Master the intricacies of Scots law with our expert guidance designed specifically for legal professionals. Enhance your strategies with in-depth insights into procedural nuances and effective resolution techniques, ensuring you—re adept at handling disputes efficiently and successfully. From arbitration to mediation, explore detailed advice tailored to refine your approach within the Scottish legal landscape.
Arbitration analysis: The Singapore International Commercial Court held that an arbitral tribunal’s refusal to award third-party funding costs could...
Information Law analysis: The Commercial Court has continued on a modified basis an interim injunction restraining the defendants from further...
This week's edition of Dispute Resolution weekly highlights includes: analysis of a number of key DR developments and key judicial decisions including...
The Civil Justice Council (CJC) has adopted revised Terms of Reference for its Futures Group following its February 2026 Strategy Meeting. The revised...
What is a tort?This Practice Note provides an introduction to tort law by addressing three questions:•what does the concept of being liable in tort...
Negligence—key elements to establish a negligence claimThis Practice Note outlines the key elements for establishing a claim in negligence. For...
Rescission of a contractWhat is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract,...
The doctrine of res judicataWhat is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of...
Late payment penalties—inheritance taxWhile interest often accrues on overdue tax, the late payment of certain taxes may also attract a penalty. For information on the interest accruing on overdue tax, see Practice Notes: IHT—payment deadlines on death—Interest on IHT and Interest on late paid
If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal fees, will that count as a PET against their estate?A disclaimer is the refusal of a gift prior to acceptance. The refusal of the gift must take place before the beneficiary accepts any benefit
Strike out—making an application to strike out a statement of caseA strike out order can be made either following an application by the parties or on the court's own initiative. This Practice Note deals with the scenario of the order being made following a party's application.Making an application
Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences may also be relevant. See Practice Notes: Did the claimant consent to the risk of injury? and Was the claimant involved in an illegal activity?If a
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