Thu 02 Apr 2020
Litigation in Scotland
Related Insights
Article
Sheriff Appeal Court considers the meaning of 'entitled resident' in the enforcement of a standard security
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.
Article
Judicial Review: Reasonable Precaution under the Fatal Accidents and Sudden Deaths etc (Scotland) Act 2016
In this article, we examine the decision of the Court of Session in Karen Duncan's judicial review. This case is significant as it marks the first instance of a judicial review being brought against a determination made under the Fatal Accidents and Sudden Deaths etc (Scotland) Act 2016.
Article
Assignation of Debt: Does a Guarantee Transfer Too?
A recent decision from the Sheriff Appeal Court in the case of Charles Thompson McKinlay v Avellierie Limited & Kenneth Scott raises important issues relating to assignations and commercial common sense.