Glossary of Scottish private client words and expressions This is a glossary of common words and expressions used in Scottish private client law with the nearest England and Wales equivalent (where relevant) and links to useful websites. Ab intestato Meaning Nearest English equivalent From a person dying intestate; description of property acquired according to the rules of intestate succession. None Action of specific implement Meaning Nearest English equivalent An action which requires the court to grant an order requiring a party to perform a specific act. In Scotland, there is no distinction between equitable and legal remedies as there is in England and Wales. Specific performance (an equitable remedy available for breach of contract that may be granted in addition to or instead of damages) Advance notice Meaning Nearest English equivalent A notice (registered in the relevant property register) to protect the grantee of a deed intended to be registered in the Land Register of Scotland. The 35-day protected period starts on the day after the advance notice is registered. The grantee is protected against the granter being inhibited during the protected period and the protected deed is given priority over competing deeds registered in the protected period (except for statutory notices of potential liability for costs). Priority search Affidavit Meaning Nearest English equivalent A written statement
Jurisdiction agreements—approach of the courts of England and Wales This Practice Note looks at the English common law and how the courts of England and Wales will construe and apply it when determining the interpretation and application of a jurisdiction agreement (also known as choice of court agreements). The requirements for a valid jurisdiction agreement are considered, as well as the court’s general approach to construing such agreements. How the court will determine whether a dispute falls within the scope of the jurisdiction agreement between the parties is discussed, including the implications of the existence of multiple jurisdiction agreements (including where standard form contracts have been used). Finally, the relationship of the jurisdiction agreement with the rest of the contract is addressed, including as to separability of the jurisdiction agreement and also the consequences for validity of a jurisdiction agreement falling within a contract that is alleged to be void or voidable. For information on jurisdiction agreements generally, including as to the different types of jurisdiction agreement, see Practice Notes: • Jurisdiction agreements—introduction • Jurisdiction agreements—asymmetric jurisdiction agreements • Jurisdiction agreements—exclusive and non-exclusive jurisdiction agreements • Jurisdiction agreements—example clauses For information on the common law doctrine of forum non conveniens, see Practice Notes: • Forum non conveniens—principles • Forum non conveniens—challenging jurisdiction • Forum non conveniens—connecting factors • Forum non conveniens—requirement for justice What rules apply—relevance of the common law rules There are various rules and regimes
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