STOP PRESS: The Contract (Formation and Remedies) (Scotland) Act 2026 has received Royal Assent (April 2026). Certain provisions came into force on the day after Royal Assent, but the substantive provisions are to be commenced by regulations. Part 2 introduces default rules on: • rescission for breach (return/valuation of benefits and compensation for use/diminution), and • contractual retention Parties may contract out. These reforms may affect how rescission and rent‑retention are pled or advised upon in landlord/tenant disputes once in force. The main remedies available in the context of landlord and tenant disputes in Scotland are: • Interdict • Specific implement • Payment action • Damages action • Rescission • Retention of rent • Irritancy • Hypothec • Action for recovery of heritable property Interdict Interdict is a judicial remedy which can be used to prevent a breach or an anticipated breach of a legal obligation (including contractual obligations) by a party, eg in landlord and tenant disputes, it could

Where a commercial contract contains a clause excluding liability for items such as loss of revenue, loss of business or loss of profit where the loss is caused by the negligence or breach of duty of the other party, such clause will usually be termed an exclusion or an exemption clause. The purpose of such a clause is to provide that where a breach of contract (or negligence) arises which causes loss, that loss should not be recoverable. Such clauses often lead to litigation and thus the scrutiny of the terms of the clause. Exclusion clauses may also be used to limit compensation by amount or duration, or to exclude what would otherwise be implied into the terms

The maternity pay period (MPP) is a period of 39 consecutive weeks. It is not related to entitlement to maternity leave nor to the period of maternity leave the employee applies for or takes. However, it is a condition of entitlement to statutory maternity pay (SMP) that the employee has ‘ceased to work for [the employer]’. For further information, generally, see Practice Note: Maternity pay. SMP is payable in respect of each week of the MPP as set out in section 165(1)–(3D) of the Social Security Contributions and Benefits Act 1992, (SSCBA 1992). SMP is not payable in respect of any week during any part of which an employee works under a contract of employment with her employer; for these purposes it does not matter whether the work is under the pre-existing contract or a separate one. This covers the position where

In answering this Q&A we have limited our research to cover the position under the Data Protection Act 1998 (DPA 1998) (not the General Data Protection Regulation, breach of contract, confidentiality or any other laws). Disclosure of personal data For the background and key terms, see Practice Notes: Key definitions under the DPA 1998 and Data protection principles under the DPA 1998 which outlines the starting point for the consideration of personal data in compliance with the DPA 1998. A data subject is a living individual who is the subject of personal data, ie data from which he can be identified. For key definitions under the DPA 1998, see Practice Note: Key definitions under the DPA 1998. It follows that the company will not be a ‘data subject’ so will not have remedies under the DPA 1998 (although it may have other remedies under different laws or contract). For the director to have rights under

In answering this question, the legal effect of the Heads of Terms (HoTs) depends upon the interpretation of the document as it stands: Pretoria Energy Company (Chittering) Limited v Blankney Estates Ltd. Therefore, the HoTs' effect is subject to each case's facts and requires individual consideration. Nevertheless, relevant considerations are, inter alia, as follows: • HoTs labelled ‘subject to contract’, or where it is stipulated that a formal contract would be drawn up, is generally indicative that the HoTs are not legally binding: Winn v Bull • HoTs referring to a lease being granted outside of the scope of the Landlord and Tenant Act 1954 (LTA 1954) will also be indicative that there was no intention for

The answer will depend upon the basis upon which the data sharing took place, and any contractual arrangements entered into between the parties. If the original data controller was simply sharing (ie handing over a copy) data with somebody who was going to process for the original data controller and then send the processed data back then there has to be a contract between the two which (at the very least) specifies that there shall be verifiable security measures on the part of the data processor and that the processor must follow the instructions of the original data controller. If the contract has continuing obligations say, of confidentiality or to return all data and

A Tomlin order is a form of consent order which first originated in the case of Dashwood v Dashwood [1927] WN 276 (not reported by LexisNexis®), where proceedings were stayed on terms which the parties had agreed, and only kept alive to the extent necessary to enable any party thereafter to enforce the terms. Unlike court orders by consent generally, a Tomlin order constitutes a binding contract between the parties so the court can only re-open the dispute between the parties where it could intervene with any other contract. What can the terms scheduled to a Tomlin order cover? Terms scheduled to a Tomlin order represent an arrangement between the parties and the court is not concerned with approving them, although it may properly offer suggestions upon them if it appears to

See Practice Notes: • Employee status • Worker status • Deciding appropriate employment status • Employees and workers: checklist of rights See also: Checklist for assessing employment status. Ultimately it will be up to a court or employment tribunal to decide at the relevant time what the relationship is, but in order to reduce the risk of the arrangement being held to be one of employment, an employer will need to bear the following in mind: • ensuring that the key elements necessary to establish an employment relationship are not present (and this is the usual pitfall employers fall into); the reality of the relationship will be examined by a court or tribunal, not what the parties think it is or what they have labelled it • ensuring that any contractual documentation is consistent with the realities of the chosen arrangement (and is not a work of fiction). Also, remember that a contract, whether or not it is a contract

An employer may not make a deduction from the wages of any worker employed by it, or receive a payment from such a worker, unless: • it is required or authorised to be made by virtue of any statutory provision or any relevant provision of the worker's contract, or • the worker has previously signified in writing his or her agreement or consent to the making of it For further information, see Practice Note: Deductions from wages. A relevant agreement, such as a contract of employment, may specify that, where a worker leaves employment having taken more than their accrued holiday entitlement, they must reimburse their employer by a payment, or by undertaking additional work. In the absence of such a contractual

This Practice Note outlines some classes of documents performing the functions of both a document of title and a document under which goods are carried. Documents under which goods are carried, and those proving title to goods, are essential to the smooth running of international trade. By far the most important such document in international trade is the bill of lading, see Practice Note: Bills of lading and sea waybills. Documents of title Documents of title in international carriage and/or sales of goods often allow the holder to: • show themselves to be the owner • collect goods from a carrier Documents of title include, or may include, the following: • bills of lading • straight bills Bills of lading A bill of lading: • is produced by or for a carrier of goods to the person with whom the contract of carriage is entered • contains or evidences the contract of carriage and its terms • provides evidence

Private Client analysis: In Credit Suisse Life (Bermuda) Ltd v Ivanishvili [2025] UKPC 53, the Privy Council considered the requirements of a claim in fraudulent misrepresentation. Significantly, the Board held that claimants do not need to prove their conscious awareness or understanding of a representation, so long as they can show that the representation induced them to enter the contract. Written by James Smith, barrister at Outer Temple Chambers.

The LexisNexis Ireland—Commercial practical guidance team has published a new Practice Note which considers the steps which a business can take to review its commercial contracts with a view to extracting maximum value and minimising costs. The Practice Note explains the circumstances which might prompt a legal contract review, what should be reviewed and who should be involved in the review process. It also explains the key elements of the contracts reviewed from both a customer’s and a supplier’s perspective.