Inhibition meaning

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....

For many years, debtors have relied upon trust deeds in order to reach a compromise with their creditors as an alternative to formal sequestration in Scotland (see Practice Note: Scotland: the process for applying for sequestration). Rooted in the common law, trust deeds long attracted a relatively ‘light touch’ from the courts, but the law now pays closer attention to them and to this field generally today. Accordingly, trust deeds are presently subject to markedly tighter regulation than previously in Scotland. This Practice Note outlines the key legal principles on trust deeds and the process for obtaining, and the effect of, protected status in this context too. For definitions of frequently used Scottish insolvency terminology, see Practice Note: Glossary of Scottish insolvency words and expressions therein. The Scottish government has announced a commitment to review both formal debt recovery mechanisms—diligence—and the statutory debt solutions—moratorium protection, bankruptcy, Protected Trust Deeds and the Debt Arrangement Scheme—with the aim of ‘further enhancing and improving our system’ in due...

This Practice Note outlines the principal differences between Scots law and the law of England from the viewpoint of an English lawyer practising in Construction law. Any questions of terminology are not considered in this Practice Note. Assignment/Assignation In England, assignment takes two recognised forms: legal assignment and equitable assignment. Under Scots law, the notion of equitable assignment does not exist. The transfer of incorporeal property, including rights arising under a contract, is termed assignation and operates in two stages. First, the parties conclude an agreement to transfer the property, which creates a personal right to demand performance of that transfer. A personal right is enforceable against another person to secure the carrying out of an obligation, here the obligation to transfer the property. Secondly, there is conveyance—the actual passing of legal title—producing a real right in the property once notice has been given to the other party to the assigned contract. In England, obligations under a contract cannot be assigned without the consent of the party with...