Articles
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Most Recent Articles
Land Reform in Scotland in the 21st Century (click to view/download)
16 Oct 2008
This article by Robert Sutherland was first published this month in the Real Estate Law Newsletter of the IBA Legal Practice Division. The article examines the substantial changes which have been made to landownership in Scotland since 2000, and the new legislation during the same period which materially affects the private property rights of landowners in order to bring about a variety of public benefits. The full Newsletter can be found at www.ibanet.org/images/downloads/Newsletters/RealEstateLawOct2008.pdf.
A Solicitor's Duty of Disclosure (click to view/download)
10 Oct 2008
In this article Andrew Bowen of Terra Firma Chambers writes on the the relationship between professional disciplinary proceedings and civil litigation in the context of a partner's duty of disclosure and good faith owed to co-partners following the Court of Appeal decision in Conlon v Simms.
Proposals for Crofting Reform Published (click to view/download)
08 Oct 2008
On 1 October 2008 the Scottish Government published its formal Response to the Final Report of Committee of Inquiry on Crofting. In this article Robert Sutherland considers the main features of the Report and the Government's Response.
Hastings-Bass & his Scottish Friends (click to view/download)
05 Aug 2008
Derek Francis considers the possibilities for review of trustee's discretion, asking whether the English principle established in 'Hastings-Bass' and restated in Sieff v Fox could, without direct authority, be relied upon in Scots law. [This article first appeared in the Scots Law Times of 18th July and is published here with the kind permission of W. Green Thomson Reuters].
Agricultural Holdings Case Law Update (click to view/download)
18 Jul 2008
3 members of Terra Firma Chambers presented a Seminar to solicitors in Aberdeen on 26 June 2008. Robert Sutherland spoke about cases which had been decided by the Court of Session and the Scottish Land Court since August 2007. This article is a digest of the cases which were discussed and was distributed at the Seminar to accompany his presentation.
Challenging the Financial Services Ombudsman (click to view/download)
07 Jul 2008
In this article, Andrew Bowen of Terra Firma Chambers, looks at the Financial Services and Markets Act 2000 in the context of a challenge by financial advisers to determinations of the Financial Services Ombudsman in Bunney v Burns Anderson plc [2008] 1 BCLC 17. This article originally appeared in W. Greens Business Law Bulletin and is reproduced here with their kind permission.
Articles Archive
All older stories are placed in our Articles Archive, click the link to view these articles.
01 Dec 2008