Practical Law

Unlike in the rest of the UK, third party rights or jus quaesitum tertio exist at common law in Scotland. A third party identified (expressly or otherwise) in a contract may be granted enforceable and irrevocable rights by the contracting parties. This seventeenth century regime is widely viewed as uncertain and inflexible. As with the … Continue reading Contract (Third Party Rights) (Scotland) Bill: the end of collateral warranties or business as usual? →

Last time we looked at the key differences between English and Scots law when dealing with a contract that is subject to Scots Law. This time we turn our attention to advising on a dispute that is governed by the Scottish courts. You won’t find many court practitioners or advocates wearing a kilt in the Scottish courts … Continue reading Litigating with a kilt on →

Following the 2014 referendum, we may officially be “better together” but the legal systems in England and Wales and Scotland have always been subject to some stark differences. When dealing with a contract that is subject to Scots Law, what are the key differences and where should legal advisors look to adjust terms and conditions or their … Continue reading The art of “kilting”: key differences between Scottish and English law when drafting construction contracts →