Articles
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Most Recent Articles
The Hypothetical Remedy Landlord's Hypothec after the BAD Act (click to view/download)
06 Dec 2011
This paper was originally presented to the Tayside and Fife Insolvency Group in late November as a basis for a discussion as to how Insolvency Practitioners should deal with landlord's claims of hypothec. The legislation has left a gap where a right is given without a remedy. The paper considers how this might work in practice.
Break Options in Commercial Leases (click to view/download)
21 Nov 2011
In this article, Iain Maclean considers some of the issues which typically arise in disputes regarding break options in commercial leases, including comments on the recent case law. This is the text of a talk first delivered at Terra Firma's Commercial Law Conference in Edinburgh on 14th November 2011.
Proving The Tenor of a Lost Will - What the Solicitor Needs to Know (click to view/download)
20 Oct 2011
This is the text of a talk originally delivered to an audience of solicitors in Aberdeen on 28 March 2007. The text was revised on 21 November 2009 principally to reflect changes made earlier in 2009 to the Rules of the Court of Session [RCS] to the procedure to be followed in undefended actions of proving the tenor.
Development in Scotland of Protective Expenses Orders (click to view/download)
14 Oct 2011
This is the text of a talk given at Terra Firma Chambers' Local Authority Conference on 10th October 2011. The talk examines how the principles governing Protective Cost Orders in England have been applied in Scotland through the development of Protective Expenses Orders and the complex issues they raise.
I'm a Cecropia, Get Me Out of Here (click to view/download)
07 Oct 2011
This is the text of a talk given at the UKELA Scotland Conference 2011 on 6 October 2011. The talk considers the problems caused by invasive non-native species (such as Japanese knotweed and grey squirrels), various existing measures used to control these, and the new measures which will be coming into place in Scotland following amendment of the Wildlife and Countryside Act 1981.
Protective Expenses Orders (click to view/download)
03 Oct 2011
In this article, Maurice O'Carroll examines the advent of Protective Expenses Orders in Scotland and considers whether they will serve to encourage litigation by parties who object to certain planning proposals in the general public interest, rather than for purely personal motivations.
Articles Archive
All older stories are placed in our Articles Archive, click the link to view these articles.
31 Jan 2012