Nobile officium definition

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Starting a civil claim in Scotland

Starting a civil claim in Scotland This Practice Note deals with both the substantive and procedural considerations that should be addressed when commencing a civil action in the Scottish courts. It covers: • issues of prescription and limitation of actions • investigations which should be carried out prior to raising an action • the jurisdiction of the Court of Session and the sheriff courts, and choice of forum • specialist rules available in relation to certain types of action • pre-action protocols which apply in relation to certain types of action • service of the action This note is designed to be neutral as to the procedural rules. It should be read in conjunction with both the applicable rules and the practice notes on specific procedure. For guidance, see: Scottish DR: courts and civil procedure—overview. For guidance on: • issues to consider before bringing a civil claim in a Scottish court and other aspects of starting and progressing a civil claim in Scotland, see: Scottish DR: prescription and limitation—overview,...

Charitable trusts in Scotland

Charitable trusts in Scotland FORTHCOMING CHANGE: The Trusts and Succession (Scotland) Act 2024 received Royal Assent on 30 January 2024 and represents the biggest overhaul of trust law in Scotland in over a century. Following the issuing of commencement orders, this Practice Note will be updated further to reflect this new legislation. A trust is one of several legal structures which can be used to constitute a charity in Scotland. Charitable trusts, by their nature, are subject both to charity law and to trust law. Of around 24,600 charities on the Scottish Charity Register, around 3,000 are constituted as charitable trusts (2025 figures). Many charities are referred to as ‘trusts’ even though they are created as companies limited by guarantee, Scottish Charitable Incorporated Organisations (SCIOs) or are established by Royal Charter or Act of Parliament. This Practice Note deals with charitable trusts properly so called, and not with other vehicles which simply use the word ‘trust’ as part of their name. Creation and obtaining charitable status The creation...

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If a bank appoints LPA receivers over property owned by a company and charged to the bank, can the directors/company still appoint administrators, and could the administrators then dismiss the LPA receivers?

If a bank appoints LPA receivers over property owned by a company and charged to the bank, can the directors/company still appoint administrators, and could the administrators then dismiss the LPA receivers? Stop press: the issue of when an administrator can request a receiver to vacate office under the Insolvency Act 1986, Schedule B1, para 41(2) was subsequently considered in the case Promontoria (Chestnut) Limited v Craig [2017] EWHC 2405 (Ch). For further details see News Analysis: Administrators’ decision to remove receivers was unreasonable (Promontoria (Chestnut) Ltd v Craig and another) and Practice Note: Lifting the administration moratorium—appointment of fixed charge receiver. An administrator appointed subsequent to the receiver may require the receiver to vacate office. The administrator will pay the receiver's remuneration and expenses at this stage out of the assets of the company. Alternatively, the receiver may call upon any contractual indemnity from the chargeholder to meet the receiver's remuneration and expenses. The administrator should eventually repay such sums to the chargeholder when the property...