Category Archives: Commercial

A new servitude? The servitude of parking…

September 12, 2017 | Christine |

servitude

Some years ago the House of Lords decided in a case Moncrieff -v- Jamieson that parking could be implied as a right running alongside a servitude right of way.  Given this acceptance that parking could be an adjunct to a servitude right of way that seemed to lead on to the possibility that parking could … Read More >>

Re-introduction of Pursuers’ offers in Scotland

September 11, 2017 | Neil Matheson |

In Scotland, if you have raised a court action against another person for recovery of a sum of money then you are known as the “Pursuer” and the person you have taken to court becomes known as the “Defender” Defenders in court actions have been able to take advantage of formal offers of settlement for … Read More >>

Do you know your Knotweed?

August 29, 2017 | Christine |

knotweed

In Scotland having Japanese knotweed growing on land belonging to you is not of itself against the law.  That said, there is now legislation regarding the spread of Japanese knotweed and requirements on a heritable proprietor not to allow this non-native species to spread.  Penalties for ignoring such legislation are significant with fines running into … Read More >>

Windows and Skylights – What is part of a roof?

August 23, 2017 | Christine |

What is part of a roof

Are Velux windows and skylights part of a roof?  We explore the interesting case of Waelde -v- Ulloa and ask the question – what is part of a roof? The Background A single dwellinghouse in Edinburgh had been converted into three flats – top, middle and bottom.   The skylight and velux windows which had later … Read More >>

Conditional Performance Bonds v On Demand Performance Bonds

March 22, 2017 | Lauren |

Performance Bonds

“The name is Bond…..” Employers under construction contracts often try to protect themselves against the risk of loss from a variety of events by asking the contractor for a performance bond. A performance bond is a form of security provided by a third party, usually a bank or insurance company, guaranteeing the obligations of the … Read More >>

Procurement Strategy – What RSLs Need to Know

January 12, 2017 | Lauren |

procurement strategy

The Procurement Reform (Scotland) Act 2014 requires all public bodies (including RSLs) to publish a procurement strategy, where their expenditure on regulated procurements for the next financial year will be at least £5m. All eligible public bodies were required to publish their first strategy by 31 December 2016. Public bodies must also notify the Scottish … Read More >>

Scottish Land Fund for Community Ownership in Scotland

December 1, 2016 | Alison B |

Scottish land fund

On 22 April 2016, further legislation augmenting and transforming rights and responsibilities governing land ownership in Scotland entered into force.Furthering the Scottish Government’s aim of bringing an intended million acres of land into community ownership, the Land Reform (Scotland) Act 2016 makes further provisions designed to engage communities in decision making and facilitate community ownership. … Read More >>

Raising a Court Action: How Long Have I got?

November 29, 2016 | admin |

raising a court action

In Scotland, prescription is the law that regulates the period in which parties can pursue claims.  If I was raising a court action – how long have I got? Most claims in law prescribe after five years, which means that a party wishing to make a claim after that five year period may be prohibited … Read More >>

Judicial Review – A Year on from the Changes

November 10, 2016 | Christine |

Judicial Review

There were three significant changes to Judicial Review procedures brought in to effect by the Courts Reform (Scotland) Act 2014. The 2014 Act made provision for wide-ranging reforms to the Scottish civil courts system in Scotland, as well as important reforms to the court procedure associated with judicial review in relation to time bar, permission … Read More >>

Plans and mapping requirements under the 2012 Act – what you need to know…

February 29, 2016 | Christine |

mapping requirements

The Scottish Government are anxious to ensure that all Scottish property is mapped on the Land Register as soon as possible.  Mapping requirements are at the heart of the 2012 legislation.   A cadastral map: a single unified map of all registered property in Scotland based on the ordinance survey map is being prepared.  However, accurate … Read More >>

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