Latest news from Young and Partners :: BusinessLaw.co.uk http://www.businesslaw.co.uk/news/green-bank-for-edinburgh Edinburgh is one of 32 cities to bid for the Green Investment Bank. There has to be a strong case for siting it in Scotland with its established on and off shore energy sectors, long history in innovative banking solutions and ambitious, indigenous industrial base looking to provide the answers to the technological challenges facing the industry. Andrew Smith, the head of our Renewables Team, commented,“The Green Investment Bank represents a great opportunity for Edinburgh and Scotland to further cement its place as a leading green economy” For the full story see http://nds.coi.gov.uk/content/Detail.aspx?ReleaseID=423083&NewsAreaID=2&utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+bis-news+%28BIS+News%29 http://www.businesslaw.co.uk/news/significant-green-invest Our renewables team was delighted to see that Korean giant Samsung Heavy Industries (SHI) is to base its first European offshore wind project in Fife in an inward venture worth up to £100m that is expected to create more than 500 new jobs in Scotland. This can only be good news for the Fife economy and Fife Council are to be commended for their role in delivering this project.  For the full story see http://www.investinfife.co.uk/index.php?s=news&p=news&e=samsung_chooses_scotland_ http://www.businesslaw.co.uk/news/major-hydro-deal-at-young-partners Young & Partners is pleased to announce that it has advised Green Highland Renewables Limited on its deal with one of Scotland’s major landowners, Forestry Commission Scotland, to develop multiple run of river hydro projects in Scotland. The deal envisages a series of separate projects on varying forms of a joint venture basis, some with multiple landowners and all with community benefits built in. Financing for the deal was raised in London. Green Highland Renewables specialises in developing small to medium scale hydro electric schemes. Their main focus is to provide advice and solutions to landowners on sustainable hydro schemes through the whole process of design, procurement and operation. The Young & Partners team was led by Neil Killick, partner (Corporate/Energy), supported by partners Tom Johnston (Land) and Ruth Waters (Construction). Neil commented: “We were delighted to work on this transaction. This project marks another major step for the Scottish hydro energy market, demonstrating that Scottish hydro projects are financially attractive. We look forward to the roll out of the individual schemes over the forthcoming months.” ContactNeil Killick, PartnerTel: (+44) 01383 745781E-Mail: nk@businesslaw.co.uk Andrew SmithPartnerTel: (+44) 0141 222 5978Email: aas@businesslaw.co.uk http://www.businesslaw.co.uk/news/tom-johnstons-guide-to-the-new-alcohol-act Tom Johnston has been commissioned to write a guide to the Alcohol etc (Scotland) Act for the licensed trade. The booklet, with a print run of 30,000, will be circulated to every convenience store and cash and carry in Scotland. The work has been commissioned by The Scottish Wholesale Association and Scottish Grocers’ Federation. The idea came about after Tom gave a series of presentations throughout the country to SGF and SWA members. It was made possible by sponsorship from some of the major players in the Scottish drinks industry, and is intended to promote responsible retailing in accordance with the new law effective from 1 October 2011, and published Government guidance. You can download a copy of the guide here. http://www.businesslaw.co.uk/news/mirella-marchini-joins-as-head-of-italian-desk Mirella Marchini, an Italian Avvocato and Scottish solicitor, has joined Young & Partners to head up our new Italian Desk. As the only - we think - lawyer dual-qualified in Italian and Scots law, Mirella can offer clients a seamless one-stop approach to problems in or connected with Italy.  From buying and selling property, family matters, wills and estates, corporate issues and recovering money or debts, Mirella's involvement saves having to employ lawyers here and in Italy.  Not only does this cut down on cost and generally speed up the process but, because Mirella is completely fluent in English and a native Italian speaker, there isn't anything lost in translation. Mirella can be contacted as follows:Mirella Marchini Email: mgm@businesslaw.co.uk Direct Dial: +44 (0) 1383 745775Office:  +44 (0) 1383 721621   http://www.businesslaw.co.uk/news/alan-d-stalker-to-give-seminar-on-contract-law Alan D Stalker, one of our partners, will be speaking at the 2012 LAW SCOTLAND event run by The Solicitors Group.  With 100's of solicitors expected to attend, this could well be the largest training event in Scotland for the legal profession.  Alan is well known for his experience in contract negotiations, drafting and disputes, and will be focusing on dealing with unfair contract terms: Are the terms incorporated? Brevity and plain English? Doing right by consumers? Reasonableness with businesses? We will be publishing the text of his fascinating talk after the event. http://www.businesslaw.co.uk/news/julie-sullivan-appointed-chairman-of-the-kingdom-business-forum-kbf Julie Sullivan, an associate in our Employment Team, has been appointed as Chairman of the Kingdom Business Forum (KBF). The KBF is a networking group which meets very Wednesday morning so that members can learn more about each other’s business and to share business opportunities and ideas with each other to get the most out of their businesses. Membership of the KBF is diverse and ranges from sole traders to partnerships and limited companies.  Julie said, “I am absolutely delighted at being appointed as Chairman of the Kingdom Business Forum.  As a business lawyer, it is important that I am aware of the issues which matter to all types of businesses, from the type of work that they do through to how businesses are managing in the current economic climate. Membership of the forum allows me to do that, as well as being really good fun!” http://www.businesslaw.co.uk/news/andrew-smith-joins-us-as-head-of-renewables Andrew Smith brings 5 years’ experience of advising clients on green energy and renewables projects to Young & Partners.  Andrew has been a solicitor for almost thirty years, specialising in commercial property matters.  Over the last 5 years he has increasingly focused on helping land owners, developers, investors and infra-structure providers develop sustainable energy projects in Scotland.Tom Johnston, managing partner of Young & Partners, said “we are delighted to have Andrew join us at such an exciting time.  Andrew’s great experience in leading transactions and advising on renewable investment is second to none.  On top of our existing expertise this gives us real fire-power in the marketplace”.Andrew Smith, the new Head of Renewables, said “given what can only be an ever increasing need to focus on alternative forms of energy, the renewables sector will increase in scale and importance. It is though a finite  market and  those companies quick enough to see the opportunity are the ones likely to benefit from this sector" http://www.businesslaw.co.uk/news/iain-k-clark-accredited-as-a-cepmlp-commercial-arbitrator Our partner Iain K Clark, Solicitor Advocate, has become one of the World's first accredited CEPMLP Commercial Arbitrators.   Along with Steven Walker, Advocate, and John Campbell, QC, Iain has been specially accredited as a commercial arbitrator by the Centre for Energy, Petroleum, Mineral Law and Policy, University of Dundee. He is now entitled to use the designation Comm Arb (CEPMLP).   This further enhances Iain's well-earned international reputation for arbitration, and will no doubt attract even more clients to use Iain in this growing field.  The CEPMLP is commencing a global programme of commercial arbitrator training with accreditation this September.  For details and booking, please click here.   http://www.businesslaw.co.uk/news/victory-for-the-co-op-and-young-partners Tom Johnston has successfully represented The Co-operative Food in a review application considered by Aberdeen Licensing Board. Following a single test purchase failure at a store in Springfield Road, Aberdeen, Grampian Police had sought a review of the premises licence, claiming that the business had breached the licensing objectives contained in the Licensing (Scotland) Act 2005. Accompanied by Adrian Hill, The Co-operative’s National Diligence Manager from Manchester, Tom explained the business’s detailed training policy and procedures to prevent such occurrences. Describing The Co-operative’s procedure manual as one of the best he had ever seen, Tom also explained the sophisticated checks and balances within the store’s till systems. It was quite obvious, he said, that the employee in question had simply had a careless moment. The business was able to demonstrate that the staff member had been fully trained, and that there was nothing else which it, as licence holder, could have done. The board agreed, and decided to take no action. Commenting on the case, Adrian Hill said, “I saw Tom Johnston in action at a licensing board a few months ago. When this case came up we decided he was the man for the job. We are very pleased with the outcome. It vindicates all the hard work we put into developing our systems and training our staff.”       http://www.businesslaw.co.uk/news/employment-update-may-june-2011 This is a sample from our latest Employment Update, containing a practical roundup of some key recent decisions.  The full Update is available free here. We are also taking bookings for our Breakfast Clinic on 21 June 2011 from 7.45 to 9.45 on the dangers of social media from an employers’ perspective.     Personal e-mails - Not necessarily private As we know, employees can be fairly dismissed for conduct occurring outside work if it affects their ability to do their job. This is a balancing act between an employer's right to protect its reputation and an employee's right to privacy.     The thorny issue of e-mails outside of work ... Read the rest of the article here.   Former Employees - be careful what you say We are all aware to be very careful when providing a reference for any former employee, but does the same duty apply to non-reference information?  In McKie v Swindon College [2011] EWHC 469 (QB), the High Court considered ... Read the rest of the article here.   Compromise Agreements - change in tax Formerly, higher rate tax earners, who were receiving a termination payment above the £30,000 threshold for tax-free compensation payments would only be taxed at … Read the rest of the article here.           http://www.businesslaw.co.uk/news/blogging-about-your-workplace Social media, such as Facebook or blogging generally, are fast becoming the normal way for people to communicate with each other.  You may yourself be a regular blogger. People blog about everything from what they watched on the TV last night to what they’ve had for breakfast that morning.   More and more though, employees are using social media as a means of sounding off about what’s happened to them at work.  As an employer, you have your business reputation to think about. With the potential for any adverse comments about your business to be seen by your existing and potential customers, you do not want your own employees to be communicating negatively about your business.   If they do, then you need to ensure that you have the proper policies and procedures in place so that you can take the appropriate disciplinary action against the offending blogger.   A properly drafted policy about the use of social media came to the benefit of JD Wetherspoon in a recent tribunal decision where after being subjected to verbal abuse and physical threats from two customers, an employee, while she was still on duty, commented on what had happened to her on her Facebook site. The employee then had various derogatory Facebook conversations with her friends about the customers. One customer’s daughter complained to Wetherspoons that derogatory comments about her mother had been made “very public.”  Disciplinary action was taken against the staff member, a Ms Preece, and she was then dismissed for gross misconduct.  Although the employee had the right to express herself, the Employment Tribunal  took the view that as Wetherspoons were entitled to try to protect their reputation, then they were entitled to act as they did and the dismissal was found to be fair.   A factor for the Tribunal in this case was that Wetherspoons had a social media policy which clearly allowed them to take disciplinary action for blogs which were damaging to them. In terms of their employee handbook, a failure to comply with the email, internet and intranet policy would amount to gross misconduct. It also referred to blogging and reserved Wetherspoons’ right to take disciplinary action should the contents of any blog, including pages on social media sites such as MySpace or Facebook, “be found to lower the reputation of the organisation, staff or customers and/or contravene the company’s equal opportunity policy.”  Given the ease with which employees can access social media sites through personal mobile phones, Blackberries etc, then if you don’t have an up to date social media policy, you should contact us NOW to find out what you need to do to ensure that your business reputation is protected and that you can take the necessary disciplinary action against any employee who threatens to damage it.  Speak to Julie Sullivan  (jks@businesslaw.co.uk t:01383 745 784) if you think this may have implications for your business.       http://www.businesslaw.co.uk/news/launch-of-our-employment-retainer-scheme   We recognise that many employers struggle to keep their knowledge of employment law and HR issues up to date.  In an increasingly litigious workplace, we offer employers peace of mind and a practical guide through the changes in legislation.   For those joining the retainer scheme, we offer a free audit of their employment contracts, policies and procedures, to make sure that their current documentation is fit for purpose.  Employers also receive free initial telephone and e-mail advice, which can be exceptionally useful if you are looking for an instant piece of advice or guidance without racking up legal fees.  Members of the Scheme would also be entitled to receive regular Updates and e-updates on important and interesting developments in employment law and HR.  We are skilled in the creation and provision of training programmes on a large number of subjects and to reward our retainer clients, we would be offering detailed training sessions at a reduced cost.  Finally, to reward employers for their loyalty there would be a reduction on any fees which are generated from a new matter.  For a no-obligation quote please contact Graham Millar (grm@businesslaw.co.uk t: 0141 222 5971); Ruth Waters (rxm@businesslaw.co.uk t:0141 222 5938 ) or Julie Sullivan (jks@businesslaw.co.uk t:01383 745 784).   http://www.businesslaw.co.uk/news/alan-d-stalker-to-give-seminar-on-converting-to-llp Alan D Stalker, one of our partners, will be speaking at the Central Law Training seminar on 21 June 2011 "Converting to LLP - a practical guide". Alan has advised many businesses (including in particular lawyers and accountants) on converting from a traditional partnership to limited liability partnership, and regularly lectures on this topic to the legal profession.   If you think this may be relevant to your business you can contact Alan on  01383 745789 / ads@businesslaw.co.uk.   http://www.businesslaw.co.uk/news/bribery-even-more-red-tape-from-westminster A parish in Norfolk has recently looked rather foolish by asking people to stop giving Christmas presents to Council employees.   The Ministry of Justice has attempted to calm down the good folk of Sprowston by suggesting that a supermarket voucher isn’t quite the end of civilisation as we know it.  But, and it’s a big “but”, bribery and corruption isn’t only about arms deals and multi-national companies.  SMEs – like our law firm, like your own business – can become embroiled in corruption and bribery just as easily and just as criminally.  The latest Bribery Act could soon be costing people their businesses and their freedom. As you might imagine some straight-forward things are prohibited:  if you take a bribe, or offer/make a bribe, you’re committing a crime.  That applies whether it happens here or abroad.  It can be about a contract with a private company or with a public organisation.  The individual(s) concerned could go to jail for ten years.  They, and their business, can also be fined vast sums of money.     ACTION POINT ONE:  DON’T BRIBE ANYONE!  ACTION POINT TWO:  DON’T BE BRIBED!                                                                   You may think that this doesn’t apply to your business.  It does.  And that’s because lots of things that we think may be perfectly normal could be regarded as bribery.  Let’s imagine I decide to take six of my favourite clients to the rugby: nice lunch, lots of wine, couple of taxis there, good seats, few more drinkies, taxis home.  Cost to me £900.  Is that bribery?   Is it:   A financial advantage to the client?  YES Intended to persuade these clients to deal with me?  YES   On the face of it, this could be bribery.  It isn’t as long as I’m only thanking them for past loyalty and the scale of the hospitality etc isn’t unreasonable.  If I’m doing this to try to secure future business (which plainly I would be) then we get into difficult waters.  Again it has to be reasonable in scale.  But if, by doing this, I’m trying to gain an improper advantage (getting onto a tender list, or being chosen over other more suitable suppliers, or whatever) we start to move into murkier waters still. If instead I don’t take them at all, but give a client those seven tickets, and pay for all of the hospitality etc, is that still reasonable?  What if it was 12 seats in the directors’ box at Hampden?  Four tickets to the Ryder Cup and a helicopter there and back?  At the other end of the scale, a hamper at Christmas?  A bottle of whisky?  A lift? At some point this becomes unreasonable even though it’s public and above board. That though isn’t the worst bit:  every business must have in place adequate safeguards to prevent bribery.  If there are no safeguards, and someone takes or makes a bribe, the business is just as guilty as the individuals concerned.  And then comes the time and money wasted in court.  And the fines for vast sums of money.  If you don’t have any safeguards in place, speak to a business lawyer urgently.   ACTION POINT THREE:  HAVE SAFEGUARDS AGAINST BRIBERY!                      Giving something – anything – can be seen as a bribe.  Be aware that you’re doing it.  Be mindful of the scale of what you’re doing.  And have systems in place so that what you give, or what you receive, happens against a background of rules to safeguard your business.  And take some advice before the police start knocking at your door.   ACTION POINT FOUR:  DISCUSS WHAT YOU DO WITH A BUSINESS LAWYER NOW!   Contact Alan D Stalker to discuss any issues this raises about your business.                                                                                                                                                       http://www.businesslaw.co.uk/news/employment-law-breakfast-clinic Many thanks to everyone who attended out Summer 2011 Employment Law Breakfast Clinic on 21 June 2011. The clinic looked at the employment law issues arising from employees’ use of social media, such as Facebook and Twitter.   Feedback suggests that the topic was interesting, and that there was much for clients' businesses including some practical steps on how to deal with the issues which arise with social media.  The presentation is available on-line.   You can find it here. http://www.businesslaw.co.uk/news/young-partners-training-provision Derek Hamill, one of our partners, has recently completed a BTech in professional/clinical education.  This is used in his ongoing delivery of tailored training for clients.  Derek provides a consultation service on commercial and legal issues facing Young & Partners’ clients, working with other teams within the firm to ensure the training needs of clients are met. Derek said “In many cases, we find that clients end up in a dispute simply because their staff made a mistake. What is worse is that it is often the case that employees act in good faith but simply have not been trained on the proper processes, or the legal or commercial significance of their actions.  Our training service helps identify and minimise these risks.” http://www.businesslaw.co.uk/news/renewable-energy-green-business The Renewable Energy Team, headed by Neil Killick, continues to expand its sphere of operations.  The firm is now a member of Green Business Fife with approximately 800 members active in the sector.  Ongoing projects include wind farms and hydro electric schemes.  Young & Partners are currently working with one of Scotland’s foremost hydro developers and hope to have as many as 40 new schemes on board in the next twelve months.  The team comprises Neil Killick, Ruth Waters and Tom Johnston.   http://www.businesslaw.co.uk/news/scottish-grocers-federation-roadshows In March, the firm will be participating a variety of events run by Scottish Grocers’ Federation.  SGF are running a total of five roadshows from Aberdeen to Dumfries to update their members on changes to alcohol and tobacco law.  Tom Johnston has helped in devising the course content and the firm will be giving a presentation at each of the roadshows.  Tom Johnston will also be giving a keynote address to the SGF Annual Conference in April when the topic of succession in the family business. http://www.businesslaw.co.uk/news/beware-the-unwitting-personal-guarantee A recent decision in the Scottish courts has clarified what a supplier needs to do in order to include a personal guarantee by a company director in a standard form contract.WHAT WAS THE CASE ABOUT?Ten years ago, the court made clear that a personal guarantee in a contract is something which is not unusual, but if it is to be included, fair notice of it must be given to the person giving the guarantee.In the recent case, a director signed a standard form contract [for plant hire] which included a section headed  “GUARANTEE” which went on to state that the person signing undertook to make full settlement of any money due to the supplier and claimed that the signatory was giving a personal guarantee of the debt and all related  costs. This section had a box for the director to sign.WHAT DID THE COURT SAY?The argument presented to the court was that the director signed only as a director of the company and not in a personal capacity. The court said however that the use of the heading “ GUARANTEE” and the fact that the detailed wording used the term “personally guarantee” was sufficient notice that the director signing was also undertaking personal responsibility and that by signing that section he must have been agreeing to bind himself personally.    WHAT DOES IT MEAN FOR ME AND WHAT SHOULD I DO?The effect of this case depends on whether you are the customer or the supplier.If you are being asked to sign any standard form contract on behalf of the company it is ESSENTIAL that you take time to read the document you are signing carefully. If you see a section headed “Guarantee” or “Indemnity” or see those words anywhere in a standard form contract DO NOT SIGN unless you are absolutely sure that you are prepared to accept personal liability. If you are uncertain ALWAYS ASK FOR OUR ADVICE – it cheaper to ask now than to wait until you have a problem.If you are the supplier, it does mean that it is not difficult to tie in a director to personal liability and, where you are dealing with a small company, it is well worth considering in the current climate. We will be happy to discuss how you can set up your terms and conditions to allow you to do this. Speak to Robin Millar (rm@businesslaw.co.uk; 01383 72161) if you think this might be relevant to you personally, or to your business. http://www.businesslaw.co.uk/news/irresponsible-promotion-whats-next When the 2005 Act was first mooted, some of the main talking points were paragraphs 7 & 8 of Schedule 3 – Pricing of alcohol and Irresponsible drinks promotions. I recall that shortly after it came on to the statute book there were many discussions about what would and would not be permissible. In practice, most licensees have simply gone along with what the local LSO has decreed. In part this is for an easy life, but the realpolitik is that most hard pressed pub, club and hotel owners simply cannot afford the many thousands which an appeal is likely to cost. Even if your friendly licensing expert were to offer a no win no fee service, the prospect of the council’s (with counsel’s) expenses is a very frightening one. It was therefore welcome to see the first judicial decision on the point, in the case of Mitchells & Butlers Retail Ltd v Dundee City Licensing Board. This was a decision of the Sheriff Principal on 6 December 2010. M & B issued student discount cards in respect of a pub in Dundee. These allowed a fixed discount to card holders. The scheme was not limited by time. The board had taken the view that this constituted a breach of Paragraph 7 of Schedule 3. As we all know, that paragraph prohibits changing the price of alcohol except (a) at the beginning of licensing hours, and (b) no earlier than 72 hours afterwards. The board’s reasoning was that the activity complained of constituted a price variation, in that discount card holders were paying a different price from non card holders. At a review hearing, a written warning was issued. M & B’s appeal was upheld. Both parties, and the Sheriff Principal, agreed that the wording of the Act was ambiguous. The Court accepted the argument that one should look to the purpose of the legislation, in this case to prevent happy hours and attempt to cut down binge drinking. As the price for discount card holders did not change, the Court held that the Act had not been contravened. In passing, the Sheriff Principal seemed to agree that there was no prohibition on different prices applying in different parts of the same licensed premises, eg a public bar and lounge bar. It is to be hoped that this common sense approach will spread, particularly in the interpretation of paragraph 8. Far too often LSOs have tried to be the judges of what that involves. In fact, such a promotion is defined in paragraphs 8 (2) and (3), (shortly to be extended by the Criminal Justice and Licensing Act 2010). Thus the offer of a free glass of fizz on Valentine’s Day or Mother’s Day is perfectly legal. Some idiots have tried to argue this is a “reward”. Following the M & B case, you have to look at the purpose of the legislation – to stop night clubs offering booze as prizes for games of doubtful merit and morality. But do be aware of the ways your clients can fall foul of the law. What about hospitality packages involving a free bar? Or your golf club dinner with unlimited wine? Both now struck at. This schedule requires careful reading. http://www.businesslaw.co.uk/news/tom-johnston-makes-an-impact-at-the-2010-scottish-grocers-federation-sgf-conference The next stage of alcohol reform is going through the Holyrood Parliament.  It will have significant impact on all convenience store operators.  Licensing and business law expert Tom Johnston of Young & Partners, Glasgow and Dunfermline, is legal adviser to SGF.  He explains some of the implications for the trade. Just when you thought you had got the hang of the new law, more changes come along.  In fact it is coming in two stages.  Holyrood is still dithering over the Alcohol etc (Scotland) Bill, which contains the controversial minimum pricing proposals.  In the meantime, the Criminal Justice and Licensing Bill has completed Stage 3, and will soon become law.   One of the most serious issues for the trade is the return of the legal doctrine known as “vicarious responsibility” (now often referred to, incorrectly, as “vicarious liability”).  This is not new.  The concept has been in licensing legislation for years until it disappeared on the first of September 2009.  Under the 1976 Act it meant that a licensee could be prosecuted for certain acts or omissions of his staff, including sales out of hours or to those under age. At present you can only be prosecuted if you perform such an act “knowingly”.  That is about to change.  It is important to appreciate that the range of people who can be prosecuted is much wider than simply the licensee... Click here to download the full article. http://www.businesslaw.co.uk/news/joanna-brynes-national-licensing-conference-aviemore-8th-and-9th-september-2010 Joanna Brynes was one of the key speakers at this year's National Licensing Conference, which took place on 8 and 9 September 2010 at the MacDonald Aviemore Highland Resort. Speaking about the Review Procedures under the Licensing (Scotland) Act 2005, Joanna explained the issues for the licensed trade and some of the practicalities involved in appearance at Review Hearings - a hot topic for those in the licensing field who were in attendance, including Licensing Board Members and officials, Police, Licensing Standards Officers, Licensing Forum Members, Alcohol Action Team Members and others interested in licensing. Click here for a copy of her presentation. http://www.businesslaw.co.uk/news/edinburgh-st-andrews-london-hamilton-cupar-singapore What’s this?   The list of forthcoming gigs for your favourite rock band?  Well no.....it’s the ‘International Arbitration Tour’ (as it has become known at Young & Partners) that Iain K Clark, Solicitor Advocate has been undertaking over the last few weeks on International Arbitration. Commenting on the ‘tour’ so far (see below), Iain said “It is an exciting time in Scotland right now, following the Arbitration (Scotland) Act 2010 coming into force on 7 June 2010, and that’s why I have been so busy in getting the message out to businesses, large and small, that there are so many more opportunities opening up for arbitration to be used as a preferred means of dispute resolution.  The flexibility of arbitration means that it can be used to resolve anything from simple contractual disputes over supply of goods and services to complicated, high value, commercial transactions. Also, we expect increased interest by businesses in Scotland, and throughout the UK, in the use of International Commercial Arbitration for resolving transnational disputes, particularly with the significant benefits of speedy recognition and enforcement of Awards internationally in any one of the 144 countries who are signatories to the New York Convention.” The ‘tour’ dates so far have been:23 June 2010, Edinburgh Iain was co-organiser and speaker at an international conference organised in conjunction with the Law Society of Scotland, the University of Edinburgh, Edinburgh Centre for Commercial Law, the Chartered Institute of Arbitrators, the Faculty of Advocates, and in association with the Royal Institution of Chartered Surveyors, and presented by some of the leading practitioners in Scotland and worldwide, to welcome the commencement of the Arbitration (Scotland) Act 2010.30 August to 3 September 2010, St AndrewsIn his capacity as member of the Global Academic Faculty, and Course Director and Visiting Lecturer at the Centre for Energy, Petroleum and Mineral Law Practice (CEPMLP) at the University of Dundee, Iain co-presented a 5 day Conference: “An Introduction to International Commercial Arbitration”.  Delegates came from around the world to the Old Course Hotel, St Andrews from Kazakhstan, England, Ghana, Uganda, Nigeria, Malaysia, to name just a few of the countries represented.  They were provided with detailed teaching about how to prepare for and conduct International Commercial Arbitrations, with the focus being on practical experience, including a full case study, concluding with a mock international commercial arbitration, chaired by Iain as Arbitrator.6 to 10 September 2010, LondonAgain, working in his capacity as Course Director at the CEPMLP, Iain co-presented a 5 day conference: “Natural Resources International Arbitration and Advocacy Skills”.  This time teaching was provided on both International Commercial Arbitration and International Investment Arbitration, the focus being on the natural resources sector.  Delegates ranged from other international arbitration practitioners to in-house counsel and other senior managers from some of the World’s leading natural resources multinationals, travelling from as nearby as France and the Netherlands, to as far away as Russia, Nigeria, Ghana, and Argentina.  Set in the historical surroundings of the Parliament Chamber, Middle Temple, there were a variety of different presentations relevant to the natural resources industry, including highlighting the pitfalls that can arise due to the subtleties of arbitration law and the complexities of natural resource contractual provisions and disputes, and ways to avoid them; exploring how to exploit the arbitration, mediation and other dispute resolution processes to best advantage; current issues in Investor-State Arbitration; and practical advocacy skills workshops, including how tactics and presentation skills in preparing and filing documentation in international arbitrations, and honing cross examination skills.15 September 2010, Hamilton16 September 2010, CuparIn partnership with Neil Stevenson of the Law Society of Scotland, John Campbell QC and Steven Walker, Advocate and Barrister, these Arbitration Roadshows were an opportunity for Iain and his colleagues to take the message about the new Scottish Act to practitioners at the grass roots, who might never have considered arbitration or international arbitration as a means of dispute resolution.  Those in attendance were given an outline of the key provisions of the Act, practical examples of how arbitration could be utilised by clients in a variety of situations from the small building works dispute in someone’s home to disputes in relation to short assured tenancies; and from the agricultural industry to the manufacturing, engineering and energy sectors - both at home and internationally, and in summary they were encouraged to THINK BIG!.18 to 22 April 2011, SingaporeFollowing the success of the recent conference in London, Iain is scheduled to present a 5 day conference on Natural Resources International Arbitration and Advocacy Skills in Singapore with the CEPMLP and other partners in Singapore, including the Singapore International Arbitration Centre (SIAC).  If you want more information or are interested in booking to attend this Conference, please click here. http://www.businesslaw.co.uk/news/fife-licensing-board-has-to-re-think-position-on-reviews-after-tom-johnston-highlights-defects-in-the-2005-act Tom Johnston, the firm's Managing partner and head of Licensing, recently appeared before Fife Licensing Board. The board had sought to review a premises license at Brannigans Hotel, Leven. Brannigans had been called before the Licensing Board on 13th September 2010 after police had allegedly been called out forty five times in one year. Board members themselves asked for the review, however, Tom Johnston pointed out that it effectively made them judge and jury of their own cause and therefore breached natural justice. While the board is perfectly entitled under the Licensing (Scotland) Act 2005 to call such a review, Mr Johnston pointed out that if members decided to suspend or revoke Brannigans' liquor licence, the matter would almost certainly go to an appeal with breach of natural justice cited as one of the main crimes. The Clerk to the Board, Frank Jensen, explained to members there may be some difficulty with the Legislation and the Scottish Government may have to resolve this in future. he went on to say "There are obstacles in the way the Legislation is written to allowing Hearings in a fair manner". The Board agreed to withdraw its review proposal. http://www.businesslaw.co.uk/news/iain-clark-invited-to-become-a-visiting-lecturer-to-the-centre-for-energy-petroleum-mineral-law-and-policy-cepmlp-at-the-university-of-dundee We are pleased to announce that Iain K Clark, Solicitor Advocate, has been invited to attend as a Visiting Lecturer to the Centre for Energy, Petroleum, Mineral Law and Policy (CEPMLP) at the University of Dundee.  Both Iain and Young & Partners are honoured to have this opportunity to be associated with the CEPMLP, which is the internationally renowned graduate school in the field of international business transactions and natural resources, energy law and policy.  It provides some of the best training available to lawyers and non-lawyers from all around the world.  Congratulations to Iain for this recognition of his experience in International Commercial Arbitration.  Please watch this space for a report on the Conference.