Legal Practice Notes

Dobbies Garden Centres Limited sought a Part 26A restructuring plan at a convening hearing in October 2024 and a sanction hearing in December 2024 before the Scottish Outer House, Court of Session. The key headline points are set out below (capitalised terms not defined here have the meanings given in the sanction judgment). This Deal Debrief forms part of our Restructuring plans collection. For an in‑depth analysis of key metrics from RPs filed in England & Wales in 2023, together with commentary from leading figures in the restructuring sphere, see Practice Note: Market Insights Trend Report—trends in Part 26A restructuring plans in 2023 [ Archived]. Name of plan company Dobbies Garden Centres Limited (the Company) Industry sector Garden centres Place of debtor’s incorporation and jurisdictional factors The Company was incorporated in Scotland and its centre of main interests ( COMI) was in...

ARCHIVED: This archived Practice Note considered the key legal developments during 2025 for corporate crime practitioners in Scotland This Practice Note sets out the principal legal developments expected to affect Scottish corporate crime lawyers in 2025 and beyond, and also condenses the changes that have already occurred during 2025. For a UK-wide overview of anticipated developments for corporate crime practitioners in 2025, refer to our E& W Practice Note: Corporate Crime horizon scanner—2025 [ Archived]. Key primary legislation Updates on the passage of government Bills through the UK Parliament of interest to corporate crime practitioners are available in Practice Note: Corporate Crime bills tracker—2025 [ Archived]. This tracker is intended to help corporate crime lawyers in Scotland remain up to date with relevant Acts of the Scottish Parliament and Bills currently being considered by the Scottish...

Searches are a vital component in the examination of any heritable title in Scotland, and no conveyance ought to settle without them. Findings usually derive from public records or registers, often enhanced with material drawn from a range of sources. Typical repositories include: Land Register Register of Sasines Register of Inhibitions Companies House Local Authorities where relevant Carrying out searches is a specialist, exacting and highly technical discipline. Since the mid-19th century, the legal profession has preferred to entrust this work to professional searchers and to rely confidently on their expertise. The seller’s solicitor will usually request the searches. As a matter of routine, they are commissioned early in the transaction to allow time to address any adverse findings. Certain searches must be current on the date of completion, so update searches are ordered immediately before...

This Practice Note summarises the right to buy abandoned, neglected and detrimental land under Part 3A (sections 97B–97Z) of the Land Reform ( Scotland) Act 2003 ( LR( S) A 2003), and the right to buy land for sustainable development under Part 5 (sections 45–73) of the Land Reform ( Scotland) Act 2016 ( LR( S) A 2016). The Scottish Government is conducting a full review of community rights to buy, intended to propose procedural or legislative enhancements to existing Community Right to Buy processes that will support growth in community ownership. The following timetable is proposed: Phase 1 — initial gathering of evidence and views — completed in Autumn 2024 Phase 2 — assessment and formulation of proposals — completed in Spring 2025 Phase 3 — formal consultation — to be completed in Autumn 2025 Phase 4 —...

Break clauses A break clause is a provision in a lease that allows the landlord or the tenant to bring the lease to an early end. The Practice Note: Break options in commercial leases in Scotland examines break clauses in depth and covers: who is entitled to exercise the break the timing for exercising the break clause any pre-conditions to using a break clause the implications for sub-leases For sample drafting, see Precedents: Break clause for commercial lease in Scotland—landlord option—style, Break clause for commercial lease in Scotland—tenant option—style, and Break clause for commercial lease in Scotland—mutual option—style. For practical guidance on exercising a break option, see: Break options—exercising break clauses in Scotland—checklist. Break notices Break options are operated by serving a break notice. The break clause often specifies the requirements for the notice, including its form, the date and method of...

ARCHIVED: This archived Practice Note reviewed the key legal developments in 2023 for dispute resolution practitioners in Scotland. It presents a summary of the principal changes expected to influence Scottish dispute resolution lawyers during 2023 and thereafter, and also outlines the notable developments that have already arisen in 2023... Key primary legislation Details on primary legislation and the progress of UK government bills relevant to dispute resolution, introduced in either the House of Commons or the House of Lords (and which may contain provisions applicable to Scotland), are available in Practice Note: Tracker—legislation, consultations and other developments— Dispute Resolution. This tracker is intended to help Scottish dispute resolution practitioners remain current with Acts of the Scottish Parliament and Bills being considered by the Scottish Parliament that will shape Scottish civil...

ARCHIVED This archived Practice Note reviews the principal legal shifts in 2024 for dispute resolution practitioners in Scotland. It offers an overview of developments anticipated to affect Scottish dispute resolution lawyers throughout 2024 and thereafter, and also highlights the notable changes already seen in 2024... Key primary legislation Details of primary legislation and the status of UK Government Bills relevant to dispute resolution, introduced in the House of Commons or House of Lords (and potentially applying to Scotland), are available in Practice Note: Tracker—legislation, consultations and other developments— Dispute Resolution. The tracker is intended to help Scottish dispute resolution practitioners stay current with Acts of the Scottish Parliament and Bills under scrutiny at Holyrood that will influence Scottish civil litigation... Bankruptcy and Diligence ( Scotland) Act 2024 Introduces reforms to the law...

ARCHIVED This archived Practice Note examined the principal legal developments during 2025 for dispute resolution practitioners in Scotland. It offers a synopsis of the key changes anticipated to affect Scottish dispute resolution lawyers in 2025 and thereafter, and also outlines the notable developments that have already occurred in 2025... Key primary legislation Details on primary legislation and the progress of UK government Bills relevant to dispute resolution—introduced in either the House of Commons or the House of Lords in the UK Parliament (and which may include provisions applying to Scotland)—are available in Practice Note: Tracker—legislation, consultations and other developments— Dispute Resolution. The tracker is intended to help Scottish dispute resolution practitioners remain up to date with Acts of the Scottish Parliament and Bills under consideration by the Scottish Parliament that will affect Scottish civil litigation... Contract ( Formation and...

This Practice Note offers guidance on the current rules and practice in the Scottish civil courts, including electronic lodging of documents and virtual hearings. It does not extend to criminal business or to procedures specific to the All Scotland Personal Injury Court. For key points in Scottish civil litigation, see: Scottish DR: courts and civil procedure—overview, Scottish DR: starting a claim—overview, and Scottish DR: case management and evidence—overview, which link to detailed guidance on particular aspects of dispute resolution in Scotland. Electronic submission of documents in Scotland From 1 December 2025, under the Act of Sederunt ( Electronic Signature and Electronic Transmission of Documents) 2025, SSI 2025/302: an electronic signature meets any requirement to sign or authenticate a document, and electronic transmission (to a person or their solicitor) meets any requirement to send a document to that...

This Practice Note provides an overview of the court structure for civil cases in Scotland, covering the Supreme Court, the Court of Session, the Sheriff Appeal Court and the Sheriff Courts It outlines each court’s role, their composition and jurisdiction. It also covers the procedures that govern proceedings, the precedential weight of decisions, and the avenues of appeal. It should be read alongside the —flowchart, which gives a simple diagram of the civil court system. Note: any mention in this Practice Note of appeals to the Supreme Court should be understood as relating to matters where an application for permission to appeal, or a notice of appeal, was lodged on or after 2 December 2024, when the SCR took effect ( SCR 1). The SCR 2009 (described here as the ‘old SCR’) are revoked on that date ( SCR 62(2)). However, the old SCR remain...

FORTHCOMING CHANGE: The Charities ( Regulation and Administration) ( Scotland) Act 2023 will be implemented in two additional stages, which are expected to occur (i) in late summer or early autumn 2025 and (ii) by the close of the 2025 calendar year, respectively. The Scottish Government has indicated it will legislate to revise the accounting audit thresholds in Scotland, in order to raise the gross income threshold from £500,000 to £1m. New regulations are expected in autumn 2025. Regulation by the Office of the Scottish Charity Regulator The Office of the Scottish Charity Regulator ( OSCR) was created by the Charities and Trustee Investment ( Scotland) Act 2005 (2005 asp 10) ( CTI( S) A 2005) to be the registrar and regulator of Scottish charities. It functions as the registrar and regulator of Scottish charities......

FORTHCOMING CHANGE: The Fundraising Regulator has recently revised the Code of Fundraising Practice, and a revised code was published in early 2025. The revised code will take full effect from 1 November 2025, with a structured transition phase commencing in May 2025. Self-regulatory regime in Scotland Apart from limited statutory provisions, charity fundraising in Scotland is self-regulated. Since July 2016, following a review carried out on behalf of the Scottish Government, the regime has been described as enhanced self-regulation. This places the initial responsibility on charities when concerns about fundraising practice arise. Fundraising staff (where they exist) should seek to resolve a complaint at the first opportunity. If this does not work, the second stage is a direct complaint to the charity’s trustees. Role of the Scottish Fundraising Adjudication Panel If a complaint needs to go beyond a charity’s trustees, the third and final step is to take the...

Unrestricted funds—general use of assets The overarching rule for applying a charity’s assets is that, unless a specific restriction applies, both income and capital should be used to further the charity’s purposes and to deliver public benefit. Even where funds are classed as unrestricted, there may still be constraints on spending income and capital on the charity’s assets, typically set out in the charity’s constitution. Constitutions may impose conditions on distributing income, on carrying income forward for use in later years, or on accumulating it and converting it into capital. Limits on distributing capital may likewise be specified in the constitution. Where the constitution is silent, the usual expectation is that trustees will, as a minimum, distribute income and have discretion to distribute capital. Funds that are not unrestricted generally fall into three main types: designated funds (which are truly a subset of...

This Practice Note explores the legal issues involved in taking on an apprentice in Scotland, setting out the context and key distinctions. Introduction to apprenticeships in Scotland The apprenticeship contract has its roots in Scotland’s Middle Ages, where it served to control and often monopolise the craft or business carried on in certain trades. By the early nineteenth century, courts were already being asked to separate apprenticeship agreements from other, usually employment, contracts, and that inquiry has persisted ever since. Today, the Scottish Modern Apprenticeship system is markedly different and widespread. It is largely state backed, aiming to align skills with the needs of business and industry across sectors. Modern Apprentices learn in the workplace as well as through colleges and universities, combining practical experience with formal study. Training providers supervise and oversee the apprenticeship throughout. Contemporary arrangements are frequently tripartite, bringing together...

The current administration of the agricultural subsidy schemes in Scotland The management of Scotland’s farm subsidy programmes is run by the Scottish Government Rural Payments and Inspections Department ( RPID), also referred to as the Agriculture Food and Rural Communities Directorate ( AFRCD). RPID oversees a range of EU and National subsidy schemes, largely through the Integrated Administration and Control System ( IACS)—hence the term ‘ IACS Forms’. Despite ongoing computer difficulties, applicants must still complete the necessary forms, in hard copy or online, typically each year and by scheme-specific closing dates, to secure subsidy. Following the UK’s withdrawal from the EU, the Scottish Government has had to establish its own legal framework to adjust the effect of retained EU law related to the Common Agricultural Policy ( CAP), and to facilitate the collection and processing of agricultural data. Sections 1–12 of The...

FORTHCOMING CHANGE : The Trusts and Succession ( Scotland) Act 2024 received Royal Assent on 30 January 2024, signalling the first significant overhaul of Scottish trust law in more than a century since the Trusts ( Scotland) Act 1921. The trust provisions still require secondary legislation from the Scottish Ministers before full commencement, whereas the succession elements took effect on 30 April 2024. The headline reforms aimed at modernisation are outlined in News Analysis: Trusts and Succession ( Scotland) Bill passed. Practice Notes addressing Scottish trusts and succession will be updated further to reflect this new legislation... Civilian origin of Scots trust law and fideicommissum Scottish trust law differs from the English law of trusts in several notable respects, though Scots law has absorbed certain English concepts and terminology. A concise overview of the historical foundations of the Scots law of trust may aid...

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...

STOP PRESS— Draft Repairing Standard ( Scotland) Regulations: Proposals tabled before the Scottish Parliament in January 2026 set out focused changes to the Housing ( Scotland) Act 2006 ( H( S) A 2006) and the linked repairing standard framework. The instrument would revise H( S) A 2006, s 13 to state explicitly that a private let must be largely free of damp and mould. It would likewise add duties in law obliging landlords to look into notifications (or awareness) of damp or mould within ten working days and, where necessary safety work is flagged, to begin remedial works within an additional five working days. Non‑compliance may amount to a breach of the repairing standard; see ‘ Statutory Repairing Standard—common repairs exemption’ below. Landlord Regulation Private landlords must follow various statutory rules when letting homes, as outlined below. Landlord...

FORTHCOMING CHANGE The Trusts and Succession ( Scotland) Act 2024 obtained Royal Assent on 30 January 2024, representing the first reassessment of Scottish trusts law in more than a century since the Trusts ( Scotland) Act 1921. The trusts provisions will come into force only following secondary legislation made by the Scottish Ministers, whereas the succession elements commenced on 30 April 2024. The principal updates modernising the law are outlined in News Analysis: Trusts and Succession ( Scotland) Bill passed. Practice Notes dealing with Scottish trusts and succession will be further revised to reflect this new statute. This Practice Note outlines the Scots law requirements for a Will to be formally valid and the conditions that must be satisfied to give effect to a Will. For general guidance on Wills under Scots law, see Practice Note: Wills in...

The debtor's home in sequestration In most sequestration cases where a debtor holds assets, these often include the debtor’s home (see Practice Note: Scotland: the process for applying for sequestration). Frequently, it is the sole asset owned by the debtor, either outright or jointly with another, typically a spouse or partner. For definitions of regularly used Scottish insolvency terminology, see Practice Note: Glossary of Scottish insolvency words and expressions. The trustee is obliged to realise that interest so it can be shared among the debtor’s creditors. Trustees generally wish to avoid the disruption and cost of removing debtors and their families, followed by the marketing and sale of their homes. They therefore usually prefer the debtor, or a third party, to purchase the trustee’s interest and will, where feasible, seek dialogue with the debtor to determine whether such an offer may arise. In many...