The following Public Law practice note provides comprehensive and up to date legal information covering:
This table below contains an archive of news analysis on Scotland and Scots law developments of general application and those which affect various practice areas that has been published on Lexis®Nexis.
For non-Coronavirus (COVID-19) related news see: Scotland news analysis.
The news items are divided into the following subsections:
Coronavirus Act 2020 (CA 2020), Coronavirus (Scotland) Act 2020 (C(S)A 2020), Coronavirus (Scotland) (No 2) Act 2020, and other relevant legislation and rules
Courts and Tribunals
Corporate and Commercial
Corporate Crime and Crime
Employment and Pensions
Local Government and Public Law
Private client and Family
Property and Property disputes
Restructuring & insolvency, and Banking & finance
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Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually recorded in a written contract or openly expressed in an oral contract at the time the contract is made (or there may be a combination of written and oral
When is quantum meruit and quantum valebat relevant?Claims in quantum meruit (value of services) and quantum valebat (value of goods) arise in diverse situations ranging from where contractual terms are silent on issues of payment to where there is no contract at all (Serck v Drake & Scull).General
This Practice Note covers the legal framework and regulatory guidance to be considered in determining whether an arrangement constitutes a contract of insurance and the possible consequences of carrying on activities relating to a contract of insurance without the requisite regulatory permissionsThe
Issue estoppel is a sub-species of the res judicata doctrine (see Practice Note: The doctrine of res judicata). In addition to the general key requirements for establishing a res judicata (see Practice Note: Key requirements to establish a res judicata), this Practice Note considers the specific
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