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.
The opinion of the Sheriff Appeal Court in the case of Cabot Financial (UK) Limited against Jordan Walls, issued on 21 May 2025, will change the established practice of courts and practitioners when it comes to claims for expenses in undefended simple procedure claims. Claimants should now expect to be awarded lower amounts of expenses than had previously been the case.
The UK Supreme Court has brought clarity to the scope of fraudulent trading under Section 213 of the Insolvency Act 1986 in the case of Bilta (UK) Ltd (in liquidation) and others v. Tradition Financial Services Ltd. The judgment adopts an expansive interpretation of who may be held liable under Section 213, confirming that liability is not limited solely to company insiders, but also extends to third parties who knowingly participate in fraudulent trading.
Can the spouse of an executor claim to be an 'entitled resident' in the context of a 'calling-up' of a standard security? That was the question for the Sheriff Appeal Court in Soofi, Appellant. The answer from the Sheriff Appeal Court was no, but the case raises some interesting points for lenders to consider who may qualify as a 'debtor' or 'proprietor' under the Conveyancing and Feudal Reform (Scotland) Act 1970.
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