Shepherd and Wedderburn has advised on a £34.7 million funding deal that will lead to the construction of nearly 600 new homes.

Shepherd and Wedderburn supported FairBriar International in securing financial backing from the Homes and Communities Agency (HCA). This deal will support the development of FairBriar’s 24.5-acre Middlewood Locks mixed-use scheme in Salford, Greater Manchester.

The facility comprises £25.5 million of residential development finance to enable the fast-track delivery of phase two of Middlewood Locks. This phase will provide 546 new apartments across four buildings.

The remaining £9.2 million will help fund infrastructure and enabling works across the development, a residential and commercial neighbourhood located at the western gateway to Manchester’s central business district.

The Shepherd and Wedderburn team that advised on deal was led by Sally Morris-Smith, a partner in the London property and infrastructure team, working alongside Patrick Bell, Lucy Hall and Katy Fitzpatrick of the firm’s banking and finance team, and Andrew Blain, Head of Shepherd and Wedderburn’s Corporate Division.

Sally said: “This is one of the region’s regeneration projects, which promises to transform the local area and create much-need housing and valuable local amenities close to Manchester city centre. We are delighted that we were able to support FairBriar, a long-standing and valued client, in securing the substantial funding needed to progress the ambitious project that will make such a positive contribution to the local community.”

FairBriar International is a joint venture led by Leeds-based Scarborough International Properties.

Simon Marshall, Joint Chief Executive of Scarborough International Properties, said: “Major sites, such as Middlewood Locks, are key to meeting housing demand in areas of strong economic and demographic growth such as Greater Manchester.

“We look forward to working in partnership with the HCA through to the completion of this very important development.”

Nick Walkley, Chief Executive of HCA, added: “This loan is a great example of how we can help developers create new communities, which will provide more of the homes that people need, and do so quickly – completing almost 600 homes by this time next year.”

Currently under construction, the first phase of Middlewood Locks will provide 571 one-, two- and three-bedroom apartments, with the first wave ready to occupy in spring next year.

When completed, the scheme will provide 2,215 new homes, 900,000 sq ft of commercial space, a hotel and a new urban development.

With 2018 just over the horizon, don’t be one of the 80% of people whose New Year’s resolutions fail.

From running your first 5km to learning CPR, this month’s Chest Heart & Stroke Scotland blogs will inspire and motivate you to set achievable goals for next year!

Plus, enter the competition to win a pack of luxury CHSS Christmas Cards, and join CHSS for their annual Carols at Christmas Concert.

Subscribe to the quarterly newsletter here: https://chssi.org.uk/livebetterblog-newsletter

The introduction of Part 10 of the Land Reform (Scotland) Act 2016 has brought, as many are aware, an improvement in the options available to a 1991 Act tenant when considering a transfer of an interest in the tenancy.

Whereas under the existing Agricultural Holdings legislation it was already an option to the tenant to transfer his interest in a 1991 Act Tenancy either on death or during his lifetime, the category of people who could benefit from such a transfer without the risk of an incontestable notice to quit from the landlord, i.e. the “near relative successor” group, was quite narrowly defined. The near relative successors, who benefit from the availability of restrictive grounds of objection available to the landlord, originally only included the surviving spouse, surviving civil partner or a natural or adopted child of the tenant. The near relative successor group was expanded in 2012 with the addition of a grandchild. Although this was a welcome step forward, it did not provide a solution to tenants who wished to retain the interest in the 1991 Act Tenancy within the wider family. Particularly where in a farming business involving a brother or sister or other close relatives where there were no children of the tenant.

As most tenants and landlords are aware, the near relative group has now been expanded to a much larger family group which includes for e.g. a parent, a son or daughter-in-law, a sibling, a sister or brother-in-law or their further offspring. This widening of the “protected” group of successors does give the tenant who is planning for succession after death or upon retirement during lifetime a much wider choice as to who may benefit after his death or retirement from his interest in the tenancy. This of course has to be looked at hand in hand with a number of other provisions in the 2016 Act such as the Amnesty provisions for Tenant’s improvements and not in the least, the provisions relating to the Relinquishing and Assignation of Holdings. The latter in general terms, allows a 1991 Act tenant to serve notice on his landlord that he will quit the holding provided the landlord pays him the compensation provided for in the Act. If the compensation is not paid or the landlord does not wish to accept the tenant’s proposal, the tenant is then free to assign his interest in the tenancy to a new entrant to farming or to an individual who is progressing in farming.

So how may this work in practice? Imagine a scenario where a 1991 Act tenant does have children, however they are not interested in continuing on the farm, nor in taking on the tenancy interest. The current tenant does however wish to secure the value of his tenancy for his own family and children. Before the 2016 Act the tenant did not have many options available to him. Unless an agreement could be reached with the Landlord, he could, as many did, continue on as a tenant on the farm until his death. If there was nobody to transfer the interest to at that point, the tenancy would most likely terminate with any available way going claims becoming available to the tenant’s estate. The real value of the interest in the tenancy, however, would be lost.

Under the 2016 Act the tenant now has a number of options. Firstly, the tenant may either upon his death or during his lifetime assign his interest in the tenancy to a family member within the wider near relative group, for example, a nephew. In Which case, the value of the tenant’s interest would be secured within the wider family. However, this does not provide for a value to be transferred to the tenant’s own children. We need to consider whether in such a scenario, the payment of a premium by the proposed new tenant is an option. I don’t see why it could not be. As such we would effectively see a “sale” of the 1991 Act tenancy interest, thus providing for a value to be made available to the original 1991 Act tenant and his own family, children etc. Secondly, the tenant may decide to retire and make use of the relinquishment and assignation provisions. Again this would secure for the tenant either a compensation payment by the landlord or payment of a premium by the new entrant or individual progressing in farming who is to receive the benefit of an assignation of the lease.

It does not take much imagination to envisage the creation of a market in 1991 Act tenancies available for assignation. Whether this would result in increased availability of tenancies to new entrants remains to be seen.

We are seeing increased activity from Landlords with a rise in the number of discussions taking place between Landlords and Tenants on a possible relinquishment of the tenancy. This of course before the relevant provisions are in force in law and no doubt in anticipation thereof.

It is important, now perhaps more than ever, for tenant farmers to carefully consider their succession planning, this hand in hand with the opportunities offered for increased value as a result of the Amnesty provisions in relation to tenant’s improvements. When considering options careful consideration needs to be given to the effect any actions proposed may have on the tenant’s Inheritance Tax position and other applicable taxes and more particularly the effect of retirement or transfer on the available Business Property and Agricultural Property Reliefs available.

For more information on land transactions and tenancies please contact the Rural Land and Business team at Blackadders.

Often international rugby has found itself playing second fiddle for bars in Scotland with football being the main showing on screens across the country. However, Brewhemia in the heart of Edinburgh is looking to change that.

The newly opened bar, located on Market Street opposite Waverley Station, has provided Edinburgh with a unique and groundbreaking venue. It’s Scotland’s only Beer Palace, which boasts the UK’s largest selection of tank beers, and it offers regular live music and entertainment unlike anywhere else.

With five different areas (all with different themes) covering 29,000 square feet, there is a reason it was said to be ‘the biggest bar opening Edinburgh has seen in years – maybe ever.’

In short, this was never going to be more of the same old and the same applies to the sport they offer. “Since the idea of Brewhemia was born, Scotland Rugby was to be the main sport we’d show”, the words of General Manager, Daniel Wylie. “Given the significance of the game to Edinburgh, we wanted it to be our number one priority.”

This passion for the sport was reaffirmed with the launch of the venue, at the end of July this year. Their guest for the evening was Scotland and Lions star, Finn Russell. “Having Finn along for the launch was brilliant and the reaction of guests on the night really did solidify our desire to make rugby our number one focus. This also got us thinking, how can we bring a new take on how supporters can enjoy the game?”

Not only will Brewhemia be showing all three of the Autumn Internationals on their big screen projector, they will also be hosting a special pre-match brunch before each match. “We wanted to go above and beyond the standard,” said Daniel. “As rugby fans ourselves, we thought about what we would love before travelling to a match or watching it live. We then came up with the idea of the pre-match brunch.”

This isn’t just any ordinary brunch either. With a gorgeous meal and two pints of a specially selected beer included with the ticket price, fans will be on the right foot before heading to the match. Plus, most importantly, the brunch will feature a special Q&A session with a former Scotland International.

“We are really proud of the offering we’ve put together. We’ve worked with Gordon Hood (founder of The Rugby Partnership) and we’ve got three fantastic guests. This will give attendees the opportunity to ask questions and get a fascinating insight into the national team, past and present, before watching them in action.”

Attending the brunches will be Hugo Southwell (v Samoa), Simon Taylor (v New Zealand), and Ally Hogg (v Australia), who combined have over 170 Scotland caps.

The brunches are also just the starting point for the future, with six nations plans already in the pipeline for 2018 and the years to come. “We can’t wait for the Autumn Internationals. It has got all of our staff excited and created a real buzz. We know that will come across during the matches and as prepare our plans for February next year.”

Tickets for the pre-match brunches are extremely limited at just £19pp and can be purchased via the Brewhemia website.

A lot of people think that if you park your car in a private car park owned by, for example, the local supermarket or a big hotel, and you get a penalty ticket due to overstaying, or not being a customer, you don’t have to pay it. “Only the state can fine people”, they say, “and since when is Morrison’s the state?”

You may also hear: “There’s no law of trespass in Scotland. I can’t charge you £85 just because you walked into my front garden, can I?” Or: “If this is legal, what’s to stop them charging you a million pounds?” So the advice about the penalty ticket is – bin it. But is that correct?

Normally a matter as trivial as an £85 parking ticket would barely make it to the Sheriff Court, and we would be left guessing what the law on the matter might be. But, extraordinarily, a case deciding this very point went all the way to the Supreme Court in 2015, and the judgment makes for interesting reading.

The case concerns a Mr Beavis, who left his car in the car park attached to the Riverside Retail Park in Chelmsford. There were about 20 signs at the entrance to the car park and at frequent intervals inside it, all large and prominent, so that any reasonable user of the car park would have had a fair opportunity to read them. The wording, mostly in black print on an orange background, was:

“2 hours maximum stay. Failure to comply with the following will result in a Parking Charge of £85. Parking limited to 2 hours (no return within 1 hour).”

The court held that this amounted to a contract between Mr Beavis and the car park. Mr Beavis had permission to park his car in terms of the notice posted at the entrance, which he accepted by entering the site. He was well aware of the terms when he parked, or ought to have been aware of them. Those terms were that he would stay for not more than two hours, and that if he overstayed he would pay £85.

Mr Beavis’ solicitors accepted that there was a contract, but argued that the £85 charge fell foul of a well-established rule that “penalty clauses” in contracts are unenforceable.  These are clauses in contracts which say that in the event of a breach, the defaulting party will pay some exorbitant amount of money to the other party, out of all proportion to any loss which can have been suffered.  The car park, they said, had not suffered any loss at all in reality, so the purported charge was simply intended as a punishment, and was an unenforceable penalty.

The Supreme Court disagreed. They thought that it was perfectly reasonable for the car park to discourage inconsiderate motorists from occupying parking spaces for too long, thereby reducing the space available to other members of the public. Also, the charges were necessary so that the car park could make a profit and be able to stay open. In these circumstances the car park had a legitimate interest in imposing the £85 penalty, and this was the only reasonably practicable way to enforce its interests. £85 was not out of the way in all the circumstances, bearing in mind the usual level of penalties imposed by traffic wardens on public streets.

So, Mr Beavis had to pay up. Fortunately for him, this was a test case for the car parking industry and it had been agreed that there would be no cost implications for him in taking the case to the Supreme Court, or it would have been the most expensive parking ticket in history.

In April this year a similar case appeared in the humbler surroundings of Dundee Sheriff Court. In this case a Ms Mackie persistently parked in a private car park outside a relative’s house. Signs showing the parking terms and warning her of the penalties for overstaying were displayed prominently. She ignored the signs and binned the penalty notices as she received them, eventually racking up a total of £18,500 in penalties. Sheriff George Way found her liable to pay the car park this sum, on the same reasoning as the Beavis case.

The correct legal position is therefore that if you drive to a private car park where the terms and conditions are clearly displayed along with a warning of the penalty charges, and you park there, you may be agreeing to those charges. So long as the penalty charge is not unreasonable, the likelihood is that will be liable to pay it.

Of course, the situation would be different if the terms and conditions of parking were not clearly displayed, or if the penalty were a ridiculously huge sum. Also, intriguing legal arguments could still spring up in other circumstances over whether a landowner has a “legitimate interest” in imposing a penalty on trespassers. However, in most cases, it seems that if you get a private parking ticket the “just bin it” advice is not good.

For more information or advise on this, contact the Dispute Resolution team at Blackadders.

• Autumn conditions mean heavier leaf fall by mid-October
• Annual performance at 91.1 per cent
• Daily rail clearing teams keep network open as part of £2.6m investment

New figures published today show that leaf fall so far this autumn is more than double what it was at the same point last year.

The figures show that 52 per cent of leaves have fallen already – compared to 24 per cent by this week in 2016.

The information was published as the latest ScotRail Alliance performance figures were released.

The ScotRail Alliance’s moving annual average – the rolling performance for the previous 12 months – now stands at 91.1 per cent. This means 91.1 per cent of trains arrived within five minutes of their scheduled time.

This remains above the UK-wide performance for the previous 12 months, which stands at 88.4 per cent.

The ScotRail Alliance’s performance for the four weeks to 14 October 2017 was 88.3 per cent.

Leaves on the line mean drivers must brake and accelerate more slowly than normal, which causes delays and disruption. Other factors impacting performance in recent weeks include four incidents of cable theft or vandalism, a fault with overhead wires, and an empty third party locomotive mistakenly passing a red signal, resulting in all signals on that line turning red. This meant all trains on that line were stopped until Integrated Control could establish why this happened and resume safe operations.

The ScotRail Alliance is investing £2.6million to keep the trains moving during the autumn – including 11 leaf fall teams and a fleet of seven specialist leaf-busting trains.

ScotRail Alliance Infrastructure Director David Dickson said:

“Our investment and efforts to keep our network open in autumn are paying off. We understand just how important it is to run a punctual, reliable service for our customers. That’s why we are investing £2.6million to keep people moving during the autumn.

“While often scoffed at as an ‘excuse’ for delays, leaves on the line are a big problem for the railway as they make rails dangerously slippy. We’re tackling the difficult conditions created by leaf fall every day just now.

“This has been a challenging few weeks, but we are doing everything we can to address any problems that arise quickly, to take preventative action wherever possible and make sure that our customers are given good quality information. It’s all part of our plan to build the best railway Scotland has ever had.”

Picture caption – One of seven Railhead Treatment Trains in action at Stirling.

Ahead of the Chancellor’s Autumn Budget on November 22, the British Chambers of Commerce (BCC) is urging the government to take immediate action to halt the expected 3.9% increase in business rates valuations next year, as part of a bold Budget that seeks to boost the UK’s productivity.

The UK’s leading business group, which represents almost 75,000 companies employing almost six million people in every region and nation of the UK, calls on the Chancellor to take action now to get the UK economy ready for when the country leaves the European Union.

The BCC proposes pausing the Corporation Tax roadmap, with the tax remaining at 19% until after Brexit – with the resulting revenue ring-fenced to help ease the burden of up-front taxes and costs that hit business cash flow and undermine investment.

The BCC calls on the government to take bold action across three key areas, to help businesses deal with the challenges and opportunities that Brexit provides, kickstart a productivity surge, and ensure that the domestic economy is in the best possible position on day one of leaving the EU:

• Tackling the upfront cost of doing business – pledging not to introduce any more input taxes and other significant costs, abandoning the annual uprating of business rates for the next two years, and removing plant and machinery from business rates valuations.
• Incentivise business investment during the Brexit process – through the introduction of a ‘Brexit Special’ Annual Investment Allowance, temporarily increasing the limit to £1 million.
• Fixing the fundamentals – committing to ensuring complete voice coverage on mobiles by 2020, and kickstarting infrastructure projects vital to our economic future, from Northern Powerhouse rail and Crossrail 2, to bringing forward investment in the road network.

Dr Adam Marshall, Director General of the British Chambers of Commerce (BCC), said:

“At a critical moment for the UK economy, the Chancellor must be bold – and deliver a big budget that prioritises economic confidence and investment.

“The best possible Brexit deal won’t be worth the paper it’s written on if conditions for growth aren’t right here at home. The Chancellor has a unique chance to move the dial on growth and productivity now, leaving the UK in a position to succeed over the long term. Action to slash the up-front costs faced by business, to incentivise investment, and to improve mobile coverage and infrastructure would lead to a real boost to productivity, wages and trade.

“A Budget that prioritises goodies and giveaways rather than future-proofing the economy would be a dereliction of duty by the government as a whole.”

On business rates:

“It would be unconscionable for the government to use September’s inflation figures to slam businesses with a huge rise in rates, particularly when they already face spiralling up-front costs. A failure to act would hit the high street, manufacturers and others hard – and undermine the sort of investment we need to boost productivity.”

On investment:

“Too many companies are playing a wait-and-see game at the moment. We need a big, bold incentive to get more firms investing – particularly ahead of the Brexit transition.”

On infrastructure:

“A sugar hit for voters would quickly fade, but the protein boost provided by increased investment in infrastructure and digital connectivity would be felt for decades. Ramping up infrastructure investment across all regions and nations of the UK, and getting long-planned projects off the drawing board, gives a huge boost to business confidence and creates both jobs and business opportunities.”

The electrification of the Edinburgh to Glasgow mainline took positive steps forward on Wednesday, as the ScotRail Alliance prepares for full testing of its new trains on the electrified route.

One of the new Class 385 electric trains – which has still to be fitted with interiors – successfully travelled between Edinburgh and Linlithgow at 02:00 hours on Wednesday 18 October.

This marks clear progress for the infrastructure as this is the first time that an electric train has travelled on any section of the route.

When the final safety checks on the infrastructure along the remainder of the route are complete, full testing of the new trains will begin.

The new fleet will enter passenger service over the next few months, offering faster journeys, more seats and better services for customers travelling between Scotland’s two biggest cities.

ScotRail Alliance Programmes and Transformation Director Ian McConnell, said:

“Yesterday’s trial was a hugely important step towards completing the electrification of the line between Edinburgh and Glasgow. Having a train run on the route is one of the final phases of the electrification process. That it has gone so well tells us that we are almost ready to begin the next stage – which is to start fully testing the new trains themselves.

“We are building the best railway that Scotland has ever had. When we replace the diesel trains with the brand new, state of the art, electric fleet we will deliver enormous benefits to our customers. Cleaner, greener travel – with more seats and faster journeys will completely transform travel between our two biggest cities.”

Hitachi Rail Europe Programme Manager Andy Radford, said:

“It’s positive so see that progress is being made on Edinburgh to Glasgow electrification.

“We’re hopeful that we’ll be given permission to start full testing soon so we can guarantee the trains can run for passengers safely. We’ve now got trains at our factory in Newton Aycliffe ready to travel to Scotland as soon as they can run on new electric power line.”

The latest publication of the monthly UK House Price Index (UK HPI) shows that the average price of a property in Scotland in August 2017 was £146,354 – an increase of 3.9 per cent on August in the previous year and a decrease of 0.7 per cent when compared to the previous month.

This compares to a UK average of £225,956, which was an increase of 5.0 per cent compared to August in the previous year and an increase of 0.5 per cent when compared to the previous month.

The volume of residential sales in Scotland in June 2017 was 10,473 – an increase of 19.3 per cent on June 2016 and an increase of 26.2 per cent on the previous month. This compares with an annual decrease in sales volumes of 11.0 per cent in England and annual increases in sales volumes of 1.4 per cent in Wales and 5.0 per cent in Northern Ireland (Quarter 2 – 2017).

Registers of Scotland registration and transformation director Charles Keegan said: “Residential sales volumes have taken a boost in June, with volumes hitting a five figure total for the first time since March 2016. The volume in June 2017 was 10,473, while the volume of sales recorded in March 2016 was 11,017. However, the 2016 figure is likely to have been enhanced by house buyers seeking to finalise purchases prior to the introduction of changes to the Land and Buildings Transaction Tax that came into effect on 1 April 2016. Sales volumes in Scotland also continued to perform well in comparison to the other countries of the UK.

“Average prices in Scotland also continued their upward trend in August with an increase of 3.9 per cent when compared to August 2016. Average prices have been steadily increasing each month since March 2016, when compared with the same month of the previous year.”

The top five local authorities in terms of sales volumes were Glasgow City (1,224 sales), the City of Edinburgh (1,216 sales), Fife (704 sales), South Lanarkshire (674 sales) and North Lanarkshire (561 sales).

Average price increases were recorded in 28 out of 32 local authorities in August 2017, when comparing prices with the previous year. The biggest price increase was in the City of Edinburgh, where the average price increased by 10.4 per cent to £246,611. The biggest decreases were in Aberdeenshire and Aberdeen City, where prices fell by 5.7 per cent to £188,876 and by 4.8 per cent to £167,903 respectively.

Across Scotland, all property types, with the exception of detached properties, showed an increase in average price in August 2017 when compared with the same month in the previous year. Flatted properties showed the biggest increase, rising by 8.4 per cent to £108,772. The average price of detached properties decreased by 1.9 per cent to £240,241.

The average price in August 2017 for a property purchased by a first time buyer was £120,824 – an increase of 6.2 per cent compared to the same month in the previous year. The average price for a property purchased by a former owner occupier was £171,611 – an increase of 1.5 per cent on the previous year.

The average price for a cash sale was £135,802 – an increase of 4.7 per cent on the previous year – while the average price for property purchased with a mortgage was £151,197 – an increase of 3.5 per cent on the previous year.

Intellectual property specialist Marks & Clerk has hailed a consistent rise in the number of UK trade mark applications originating from Scotland – citing it as evidence of the country’s “strong and sustained entrepreneurial spirit”, particularly in the food and drink sector.

Recent data from the Intellectual Property Office[1] shows that trade mark applications from north of the border rose from 2,448 in 2015 to 2,736 in 2016 (11.7%), while registrations increased from 2,013 to 2,288 (13.6%) in the same period.

Campbell Newell, a partner in Marks & Clerk’s Edinburgh office, notes that the spike in applications particularly from Scotland’s food and drink makers – including a recent upsurge of craft brewers and distillers – indicates that the Scottish food and drink sector is thriving.

Campbell said: “Scotland has a long and proud tradition of producing ambitious entrepreneurs, and we continue to punch above our weight in so many sectors – be it food and drink or tourism. Despite a climate of economic and political uncertainty, we’re seeing a very healthy Scottish picture, and businesses are recognising the importance of protecting and investing in their trade marks.

“We’re seeing this replicated across our Edinburgh, Glasgow and Aberdeen offices, so there is every reason to be encouraged.

“It’s a huge tribute to Scotland’s entrepreneurial spirit, particularly in the Scottish brewery sector which has doubled since 2010 with 115 breweries operating in 2016, compared to just 55 in 2010. Start-up breweries have played a major role in that.

“It also further serves to reaffirm the country’s status as a leading marketplace for ambitious young businesses looking to make their mark.”

The data also shows Scotland has outperformed Wales and Northern Ireland in both areas.

Wales filed 1,372 applications in 2015, rising to 1,431 in 2016 (4%), and made 1,128 registrations, rising to 1,201 (6.5%) across the same period.

Meanwhile, Northern Ireland’s applications increased from 508 to 565 (11.2%), and its registrations rose from 409 to 447 (9.3%).

UK-wide, the trade marks picture has remained buoyant with IPO data showing applications have risen consistently, growing from 41,044 in 2011 to 65,710 in 2016. Likewise, UK trade mark registrations have risen from 33,172 to 54,222 over that period.

The UK’s patent filing meanwhile has remained largely steady across the past five years, with applications fluctuating only slightly from 22,256 in 2011 to 22,055 in 2016.