Acknowledging the importance of Scottish property practice to our customers we are incrementally developing a new set of content on Scots property law for Scottish practitioners.
The Scotland collection is a research tool collating guidance on key areas of law that are specifically relevant to Scotland. The collection brings together Scots law content from across a number of practice areas and includes links to Practice Notes, Checklists and Q&As as well as legal articles and analysis on legal issues directly affecting Scotland. See: Scotland collection. For a comprehensive list of Scottish property related content, see: Property in Scotland collection.
The scope and content of the Real estate finance in Scotland topic is being developed in collaboration with leading Property experts in Scottish property practice.
Recognising that the Property Standardisation Group (PSG) (in collaboration with a number of other professional bodies including the Law Society of Scotland, the Scottish Property Federation and the City of London Law Society and the industry Model Commercial Lease initiative) is the champion of market standardisation for commercial property documents in Scotland,
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Dealing with rights of pre-emption on transfer of property in ScotlandWhat is a pre-emption?A pre-emption is a type of option to purchase—historically the most common and arguably the least complex (at least in the form in which it is created). See Practice Note: Options to purchase
Priority between loss reliefs in loss making companiesWhy does it matter?A company that is a member of a group and has incurred any of the types of losses available for surrender by way of group relief may, without any further rules, have more than one way in which to use the loss. There are a
If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal fees, will that count as a PET against their estate?A disclaimer is the refusal of a gift prior to acceptance. The refusal of the gift must take place before the beneficiary accepts any benefit
Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences may also be relevant. See Practice Notes: Did the claimant consent to the risk of injury? and Was the claimant involved in an illegal activity?If a
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