Julie Hamilton discusses some of the key differences when litigating in Scotland and England. There are lots of differences between the two judicial systems. Here we focus on 5 important practical points.
Thu 22 Apr 2021
Julie Hamilton discusses some of the key differences when litigating in Scotland and England. There are lots of differences between the two judicial systems. Here we focus on 5 important practical points.
A commercial judge in the Court of Session has ruled in favour of a windfarm landlord, obliging the tenant to pay additional rent due to payments it received for reducing electricity generation during periods of low demand: Glenfiddich Wind Limited v Dorenell Windfarm Limited.
In Martin McGowan v Springfield Properties Ltd, the Court awarded £558,033 in damages after a contractor was wrongfully restrained by an interim interdict for five years. The case highlights that parties obtaining interdicts have a duty to remove them when no longer necessary and that damages can include loss of earnings, reputational harm, and distress. Springfield has indicated it intends to appeal.