Articles
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Most Recent Articles
Hastings-Bass & his Scottish Friends (click to view/download)
05 Aug 2008
Derek Francis considers the possibilities for review of trustee's discretion, asking whether the English principle established in 'Hastings-Bass' and restated in Sieff v Fox could, without direct authority, be relied upon in Scots law. [This article first appeared in the Scots Law Times of 18th July and is published here with the kind permission of W. Green Thomson Reuters].
Agricultural Holdings Case Law Update (click to view/download)
18 Jul 2008
3 members of Terra Firma Chambers presented a Seminar to solicitors in Aberdeen on 26 June 2008. Robert Sutherland spoke about cases which had been decided by the Court of Session and the Scottish Land Court since August 2007. This article is a digest of the cases which were discussed and was distributed at the Seminar to accompany his presentation.
Challenging the Financial Services Ombudsman (click to view/download)
07 Jul 2008
In this article, Andrew Bowen of Terra Firma Chambers, looks at the Financial Services and Markets Act 2000 in the context of a challenge by financial advisers to determinations of the Financial Services Ombudsman in Bunney v Burns Anderson plc [2008] 1 BCLC 17. This article originally appeared in W. Greens Business Law Bulletin and is reproduced here with their kind permission.
Variation of Private Trusts (click to view/download)
04 Jul 2008
This is a paper based on a talk given by Derek Francis on behalf of TrustBar (the Faculty of Advocates Trusts Fiduciaries and Executries Bar Group) of which he is chairman to members of Maclay Murray & Spens private client/ taxation departments in Glasgow on 19th June 2008. The paper looks at the nature of trust variation notional agreement with certain consents supplied by the court. It considers whose consents the court may supply; jurisdiction with respect to non-Scottish trusts; where judicial variation is needed where resettlement/ demanding of a denuding is possible/ not possible; situations other than beneficiary incapacity precluding resettlement; the techniques of variation; what is needed by way of instruction/ vouching; situations in which judicial variation may be desirable especially the opportunity extended to October 2008 of creating substitute s. 49C IHTA transitional serial interests; parties and representation; the problems posed by trustees petitioning; the distinction between beneficiaries including defeasible and contingent beneficiaries and those with a spes successionis and which persons with a spes (e.g. as next of kin) require to consent.
Marathon Litigation, Directors Disqualification and Human Rights (click to view/download)
03 Jul 2008
In this article, Andrew Bowen of Terra Firma Chambers, discusses long-running litigation, directors disqualification and human rights in the context of the recent decision of the Court of Appeal in Re Blackspur Group plc (No.4). This article originally appeared in W. Greens Business Law Bulletin and is reproduced here with their kind permission.
Opportunities in Advocacy & Dispute Resolution (click to view/download)
04 Jun 2008
Stephen ORourke was one of the speakers at the 2008 annual conference of the Scottish Young Lawyers Association, organised by the Law Society of Scotland and held at Airth Castle, Falkirk. The topic was career choices for young lawyers and access to the Scottish Bar. The following is a summary of the key points from the talk.
Articles Archive
All older stories are placed in our Articles Archive, click the link to view these articles.
15 Aug 2008