R&I in Scotland

R&I in Scotland guidance:

The Registers of Scotland The Registers of Scotland (ROS) is the Scottish Government Agency responsible for looking after a range of registers, most notably the register...

Practice Note

This Practice Note: • considers the position in Scotland. For guidance on: ◦ the equivalent in England and Wales, see: Introduction to enforcement—overview which, as well...

Practice Note

This Practice Note considers the position in Scotland. For guidance on: • other forms of diligence in Scottish civil procedure, see Practice Note: Enforcement in Scottish...

Practice Note

As of 31 January 2020 (exit day), the UK is no longer an EU Member State and its relationship with the EU is governed by the Withdrawal Agreement, which came into effect...

Practice Note

In property transactions the person buying, leasing or taking security over a property will check the title for the property before they proceed with the transaction....

Practice Note

Express creation of trusts A trust is constituted expressly where the owner of property (the truster) transfers property to trustees to hold for defined purposes on...

Practice Note

This Practice Note considers the position in Scotland. For guidance on: • the equivalent in England and Wales, see: Introduction to enforcement—overview which, as well as...

Practice Note

Assignation and subletting Assignation and subletting are two options which a tenant may use to introduce a new tenant into the lease arrangement. The tenant may choose...

Practice Note

This Practice Note considers the first stage of enforcement of standard security over heritable property in Scotland up to and including service of notices under Part II...

Practice Note

This Practice Note considers the second stage of enforcement of standard security over heritable property in Scotland. It deals with the steps creditors may take...

Practice Note

The rules regarding execution of documents governed by the laws of Scotland are contained in: • the Requirements of Writing (Scotland) Act 1995 (RW(S)A 1995), and • the...

Practice Note

Described once as a 'manifestation of the English genius for harnessing the most abstract conceptions to the service of commerce', floating charges are now not only...

Practice Note

STOP PRESS: The Right to Buy Land to Further Sustainable Development (Eligible Land, Specified Types of Area and Restrictions on Transfers, Assignations and Dealing)...

Practice Note

This Practice Note considers the different stages in lease negotiations for commercial property in England and Wales compared to those in Scotland, at pre-contract,...

Practice Note

This Practice Note considers the position in Scotland. For guidance on: • other forms of diligence in Scottish civil procedure, see Practice Note: Enforcement in Scottish...

Practice Note

STOP PRESS: The Right to Buy Land to Further Sustainable Development (Eligible Land, Specified Types of Area and Restrictions on Transfers, Assignations and Dealing)...

Practice Note

Scots contract law has in many ways become similar to its English counterpart despite their different roots. Some English law concepts, such as undue influence and...

Practice Note

This Practice Note highlights the practical differences between legal entities in Scotland and legal entities in England and Wales. It also covers the law relating to...

Practice Note

This Practice Note considers the position in Scotland. For guidance on: • the equivalent in England and Wales, see: Introduction to enforcement—overview which, as well as...

Practice Note

Definitions It is difficult to find a wholly satisfactory definition of ‘trust’, given the range of situations where trusts arise. The trust does not have a legal...

Practice Note

Rationale for bank ring-fencing transfer schemes (RFTS) Ring-fencing of day-to-day banking services (eg current accounts, savings and payments) and separation of retail...

Practice Note

Rent Rent is the sum due by a tenant to the landlord for use or occupancy of a property. The amount of rent must be ascertainable from the lease. This does not mean it...

Practice Note

This Practice Note looks at the law on the registration of security created on or after 6 April 2013 by a company or limited liability partnership (LLP) registered in...

Practice Note

General nature of beneficiaries’ rights The right of the beneficiaries of a trust is generally considered in Scots law to be only a personal right, but there are...

Practice Note

Sections 242 and 243 of the Insolvency Act 1986 (IA 1986) govern the two main antecedent transactions which may be carried out by companies in Scotland. These sections do...

Practice Note

STOP PRESS: The Insolvency (Scotland) (Company Voluntary Arrangements and Administration) Rules 2018, SI 2018/1082 and Insolvency (Scotland) (Receivership and Winding up)...

Practice Note