The following Property Disputes practice note produced in partnership with Gavin Deeprose of DLA Piper and Alistair Drummond of DLA Piper provides comprehensive and up to date legal information covering:
Coronavirus (COVID-19): During the current pandemic, legislation, guidance and changes to practice and procedure have been introduced, which affect the following:
proceedings against commercial tenants from termination on the grounds of non-payment of rent, see: Commercial leases and CIGA 2020
insolvency legislation of both a permanent and temporary nature including the presentation of winding up petitions, service of statutory demands and making of winding up orders, safeguarding commercial tenants against aggressive rent collection tactics, see: CIGA 2020
service of various notices in relation to private residential tenancies, and assured and short assured tenancies, see: Residential tenancies
enforcing standard security and repossession proceedings against borrowers, see: Enforcing standard security
practice and procedure in the First Tier Tribunal for Scotland (housing and property chamber) procedure, see: First Tier Tribunal for Scotland (housing and property chamber) procedure
suspension of the Registers of Scotland application record and the launch of the Digital Submission Service, see: Registers of Scotland
For further information and guidance, see Practice Note: Coronavirus (COVID-19)—property in Scotland and for an archive of news on Scotland and Scots law developments, see: Coronavirus (COVID-19)—Scotland tracker—Property and Property disputes.
This Practice Note considers the law of irritancy in the context of commercial leases in Scotland. In particular, it
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What is a public authority?There is no single, universal answer to the question whether a particular organisation is treated, in law, as a public authority.Rather, on one hand the courts have developed case law on which bodies are subject to administrative law through the judicial review procedure;
Contractual damages—non-pecuniary lossesThis Practice Note considers the different categories of contractual damages that may be available for non-financial loss (non-pecuniary loss), ie punitive damages, damages for loss of enjoyment and loss of amenity, restitutionary damages and negotiating
Pre-action disclosure—the applicationThis Practice Note provides guidance on CPR 31.16 pre-action disclosure applications, where the applicant and respondent are likely to be parties to subsequent proceedings. It provides guidance on how to make such an application for disclosure before proceedings
Perverting the course of justiceElements of the offence of perverting the course of justicePerverting the course of justice is a common law offence which can only be tried on indictment in the Crown Court. The elements of the offence are:•a person acts or embarks on a course of conduct•which has a
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