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Brodies LLP | United Kingdom | 9 Feb 2023
Use of documents in proceedings - how to avoid being held in contempt of court….
Within court proceedings, a party has no right to use information or documents recovered in those proceedings for any other purposes. A party can…
Brodies LLP | United Kingdom | 8 Feb 2023
Court rules on the breadth of arbitration clause
A recent Court of Session decision ([2023] CSOH 6) has clarified the breadth of arbitration clauses in Scotland. In the case, the court provided…
Brodies LLP | United Kingdom | 23 Feb 2022
What happens when a will is lost?
To have legal effect, a will has to be signed on every sheet by the person granting it. A copy signature isn't enough. So, a copy can't be used in…
Brodies LLP | United Kingdom | 23 Nov 2021
Alternative Dispute Resolution - what are the options in a commercial dispute?
Ideally, this will involve an agreement being negotiated between the parties themselves, allowing them to get on with running their businesses…
Brodies LLP | United Kingdom | 22 Nov 2021
Actions ad factum praestandum - how to enforce performance of an act other than procuring payment
A performance order can only be sought against a party who is under a legal duty to perform an act (other than making payment of money). Examples…
Brodies LLP | United Kingdom | 15 Oct 2021
What are Caveats? The Early Warning System
Did you know it was possible in Scotland to receive advance notice of someone trying to raise certain court orders against you or your business, in…
Shoosmiths LLP | United Kingdom | 3 Sep 2021
Insolvency in Scotland: Back to Basics - Part 1, Winding Up
A winding up petition is a form of legal action that can be used when a company is unable to pay its debts as they fall due. Sections 122 to 124 of…
Brodies LLP | United Kingdom | 3 Jun 2021
QOCS is happening: Qualified One-Way Costs Shifting rules now published in Scotland
It has been a long time coming, but the day is finally here: court rules on Qualified One-Way Costs Shifting (QOCS) have now been published in…
Digby Brown LLP | United Kingdom | 26 Jan 2021
Scottish mesothelioma sufferer secures £1.3million after Court of Session prioritises case during COVID-19 lockdown
Our client Mr A was diagnosed with mesothelioma in January 2019. He was just 48-years-old. He contracted the disease after being exposed to asbestos…
Digby Brown LLP | United Kingdom | 29 Oct 2020
Expenses argument in the Court of Session
An interesting Opinion was recently published in the Court of Session case of Susan Keenan v EUI Ltd ([2020] CSOH 89). This involved a personal injury…
