September 2017 – Latin Tag Axed. Third Party Rights Reborn

The Contract (Third Party Rights)(Scotland) Bill (“the Bill”) The Bill was passed by the Scottish Parliament on 21st September. 109 votes were cast in favour; there were no votes against; and no abstentions. Something so uncontroversial does sound a bit … More

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June 2017 – Rectifying A Wayward Will

Rectifying contracts and other deeds Since 1985 there have been statutory provisions in place so that where: a contractual document fails to express accurately the common intention of the parties when the agreement was made; or a document intended, for … More

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February 2017 – In terrorem “Penalty clauses” in contracts – the Scottish Law Commission review

The Scottish Law Commission is currently reviewing the law on “penalty clauses” in contracts. Their consultation exercise closes at the end of this month. It’s worth outlining what “penalty clauses” are; the current state of the law; and what the … More

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July 2015 – Execution In “Counterpart” Goes Live

Legal Writings (Counterparts and Delivery) (Scotland) Act 2015 (“the Counterparts Act”) General background Contracts may be formed in various ways. For example, in relation to the sale and purchase of a house, a succession of formal letters are normally exchanged … More

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