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Agricultural holdings dispute resolution in Scotland—Land Court and arbitration

Agricultural holdings dispute resolution in Scotland—Land Court and arbitration Historically almost all disputes relating to agricultural tenancy matters were referred to arbitration in the first instance. The thinking was that many issues relating to agricultural holdings have a large practical element, and arbitration was likely to be a better way of resolving matters than reference to a court. As time went on however, many issues involving legal complexity were dealt with before arbitrators. When the Agricultural Holdings (Scotland) Act 2003 (AH(S)A 2003) was passed, there was a change in policy, and the primary means of dealing with disputes relating to agricultural tenant matters is now by reference to the Scottish Land Court. At the same time, arbitration procedure was simplified, and other resolution methods eg mediation, were made possible. Although the Agricultural Holdings (Scotland) Act 1991 (AH(S)A 1991) still contains separate provisions for dispute resolution, these have been greatly modified by AH(S)A 2003, with the result that the dispute resolution provisions relating to 1991 Act Tenancies are largely...

Key differences in the law of contract between Scots and English law

Key differences in the law of contract between Scots and English law Scots contract law has in many ways become similar to its English counterpart despite their different roots. Some English law concepts, such as undue influence and anticipatory breach, have been incorporated into Scots contract law and some leading authorities are the same in both systems. However, there are some key differences of which it is important to be aware. The aim of this Practice Note is to highlight some of the key differences between Scots and English contract law. In particular, the Practice Note looks at: • the formation of contracts • rights under contracts, and • enforcing rights following a breach of contract In March 2018, the Scottish Law Commission published its Report on Review of Contract Law: Formation, Interpretation, Remedies for Breach, and Penalty Clauses making recommendations for change, including: • a new statutory statement setting out the rules on formation of contract, covering key points for contract formation • abolition of the...

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What are the risks faced by the grantee of an option over land in Scotland and how can these be mitigated?

What are the risks faced by the grantee of an option over land in Scotland and how can these be mitigated? Reference is often made to ‘put’ option agreements and ‘call’ option agreements. A call option agreement is one where the buyer (grantee) can call upon the seller (grantor) to sell a property (or part of it) to the grantee. A put option is one in which the landowner can call upon the grantee to purchaser the property, see Practice Note: Options to purchase property—Scotland. When an option over land is granted, the grantee has a contractual right to exercise the powers conferred to them by the option agreement. These powers most commonly involve the right to purchase the land: • at a particular point in time, or • within a certain time-frame at • a price, or • a pricing strategy (such as the market value of the land at the time of purchase) determined at the time the option was agreed. ...

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Keep-open provisions in Scotland—‘half-hearted’ trading is not enough

Property analysis: Ben Zielinski, principal associate at Shoosmiths, considers how Marks & Spencer (M&S) recently narrowly escaped being found in contempt of court after the Court of Session decided it had breached an interim order to re-open and keep open for business the whole of its store as required by a ‘keep-open’ provision in its lease.

Public Law weekly highlights—18 October 2018

This week’s edition of Public Law highlights includes selected Brexit headlines and legislation updates, including the latest tranche of no deal technical notices, published ahead of this week’s European Council summit, and a range of Brexit SIs, plus important updates on plans for introducing the necessary Brexit legislation for Northern Ireland and increasing the Secondary Legislation Scrutiny Committee’s capacity to cope with its increased workload. Also in this edition, a number of public law updates including case analysis on public procurement, State aid and equality, and a consultation on ethnicity pay reporting.