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Fri 13 Jul 2018
Since at least the mid 19th century, the English courts have admitted a common law principle of insolvency law referred to in contemporary parlance as the "anti-deprivation rule" (the "ADR"), and known historically as "fraud on the bankruptcy laws"1. The basic premise of the ADR is that a device through which a bankrupt estate is denuded of an asset in fraud of the bankruptcy laws is in essence void as a matter of policy.
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This is the first article in our series on judicial review in Scotland. These articles will delve into the foundations of judicial review, explore current issues and look ahead to what the future might hold in this area of law.
In this introductory piece, we will provide an overview of judicial review, discussing its definition, the circumstances under which it can be invoked, the remedies it offers and the intricacies of the court process.
Expert evidence is a common feature of professional negligence claims throughout the UK. In Scotland (in contrast to south of the border) some judges regard it as essential. However, Lord Sandison's recent judgment in Cockburn v Hope [2024] CSOH 69 casts doubt on whether expert evidence is quite as crucial in all cases as some Scots lawyers might expect.
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