Contract (Third-Party Rights) (Scotland) Act 2017 now in force
The Contract (Third-Party Rights) (Scotland) Act 2017 was passed by the Scottish Parliament on 21 September 2017, it received Royal Assent on 20 October 2017 and it comes fully into force today, 26 February 2018, bringing Scottish contract law into line with the approach adopted in the rest of the UK vis-a-vis third party rights. … Continue reading Contract (Third-Party Rights) (Scotland) Act 2017 now in force
Are payment provisions working in Scotland?
Payment in the construction industry is regulated by the Construction Act 1996, as amended by the LDEDC Act 2009. One of the reasons behind the introduction of the Construction Act 1996 was to ease cashflow and speed up payment. However, it has to be questioned whether this aim has been achieved (and I note this is … Continue reading Are payment provisions working in Scotland?
Contract (Third Party Rights) (Scotland) Bill: the end of collateral warranties or business as usual?
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?
Increased emphasis on ADR in commercial actions in Scotland
The Court of Session has issued new requirements for commercial actions. These requirements took effect from 27 March 2017 and highlight a change in emphasis for alternative dispute resolution in Scotland. The new requirements only apply to commercial actions in the Court of Session. The definition of a commercial action is wide. Broadly speaking, a … Continue reading Increased emphasis on ADR in commercial actions in Scotland
Specific implement in Scots Law
A range of issues arise from the facts of Kier Construction Ltd v WM Saunders Partnership LLP. However, the main point to note is that the Scottish courts are willing to order specific implement (specific performance) to compel a party to a contract to provide an executed collateral warranty that they were contractually obliged to give.
Litigating with a kilt on
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
The art of “kilting”: key differences between Scottish and English law when drafting construction contracts
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
