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Property disputes in Scotland (delictual and statutory)

Property disputes in Scotland (delictual and statutory) This Practice Note considers property disputes in Scotland arising: • in delict • under the Occupiers’ Liability (Scotland) Act 1960 (OL(S)A 1960) • under consumer rights legislation • in relation to defective premises and the time limitations for claims under the Prescription and Limitation (Scotland) Act 1973 (PL(S)A 1973). Statutory repair obligations in respect of agricultural and residential tenancies are not covered. Obligations in relation to property may arise broadly: • by force of law (statutory—see further: Obligations arising by force of law: Stair Memorial Encyclopaedia [2]) • from a wrongful act (delictual—see further: Obligations arising from a wrongful act: Stair Memorial Encyclopaedia [3]), and • voluntarily (eg unilateral and contractual undertakings—see further: Voluntary obligations: Stair Memorial Encyclopaedia [4]) Delictual obligations arising from a wrongful act Delict is the area of law which deals with legal wrongs. It is the equivalent of 'Tort law' in England, see further: Differences between Scots and English law: Stair Memorial Encyclopaedia...

Defences in occupier's liability claims

Defences in occupier's liability claims The following defences may be advanced by an occupier. Contributory negligence The Law Reform (Contributory Negligence) Act 1945 has application in cases brought under both the 1957 Act and the 1984 Act. The occupier may allege that the visitor's injuries were caused or contributed to by their own actions: see Practice Note: Was there contributory negligence by the claimant? Consent Consent or volenti non fit injuria (often referred to simply as volenti, and meaning the voluntary assumption of risk) is a defence that can be advanced because an occupier is not under an obligation to take reasonable care of a visitor in respect of risks willingly accepted by the visitor (if they then sustained self-inflicted injuries as a result of taking risks in the face of obvious warnings). If accepted by the court, this is a complete defence. In Geary v Wetherspoon, the judge held that a customer of a pub who suffered catastrophic injury after attempting to slide down a banister, voluntarily...

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A donor of a lasting power of attorney (LPA) required care to allow them to continue to live in their own home. One of the donor's attorneys lent the donor money to pay for this care. The loan agreement between the donor and the attorney provided that the loan amount would be repaid when the house was sold with 2% compound interest. The donor no longer has capacity and it has been decided that the property should be sold and the donor go into a home. What action can be taken to ensure that the donor is not prejudiced by the terms of the loan?

A donor of a lasting power of attorney (LPA) required care to allow them to continue to live in their own home. One of the donor's attorneys lent the donor money to pay for this care. The loan agreement between the donor and the attorney provided that the loan amount would be repaid when the house was sold with 2% compound interest. The donor no longer has capacity and it has been decided that the property should be sold and the donor go into a home. What action can be taken to ensure that the donor is not prejudiced by the terms of the loan? It is unclear if the donor has a lasting power of attorney (LPA) for property and affairs (P&A) or health and welfare (H&W) or both. Given that decisions have been made by the attorneys that the donor’s home should be sold (requiring a P&A LPA) and that they should go into a care home (requiring a H&W LPA), it is assumed that both...

Private client guide to understanding Russian names

Private client guide to understanding Russian names This guide written in partnership with Dr Leonard Shaefer, a name-processing expert with Onomastic Resources LLC, explains the elements of Russian names and how they are written in romanised script. The aim of this guide and others in the series is to enhance the lawyer-client relationship by improving the lawyer’s understanding of how names work in the client’s culture, as well as helping manage risk. The guide is part of a series exploring the challenges that names from different cultures can present. Other guides include: Islamic names, Korean names and Hispanic names. What's the issue? Cultural competency is increasingly vital to business and social interaction. Lawyers are likely to interact with judges, co-counsel and clients who have surnames that are unfamiliar to you. You might have no idea how to correctly pronounce their last (or first) names. However, getting names right is particularly important for private client advisers, who often deal with important and wealthy clients in person. Inadvertently misspelling or mispronouncing...

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Arbitration weekly highlights—7 September 2023

This week's edition of Arbitration weekly highlights includes: news on the Law Commission report on the reform of the 1996 Act, coverage of guidance on costs from the court in a section 69 application in England & Wales; coverage of arbitration-related decisions in the USA, France, Hong Kong, and the Netherlands; updates relating to withdrawals under the Energy Charter Treaty (ECT); and updates from the Silicon Valley Arbitration & Mediation Center (SVAMC) and the SCC Arbitration Institute. All this, and more, in our weekly highlights.

Admissibility of Intra-EU investor-state arbitration (EU Investors v EU Member States)

Arbitration analysis: The German Supreme Court (Bundesgerichtshof–BGH) held in a series of three landmark rulings that German courts may declare intra-EU investor-state arbitrations inadmissible, even if they are initiated at the International Centre for Settlement of Investment Disputes (ICSID) under the ICSID Convention of 18 March 1965. The BGH’s jurisprudence constitutes a continuation (or rather application) of the European Court of Justice’s (ECJ) decisions in Slovak Republic v Achmea BV (Achmea), Komstroy v Republic of Moldova (Komstroy) and Republic of Poland v. PL Holdings Sàrl (OL Holdings) , where the ECJ held that intra-EU investment arbitration clauses are incompatible with EU law. With its decisions, the BGH went even a step further than the European Court of Justice (ECJ) has thus far, as it grants permission to German courts to interfere with intra-EU investment arbitrations, even in the context of ICSID arbitrations. This is remarkable because ICSID arbitrations are generally considered to be outside of the purview of national courts. Written by Dr. Karl Ömer Rösch and Dr. Nikolaos...

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OL definition

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Property disputes in Scotland (delictual and statutory)

Defences in occupier's liability claims

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Private client guide to understanding Russian names

View the related News about OL

Arbitration weekly highlights—7 September 2023

Admissibility of Intra-EU investor-state arbitration (EU Investors v EU Member States)

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GLOSSARY

OL definition

What does OL mean?

View the related practice notes about OL

Property disputes in Scotland (delictual and statutory)

Defences in occupier's liability claims

View the related q&as about OL

Private client guide to understanding Russian names

View the related News about OL

Arbitration weekly highlights—7 September 2023

Admissibility of Intra-EU investor-state arbitration (EU Investors v EU Member States)

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