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.
Dispute Resolution analysis: The High Court refused to restrain Swan Bitcoin, the 20% minority shareholder in 2040 Energy Ltd, from pursuing a British...
This week's edition of Dispute Resolution weekly highlights includes: analysis of a number of key DR developments and key judicial decisions including...
The Courts and Tribunals Judiciary (CTJ) has published a protocol formalising an informal resolution route for legal professionals—barristers,...
The UK Jurisdiction Taskforce (UKJT) has published a legal statement on liability for artificial intelligence (AI) harms under English and Welsh...
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...
Written pleadings in Scottish civil litigationThis Practice Note is concerned with the preparation of written pleadings in civil actions in Scotland.In Scotland, as in other jurisdictions, a party wishing to present or defend a civil claim must first put that claim or defence in writing. These
Inhibition in Scottish civil litigationThis Practice Note considers the position regarding the diligence of inhibition in Scotland. For guidance on:•other forms of diligence in Scottish civil procedure, see Practice Note: Enforcement in Scottish civil litigation which, in turn, links through to
If a rentcharge is shown as being informally exonerated on title information, does this apply to the current registered owner? Or does the informal exoneration only apply to the parties to the document which informally exonerated the rentcharge?This Q&A considers the situation where, at some
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
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