This Practice Note looks at the SBCC (Scottish Building Contract Committee) standard forms of contract. It particularly considers the key differences between the approach of these contracts and the JCT contracts. The SBCC contracts are sometimes, improperly, referred to as the Scottish JCT contracts.
This Practice Note offers guidance on inhibition as a diligence in Scottish civil proceedings under the Bankruptcy and Diligence (Scotland) Act 2007 (BD(S)A 2007). In doing so, it considers, among other things, how an inhibition is created under Scots law, how it operates in relation to heritable property, how long it lasts for, how it can be terminated or recalled, the stages of proceedings at which it can be sought (including an inhibition on the dependence), the effect of breaching an inhibition and the interaction between inhibition and insolvency procedures.
This Practice Note considers some key developments relating to the current law on prescription in Scotland including the seismic change occasioned by the Supreme Court decisions in Morrison v ICL Plastics and Gordon’s Trustees v Campbell Riddell, together with the decisions in Clark v Turnbull, Heather Capital v Levy & McRae, Midlothian Council v Blyth and Blyth, and Loretto Housing Association v Cruden Building and WPH Developments v Young & Gault. It also considers the Scottish Law Commission Report on Prescription and the Prescription (Scotland) Act 2018.
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