The following Property Disputes practice note Produced in partnership with Lorna Richardson of The University of Edinburgh, David William John Bell of Harper Macleod and Jennifer Talbot of DLA provides comprehensive and up to date legal information covering:
This Practice Note considers repair obligations in commercial leases in Scotland, including interpretation of repair obligations, extraordinary repairs, interim dilapidations, remedies for breach of repairing obligations by either landlord or tenant, the extent of repair obligations and the obligation to make payment in respect of repairs upon termination of a commercial lease. For main judicial and non-judicial remedies in the context of landlord and tenant disputes in Scotland generally, see Practice Note: Remedies in landlord and tenant disputes—Scotland.
The repair clause within a lease will set out the respective liabilities and obligations of the landlord and tenant in respect of the premises let and any common parts of the property, of which the premises form part. In practice, parties and their solicitors will negotiate the apportionment of liability for repairs, and clear wording is required to transfer liability for repairs from the landlord to the tenant. Care should also be taken when defining the scope of the premises let and the extent of common parts to ensure that liability is apportioned accordingly, see Practice Note: Repair clauses in commercial leases in Scotland—Contracting out of the common law—the full repairing and insuring lease.
At common law, in the absence of an express provision to the contrary, a lease contains an implied warrandice from the landlord that the premises are
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When defendants are guilty, they have a choice to plead guilty or to put the prosecution to proof. When they plead guilty they may benefit from a reduction in their sentence as a result, see Practice Note: Credit for guilty plea. However, the Sentencing Council's overarching guidelines on reduction
Dividends involve a distribution of cash or a distribution of non-cash assets (known as a distribution in kind or a distribution in specie).A scrip dividend (in a tax context, sometimes referred to as a stock dividend) allows a shareholder to receive new shares in a company as an alternative to a
STOP PRESS: The Corporate Insolvency and Governance Act 2020 contains provisions which, on a temporary basis (presently until 31 December 2020) impose significant limitations on the ability for a creditor to seek a winding-up order against a company. For further reading, see Practice Note: Corporate
This Practice Note considers the legal concept of mistake in contract law. It examines common mistake, mutual mistake, unilateral mistake, mistake as to identity and mistake as to the document signed (non est factum). It also considers the impact of each of these types of mistake on the contract and
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