Dispute Resolution

The Court of Session has recently published a new practice note relating to commercial actions. Background The commercial court came into being back in 1994. It was designed to be a speedy and efficient procedure for settling commercial disputes with a real focus on providing a forum to parties who needed a quality decision quickly…. Read more »

Dispute Resolution

Parking Charges – the myth of enforceability It has perhaps been a longstanding myth (or perhaps hope) amongst those parking on private land, that parking charges issued by private companies on that land cannot be enforced.  It is not clear where that myth stems from but, subject to certain provisions, that is certainly not the legal position.  The position was starkly… Read more »

Dispute Resolution

Notice clauses are usually found at the end of IT contracts and so can often be overlooked. We blogged back in September on why you should check this clause before serving a notice on your supplier or customer, after the Scottish Court of Session decided that a notice hadn’t been validly served in Hoe International Limited v Martha… Read more »

Dispute Resolution

A recent group of decisions from the Court of Session has shed new light on the application of the catchy Latin maxim omnia praesumuntur rite et solemniter acta esse. In translation, the phrase means “all things presumed to have been done duly and in the usual manner” or, for the sake of brevity, the presumption… Read more »

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