish Insolvency Rules will apply.

Collateral Warranties and Step-In: What a Bank should know
Banks providing funding for a project need to know that their interests are protected and their options kept open in the event of a Borrower going into administration. Ian McCann narrates the reasons for having collateral warranties and the consequences of a Bank exercising its step-in rights through them.

How to Get The Rent Paid When Your Tenant is in Administration.
Many landlords are experiencing the effects of tenant administration. When a company goes into administration a moratorium takes effect which prevents a landlord form taking steps to terminate the lease without the agreement of the court or the administrator.

Fred’s Pension – Enhancing or Reclaiming Pension Benefits?
For many departing executives negotiating the right to have the pension they would have had had they continued to work to normal retirement date would be a very attractive element of a negotiated departure.

Headline Rents
How much rent would you be prepared to pay for premises where the first year was rent free? What if the first four years were rent free?

CVA – Another Way Forward For Distressed Retailers
Administration has been the insolvency procedure that has predominantly hit the headlines recently. However another process – the company voluntary arrangement (a CVA) – is resurfacing as a means of rescuing a company as a going concern.

Planning Appeals & Deemed Refusal – A Surprising Decision?
On 25 March 2009 the Court of Session issued a decision in the case of Vattenfall Wind Power Limited v Scottish Ministers. The consequences of the decision are potentially far reaching.