Citation (Scotland) meaning

In this issue: Business tenancies Disputes and remedies Property Disputes in Scotland LexTalk®Property Disputes: a Lexis®Nexis community Additional Property disputes updates Daily and weekly news alerts Dates for your diary New and updated content Trackers Latest Q&A Business tenancies Competing approaches to a tenant’s ‘holding’ in claims for renewal of business tenancies (Sainsbury’s Supermarkets Ltd v Medley Assets Ltd) In Sainsbury’s Supermarkets Ltd v Medley Assets Ltd [2024] Lexis Citation 358, a contested application to renew a business tenancy under the Landlord and Tenant Act 1954 (LTA 1954) was examined. The landlord relied on ground (f), asserting a reasonable need to recover possession to undertake substantial works. A key ancillary question concerned the scope of the tenant’s ‘holding’, hinging on how that term is construed in LTA 1954, s 30, and whether it aligns with or differs from ‘holding’ in LTA 1954, s 32 (the property to be included in any new tenancy)....

In this issue: Repairing obligations and dilapidations Trespass and adverse possession Service charges Residential tenancies Disputes and remedies Rent and rates Easements and covenants Property disputes in Scotland Additional Property Disputes updates LexTalk® Property Disputes: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Repairing obligations and dilapidations Building Safety Act—remediation contribution orders—respondents’ appeal dismissed in Vista Tower (Grey GR Ltd Partnership v Edgewater (Stevenage)) In Grey GR Ltd Partnership v Edgewater (Stevenage) [2025] Lexis Citation 276, the Upper Tribunal (UT) rejected the respondents’ appeal against the First-tier Tribunal’s (FTT) grant of a remediation contribution order under section 124 of the Building Safety Act 2022, made against 75 respondents. Marcus Birch of BCLP reviews the decision. See News Analysis: Building Safety Act—remediation contribution orders—respondents’ appeal dismissed in Vista Tower. High Court held progressive failure of window seals constituted disrepair (Better...

In this issue: Investigating criminal conduct Cross-border criminal investigations Prosecution decisions and alternatives to prosecution Criminal procedure and evidential matters Proceeds of crime Appeals and judicial review Bribery, corruption, sanctions and export controls Consumer protection and cartels Environmental offences Financial services and pensions offences Food safety and hygiene offences Health and safety and corporate manslaughter offences Insolvency offences and Companies Act offences Money laundering Corporate crime in Scotland International Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Investigating criminal conduct Ban on misconduct NDAs casts doubt on settlements The government’s plan to render non-disclosure agreements (NDAs) void where they cover alleged workplace harassment and discrimination is expected to deter employers from resolving claims, adding strain to tribunals and early conciliation services. See News Analysis: Ban on misconduct NDAs throws settlements into question. DBT...

This practice note explains the use of witness statements by witnesses of fact in the Scottish courts, with reference to the relevant rules, guidance and case law, and offers practical drafting points. It does not deal with expert witnesses, precognition of witnesses, affidavit formalities, intimation and lodging of lists of witnesses, taking of witness evidence at a commission, citation of witnesses for proof, oral examination and cross-examination of witnesses, assessment of witness evidence, vulnerable witnesses or witness expenses. For a style witness statement, see Precedent: Witness statement—Scottish civil proceedings. For guidance on: issues to consider before bringing a civil claim in a Scottish court and other aspects of starting and progressing a civil claim in Scotland, see: Scottish DR: prescription and limitation—overview, Scottish DR: starting a claim—overview and Scottish DR: case management and evidence—overview respectively, which link through to more detailed guidance other key areas of Scottish law and procedure, see our Scotland collection the equivalent in England and Wales, see Practice Notes: Planning,...

This Practice Note reviews certain judicial decisions that demonstrate how Part III of the Private International Law (Miscellaneous Provisions) Act 1995 (PIL(MP)A 1995) operates in tort matters. Judgment and citation Facts Decision Walter Hugh Merricks CBE v Mastercard Inc [2024] EWCA Civ 759 at para [146] The proceedings involved follow-on competition claims. The Court of Appeal regarded this as an exceptional instance where the section 11 rule should yield to section 12. Its reasoning was markedly shaped by the Commission’s decision and the collective redress setting. The logic was that section 11 would otherwise lead to applying the laws of the countries in which the anti-competitive restriction occurred. Yet here, the European Commission had already determined the restriction of competition and the court was dealing with a follow-on action. It was judged ‘substantially more appropriate’ for the questions in the follow-on proceedings to be resolved under the laws of England and Wales or Scotland, as relevant respectively. Zubaydah v Foreign, Commonwealth and Development Office [2023]...

Civil justice reform See our Practice Note: Civil justice reform in Scotland—virtual hearings and electronic submission of documents for up-to-date guidance on the position in the Scottish civil courts regarding remote hearings and the electronic signing, sending and lodging of documents. This Practice Note outlines the practical considerations when preparing for a proof or a proof before answer in Scottish civil proceedings. As procedures differ, they carry distinct procedural obligations and deadlines. Consult the specific rules to ensure all procedural requirements are fulfilled. For guidance on Specific procedures: Scottish DR: courts and civil procedure—overview Other aspects of commencing and advancing a civil claim in Scotland: Scottish DR: prescription and limitation—overview; Scottish DR: starting a claim—overview; and Scottish DR: case management and evidence—overview, each linking to more detailed guidance The equivalent in England and Wales: Trial—overview, which links to detailed guidance on preparing for trial Key AJ(S)A 1972—Administration of Justice (Scotland) Act 1972 AWA 1854—Attendance of Witnesses...