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Scotland

Award winning legal services in Scotland

As Scotland’s Law Firm of the Year 2019, CMS advises national and international businesses to consolidate or expand, reinforce their defenses and seek new opportunities.  

Aberdeen, Edinburgh and Glasgow based lawyers are firmly embedded in their local markets and have the resources and infrastructure of a global organisation behind them.  With over 400 people here, we are serious about Scotland.

We have an exceptionally strong focus on national businesses that include start-ups, government bodies, manufacturers and investors.  We also work with some of the largest conglomerates operating around the globe.  Clients often tell us that our genuine ability to assemble the right teams, wherever they are located, sets us apart from other firms.  The expertise of over 4800 lawyers in over 40 countries cities can be mobilised quickly to create the best team for every situation.

And we are clear that our business is a people business. We have a culture of authenticity and inclusivity, encouraging everyone to be 100% themselves.

CMS Scotland is a Times Top 50 Employer for Women and has consistent top tier rankings in our key specialisms such as Corporate/Commercial/M&A, Banking & Finance, Real Estate, IP/IT, Telecoms, Energy/Power/Oil & Gas, Dispute Resolution, Life Sciences/Healthcare, Infrastructure/Projects, Public Sector, Education and Transport.

Proud to support our local communities in Scotland

Commitment to Corporate Responsibility sits at the heart of CMS.  We have an award-winning programme that makes a real impact.  We focus on five areas and are 100% committed to the UN Sustainable Development goals.  Just some of our activities in Scotland include:

  • All three offices are powered 100% by renewable energy
  • Sponsoring and participating in PRIDE in Glasgow and Aberdeen
  • the first law firm to become an Ally firm to the Glass Charter
  • working with the Scottish Ethnic Minorities Lawyers’ Association

Find out how CMS in Scotland can help your business by contacting us now

The following people are available 24/7 to direct your query to the best person, or contact one of our office managing partners:

To Find out more about how we can help your business in Scotland, please feel free to visit us, contact one of our contacts detailed above or just give us a call.

Scotland: building opportunities

CMS Scotland worked with a number of key industry leaders and surveyed over 100 executives of four of Scotland’s most important future industry sectors to create our Thought Leadership report Scotland: Building opportunities.

This report explores a number of Scotland’s key sectors – renewable energy, life sciences, food and drink and technology.  A key element of our research was interviewing leading figures from each sector to understand how they are responding to an uncertain economic climate and cautious investors.  We gain a lot of valuable insight from these interviews and contrast these sectoral perspectives with the overall economic picture.

To find out more about how Scotland’s key sectors view Brexit and how they are using technology and innovation download our CMS Scotland: Building opportunities report.

Scotland global brochure cover image

 

 

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ESG dis­cus­sions on the core areas that need to be con­sidered to min­im­ise...
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CMS Equip Scot­land
Sup­port­ing start-ups in Scot­land

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09 April 2021
Post-em­ploy­ment no­tice pay - two changes this week that may re­quire em­ploy­ers...
Fur­ther changes to the ap­plic­a­tion of the post-em­ploy­ment no­tice pay (“PENP”) rules were in­tro­duced on 6 April 2021. Re­cap of cur­rent po­s­i­tion By way of re­mind­er, in April 2018, HM­RC re­moved the dis­tinc­tion...
08 April 2021
Pack­age hol­i­day op­er­at­ors may be li­able for the crim­in­al acts of hotel...
The Court of Justice of the European Uni­on has handed down its much-awaited judg­ment in X v Kuoni Travel Ltd C-578/19 on the cir­cum­stances in which pack­age hol­i­day op­er­at­ors can be li­able for the ac­tions...
08 April 2021
The Hill Re­port – a plan to re­vital­ise the UK cap­it­al mar­kets land­scape
Des­pite the pan­dem­ic and un­cer­tainty around the out­come of the US elec­tion, the volume of IPOs in the US mar­ket more than doubled in 2020, while the num­ber of IPOs on the Lon­don mar­ket also in­creased...
08 April 2021
Em­ploy­ment law changes in April 2021
April each year sees changes in stat­utory rates and com­pens­a­tion lim­its and is nor­mally a key date in the em­ploy­ment law cal­en­dar. This April the ma­jor change is the ‘off payroll’ rules af­fect­ing...
07 April 2021
The fu­ture is now: the new world of work in the UK
The COV­ID-19 pan­dem­ic and the meas­ures put in place in re­sponse in coun­tries around the world – in­clud­ing the United King­dom – have com­pelled em­ploy­ers and em­ploy­ees to ad­opt a new vis­ion for work...
06 April 2021
Per­son­al in­jury: con­ceal­ing pre­vi­ous med­ic­al his­tory can amount to fun­da­ment­al...
A lit­ig­ant in per­son has had her claim dis­missed after con­ceal­ing a lengthy pre­vi­ous med­ic­al his­tory and was found to have been fun­da­ment­ally dis­hon­est. Back­ground In Smith v Haringey Lon­don Bor­ough Coun­cil...
06 April 2021
EU is­sues draft of Di­git­al Mar­kets Act aimed at cre­at­ing a new and fair...
The European Com­mis­sion has pub­lished a draft pro­pos­al for a new com­pet­i­tion law frame­work for large on­line plat­forms, called the Di­git­al Mar­kets Act (DMA). The Com­mis­sion pro­posed the DMA due to the...
01 April 2021
Di­git­al Mar­kets Act: a new and fair busi­ness frame­work for large plat­forms
The European Com­mis­sion has pub­lished the draft pro­pos­al for a new com­pet­i­tion law frame­work for large on­line plat­forms, called the Di­git­al Mar­kets Act (the “DMA”). The reas­on the Com­mis­sion pro­posed the DMA is that a small num­ber of large on­line plat­forms cap­ture the biggest share of over­all value gen­er­ated in Europe’s di­git­al eco­nomy, and these plat­forms have emerged by be­ne­fit­ting from sec­tor char­ac­ter­ist­ics such as strong net­work ef­fects, of­ten em­bed­ded in their own plat­form eco­sys­tems. These plat­forms rep­res­ent the key struc­tur­ing ele­ments in today’s di­git­al eco­nomy, in­ter­me­di­at­ing the ma­jor­ity of trans­ac­tions between end users and busi­ness users. A few large plat­forms in­creas­ingly act as gate­ways or gate­keep­ers between busi­ness users and end users, and en­joy a long-term, en­trenched po­s­i­tion, of­ten as a res­ult of the cre­ation of con­glom­er­ate eco­sys­tems around their core plat­form ser­vices, which re­in­forces ex­ist­ing entry bar­ri­ers.The DMA deals with those large on­line plat­forms act­ing as gate­keep­ers in di­git­al mar­kets. The DMA aims to en­sure that:these plat­forms be­have fairly on­line;in­nov­at­ors and tech­no­logy start-ups will have new op­por­tun­it­ies to com­pete and in­nov­ate in the on­line plat­form en­vir­on­ment without hav­ing to com­ply with un­fair terms and con­di­tions that lim­it their de­vel­op­ment;con­sumers will have more and bet­ter ser­vices to choose from, more op­por­tun­it­ies to switch their pro­vider if they so wish, dir­ect ac­cess to ser­vices, and fairer prices. Who are the gate­keep­ers? Gate­keep­ers are core plat­form ser­vices which meet the qual­it­at­ive and quant­it­at­ive cri­ter­ia set out in the DMA. Core plat­form ser­vices in­clude on­line in­ter­me­di­ation ser­vices, search en­gines, so­cial net­work­ing ser­vices, video-shar­ing plat­form ser­vices, num­ber-in­de­pend­ent in­ter­per­son­al com­mu­nic­a­tion ser­vices, op­er­at­ing sys­tems, cloud com­put­ing ser­vices, ad­vert­ising ser­vices in­clud­ing any ad­vert­ising net­works, ad­vert­ising ex­changes and any oth­er ad­vert­ising in­ter­me­di­ation ser­vices, provided by a pro­vider of any of the core plat­form ser­vices lis­ted above.A core plat­form ser­vice qual­i­fies as a gate­keep­er, if:it has a sig­ni­fic­ant im­pact on the in­tern­al mar­ket, which is pre­sumed if it achieves an an­nu­al EEA turnover equal to or above EUR 6.5 bil­lion in the three pre­ced­ing fin­an­cial years, or where the av­er­age mar­ket cap­it­al­isa­tion or the equi­val­ent fair mar­ket value of the un­der­tak­ing to which it be­longs amoun­ted to at least EUR 65 bil­lion in the pre­ced­ing fin­an­cial year, and it provides a core plat­form ser­vice in at least three Mem­ber States;it op­er­ates a core plat­form ser­vice which serves as an im­port­ant gate­way for busi­ness users to reach end users, which is pre­sumed if it has more than 45 mil­lion monthly act­ive end users es­tab­lished or loc­ated in the Uni­on and more than 10,000 yearly act­ive busi­ness users es­tab­lished in the EU in the pre­ced­ing fin­an­cial year;it en­joys a long-term, en­trenched po­s­i­tion in its op­er­a­tions or it is fore­see­able that it will en­joy such po­s­i­tion in the near fu­ture, which is pre­sumed if the thresholds in point b) were met in each of the three pre­ced­ing fin­an­cial years.   What are the gate­keep­ers’ main ob­lig­a­tions? Do’s and Don’ts     What kind of tools and powers do the Com­mis­sion and oth­er bod­ies have? The DMA grants powers and dif­fer­ent pro­ced­ur­al rights to the European Com­mis­sion and es­tab­lishes the Di­git­al Mar­kets Ad­vis­ory Com­mit­tee for is­su­ing opin­ions in is­sues re­lated to the DMA.The DMA gives the Com­mis­sion the fol­low­ing powers:to des­ig­nate core plat­form ser­vices that meet the DMA cri­ter­ia as gate­keep­ers;to re­view ad-hoc the status of gate­keep­ers on re­quest or on its own;to re­view at two-year in­ter­vals the status of gate­keep­ers;to spe­cify meas­ures to be taken by gate­keep­er to com­ply with the DMA;to sus­pend cer­tain gate­keep­er ob­lig­a­tions un­der the DMA at a gate­keep­er’s re­quest, if the gate­keep­er demon­strates that com­pli­ance with that spe­cif­ic ob­lig­a­tion would en­danger its eco­nom­ic vi­ab­il­ity;to ex­empt a gate­keep­er from cer­tain ob­lig­a­tions un­der the DMA on the grounds of pub­lic mor­al­ity, pub­lic health or pub­lic se­cur­ity;to ini­ti­ate mar­ket in­vest­ig­a­tions:lower-ro­manto ex­am­ine wheth­er a pro­vider of core plat­form ser­vices should be des­ig­nated as a gate­keep­er;in­to sys­tem­at­ic non-com­pli­ance by a gate­keep­er;to ex­am­ine wheth­er cer­tain ser­vices in the di­git­al sec­tor should be ad­ded to the list of core plat­form ser­vices and identi­fy prac­tices that might lim­it the con­test­abil­ity of core plat­form ser­vices or might be un­fair.The DMA grants in­vest­ig­at­ive, en­force­ment and mon­it­or­ing powers to the Com­mis­sion dur­ing its pro­ceed­ings, based on which the Com­mis­sion is en­titled to:re­quest in­form­a­tion from any un­der­tak­ings and from the gov­ern­ments and au­thor­it­ies of EU mem­ber states;ac­cess data bases and al­gorithms;in­ter­view any private per­son or leg­al en­tity to col­lect in­form­a­tion re­lat­ing to the sub­ject-mat­ter of an in­vest­ig­a­tion;con­duct on-site in­spec­tions at the premises of any un­der­tak­ings, in­clud­ing to­geth­er with aud­it­ors and ex­perts;or­der in­ter­im meas­ures against a gate­keep­er on the basis of a prima facie find­ing of an in­fringe­ment of ob­lig­a­tions un­der the DMA;mon­it­or the ef­fect­ive im­ple­ment­a­tion and com­pli­ance with the ob­lig­a­tions un­der the DMA.   What will the sanc­tions for non-com­pli­ance be? If the Com­mis­sion ad­opts a non-com­pli­ance de­cision in which it finds that a gate­keep­er does not com­ply with one or more ob­lig­a­tions un­der the DMA, the Com­mis­sion may fine a gate­keep­er.The max­im­um amount of a fine is 10% of the total world­wide an­nu­al turnover of the gate­keep­er in the case of a ma­ter­i­al breach of the ob­lig­a­tions un­der the DMA, and a max­im­um 1% in the case of a less ser­i­ous breach of ob­lig­a­tions un­der the DMA.The Com­mis­sion is also en­titled to or­der peri­od­ic pen­alty pay­ments of up to 5% of the av­er­age daily turnover in cer­tain cases defined in the DMA.In the case of sys­tem­at­ic breaches of the DMA ob­lig­a­tions by gate­keep­ers, ad­di­tion­al rem­ed­ies may be im­posed after a mar­ket in­vest­ig­a­tion. Such rem­ed­ies will need to be pro­por­tion­ate to the of­fence com­mit­ted. If ne­ces­sary and as a last re­sort, non-fin­an­cial rem­ed­ies can be im­posed. These can in­clude be­ha­vi­our­al and struc­tur­al rem­ed­ies, e.g. the di­vestit­ure of (parts of) a busi­ness.   What are the next steps? The European Par­lia­ment and Mem­ber States will dis­cuss the Com­mis­sion’s pro­pos­al ac­cord­ing to the or­din­ary le­gis­lat­ive pro­ced­ure, which will take at least 18 months. Once ad­op­ted, the Act will dir­ectly ap­ply across the EU and the core plat­form ser­vice pro­viders will have six months to pre­pare for the new leg­al re­gime.We will con­tinu­ously mon­it­or the status of the le­gis­lat­ive pro­cess and keep you up­dated on any changes to the draft text of the DMA.
01 April 2021
Deal­ing with un­wanted per­sons such as protest­ors on your land - some do’s...
If there are people on your land who are not leg­ally en­titled to be there and are caus­ing you or your com­pany dif­fi­culties or dis­rup­tion, there are rem­ed­ies that can be sought from the court. One of the...
01 April 2021
Ripe for re­form: pro­posed RTFO de­vel­op­ments to fa­cil­it­ate hy­dro­gen up­take
The Re­new­able Trans­port Fuels Ob­lig­a­tion (“RTFO”) was es­tab­lished in 2008 with the aim of re­du­cing green­house gas (“GHG”) emis­sions of the trans­port sec­tor, which cur­rently ac­counts for the greatest...
01 April 2021
Equal pay in the Su­preme Court 
The leg­al frame­work around equal pay, en­shrined in the Equal­ity Act 2010, is no­tori­ously com­plex al­though it sits be­hind a simple concept: that men and wo­men should re­ceive equal pay for car­ry­ing out...
29 April 2021
The Fu­ture of Re­new­ables 2021 we­bin­ar
In our first Fu­ture of Re­new­ables we­bin­ar of 2021, CMS speak­ers will look at de­vel­op­ments in the re­new­ables in­dustry in Scot­land over the last six months and what 2021 (and bey­ond) may have in store in...