Thu 02 Apr 2020
Litigation in Scotland
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Article
Lay representation in the Sheriff Court
In Hastings v Day 41 Ltd, the Sheriff Appeal Court reaffirmed the strict criteria for lay representation under section 97 of the Courts Reform (Scotland) Act 2014. The company’s application to have its director appear in court was rejected on all grounds: financial capacity, suitability, and the interests of justice.
Article
Energised approach to contract interpretation
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.