Whisky Law Insights

DLA Piper has a dedicated Scotch whisky practice based in our Edinburgh office, working with clients in the UK and around the world.

The Scotch Whisky Association (SWA) reports that Scotch whisky accounts for 77% of Scotland’s total food and drink exports and contributes GBP5.3 billion to Scotland’s economy annually. It’s an industry full of exciting opportunities. But with this comes the need for specific legal advice.

We’ve made connections in the industry (including the Scotch Whisky Association, distillers, and operators of excise warehouses). And we understand the practices and procedures, and the trends, issues and opportunities connected to Scotch whisky. We combine black letter law and knowledge of traditional customs and practices to give clients comprehensive, practical advice.

Every step of manufacturing, storing, selling and branding Scotch whisky involves a wide range of legal challenges. Our practice includes lawyers from multiple groups, including litigation and regulatory, corporate, real estate, intellectual property, and tax, working together to provide advice and solutions to clients entering and operating in the industry.

Scotch whisky is a global interest. The SWA reports that 1.3 billion bottles are exported every year (that’s 43 bottles per second) to 168 countries in the world (and counting). Many of our clients are based outside Scotland, and our team in Scotland works with colleagues in DLA Piper’s offices around the world to advise on all aspects of ownership and interest in Scotch whisky – from acquiring casks and  exporting bottles, to branding and marketing and enforcing intellectual property rights in local jurisdictions.

With our legal knowledge and industry-leading experience, we can advise you at every stage of your participation in the industry. We advise on all aspects of regulation and compliance, corporate and finance, the protection and enforcement of intellectual property rights, real estate transactions, and litigation and enforcement.

Experience

• Advising a national bank on a facility with the Artisanal Spirits Company, the owner of the Scotch Malt Whisky Society, and the extension of the facility.
• Carrying out an audit of a portfolio of high-value “single casks” of single malt Scotch whisky for an investor based in Asia Pacific. When purchasing Scotch whisky, it’s essential to verify its provenance. We carried out a comprehensive audit process, verifying and tracking provenance through the lifecycle of the cask.
• Acting for a leading Scotch whisky distiller and owner of many premium brands with operations across the world, providing a complete suite of legal services in the UK, Europe and the Middle East.
• Advising a large US entity on service agreements for the purchase and storage of large volumes of Scotch whisky in Scotland, including advice on the requirement for a duty representative to be appointed where Scotch whisky is owned by an overseas entity.
• Acting in the sale and refinancing of a Scotch whisky distillery.
• Acting in the acquisition of land for the development of excise warehouses, for the storage of whisky “in suspension” during the maturation process and bottling of the spirit.
• Auditing the bottling of high-value single casks of single malt Scotch whisky, attending the bottling process and preparing reports. As part of our full verification process, we carry out an audit of the bottling process to ensure verification of the cask and spirit at all stages.