Ex facie meaning

M/s Arif Azim Co Ltd v M/s Aptech Ltd [Arbitration Petition No. 29 of 2023] What are the practical implications of this case? This ruling delivers several important, real-world consequences for arbitration practice: The SC confirmed that the Limitation Act, 1963 applies across arbitral matters, including requests to appoint arbitrators under Section 11(6) of the A&C Act. It further noted the need for a legislative amendment to fix a bespoke limitation period for Section 11(6) applications, observing that the currently applicable three-year period—arising from a gap in the A&C Act—is unduly long and undermines the Act’s objective of resolving commercial disputes promptly and within strict timelines The SC also highlighted the clear separation between the time limit for submitting a Section 11(6) application under the A&C Act and the limitation period for commencing arbitration itself (i.e. serving a notice invoking arbitration) in relation to the underlying claims These clarifications guide parties on timelines at both the appointment stage and when triggering arbitration...

Cave Projects Ltd v Gilhooley and others [2025] IESC 3 What are the practical implications of this case? The judgment underscores the long‑standing principle governing appellate practice: submissions not advanced promptly or effectively in the courts below will not generally be entertained on appeal. Although recent trends suggest a degree of latitude for fresh points at the appellate stage, the ventilation of wholly new arguments after a full plenary trial will rarely be permitted, save in truly exceptional situations. The threshold for such indulgence remains high and is seldom crossed. Practitioners should note that neglecting to squarely present an issue at first instance is liable to preclude its consideration on appeal. Timing and clarity at trial matter. Here, the appellant did attempt to broach the retrospective operation of the Central Bank notice in the High Court, but the Supreme Court found this was pursued in a ‘rather desultory fashion’, and the contention was not distinctly put in the examination or cross‑examination of witnesses. Where reliance is to be placed...

Arif Azim Co Ltd v Aptech Ltd, [Arbitration Petition No 29 of 2023] [Case name and citation] What are the practical implications of this case? The judgment clarifies limitation for filing a Section 11(6) application under the Arbitration Act. In the absence of an expressly stipulated period, the court resolved the issue by holding that Article 137 of the Limitation Act operates as the residual provision. This pronouncement settles the long‑running uncertainty surrounding the timeline for Section 11 applications. It will, in practical terms, guide parties on when to advance claims and move for the appointment of an arbitrator, helping them avoid the sting of limitation. Equally, the court's insistence on testing and rejecting non-arbitrable or dead claims at the threshold aims to shield parties from being drawn into drawn-out and costly arbitral proceedings. Such a filter should, ultimately, discourage needless arbitrations. That said, any assessment of dead claims must remain prima facie, as excessive intervention at the pre-arbitral stage would invite unwarranted judicial involvement...

A glossary of frequently used terms and phrases in Scottish Private Client law, with the closest England and Wales equivalents (where applicable) and links to helpful websites Ab intestato Meaning From someone who dies without a will; describes property taken under the laws of intestate succession. Nearest English equivalent None Action of specific implement Meaning A court action seeking an order compelling a party to carry out a particular act. In Scotland there is no division between equitable and legal remedies, unlike England and Wales. Nearest English equivalent Specific performance (an equitable remedy for breach of contract that can be ordered alongside, or in place of, damages) Advance notice Meaning An entry in the relevant property register that protects the grantee of a deed intended for registration in the Land Register of Scotland. The protected period of 35 days begins on the day after registration....

This is a glossary of common words and expressions used in Scottish insolvency law with the nearest England and Wales insolvency law equivalent (where relevant) Absolute insolvency Meaning: When a person’s liabilities are greater than the overall worth of their assets. Nearest English equivalent: Balance sheet insolvency. Accountant in Bankruptcy (AiB) Meaning: A Scottish Government agency overseeing the regulation of personal bankruptcy (sequestration and Protected Trust Deeds) in Scotland, and able to serve as trustee in sequestrations where no insolvency practitioner is appointed. It also maintains records of corporate insolvencies in Scotland (receivership and liquidations only) but does not perform the role of Official Receiver. See Practice Note: Scotland: the Accountant in Bankruptcy. Nearest English equivalent: N/A. Accountant of Court Meaning: A court-appointed officer within Scottish Courts and Tribunals who administers funds consigned to the Accountant of Court pursuant to a Court of Session interlocutor or during liquidation proceedings. They oversee Judicial Factors or Administrators appointed by the Court to manage estates...

This glossary outlines commonly used terms and phrases in Scottish property law, together with the closest England and Wales equivalents (where appropriate), and signposts guidance on differences between Scottish property transactions and law, as well as useful property-related websites. A non domino disposition Meaning A disposition granted by someone with no title to the property. Formerly, this could regularise a defective title where, after registering a non domino disposition, the grantee possessed the property openly, peaceably and without judicial interruption for ten years. Since 8 December 2014, with the commencement of the Land Registration etc (Scotland) Act 2012 (LRE(S)A 2012), a party seeking to obtain title to land where no owner can be traced must comply with the prescriptive claimant provisions in LRE(S)A 2012, ss 43–45 before submitting an a non domino disposition for registration. Nearest English equivalent None, although possessory title is similar. Action of specific implement Meaning A court action seeking an order compelling a party to perform a specified...