The is the text of a talk delivered at the recent Common Good Conference hosted by Terra Firma Chambers in conjunction with SOLAR at The Mackenzie Building, Edinburgh on Monday 29th September 2025.
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Articles & Commentary
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Most Recent Articles & Commentary
A Highly Specific Exception - The 'No Reflective Loss' Rule in Prudential Assurance
In this article, the author considers the rule of reflective loss in respect of two Court of Appeal decisions which applied the Supreme Court’s decision in Marex Financial Limited v Sevilleja [2020] 3 WLR 255.
more...In this article, Roddy MacLeod considers the case of Gordon, Petitioner, 2023 S.L.T. (Sh Ct) 187 in which the Sheriff allowed the appointment of an attorney as executor dative qua relict of a deceased.
The article was first published in Scots Law Times (Issue 29, 2023) and is reproduced here with the kind permission of Thomson Reuters.
In this article, Roddy Macleod considers the registration of wills and comments on procuring a will which has been registered in the Books of Council and Session.
This article was first published in Scots Law Times (2023, 5, 29-30) and is reproduced here with the kind permission of Thomson Reuters.
more...In this article, Jon Kiddie considers the requirement for advance judicial certification of expert witnesses under the Taxation of Judicial Expenses Rules (2019).
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In this general interest article, Jon Kiddie looks at the role of Latin in our law today.
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In this article, Michael Howlin QC considers the recent case of Plumbing Pensions (UK) Limited, Petitioner [2022] CSIH 9, which turned on the manner in which the corporate trustee of a large pension scheme dealt with Section 75 of the Pensions Act 1995 and whether that impacted the availability of an indemnity which the scheme’s rules conferred on the trustee. Reading between the lines, a key take-away from the case is a reminder that the scope of a trustee’s indemnity depends not only on the wording of the clause in question but also on an important body of case-law. more...
In this article, Maurice O'Carroll considers unauthorised development and immunity from planning enforcement. more...
In this public interest article, Jon Kiddie considers the recent verdict in the trial of four people tried for damaging the statue of Edward Colston during a Black Lives Matter protest in Bristol, and looks at this type of case from a Scots Law perspective.
more...''A Highly Specific Exception'' - The 'No Reflective Loss' Rule in Prudential Assurance
In this article, Andrew Bowen QC considers the principle of 'reflective loss' in the case of Broadcasting Investment Group Ltd v Smith [2021] EWCA. more...
