Scotland – Law Journals

Expiry of commercial leases: Should I stay or should I go?

In the third in the series of articles highlighting the differences and similarities between the laws of Scotland and England and Wales relating to real estate, Michael Ramsay and Sally Anthony look at differences in landlord and tenant law One of the areas where there is a significant difference between the jurisdictions in commercial leasing …

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Land registration: Registering the difference

In the next of a series of articles highlighting the differences and similarities between the laws of Scotland and England and Wales, Michael Ramsay examines land registration and how technological advances are affecting process When the Covid-19 lockdown hit the UK in the first quarter of 2020, the Land Register in Scotland effectively had to …

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Scottish property law: Community ownership compared

In the first of a series of articles setting out some key differences between the jurisdictions, Sally Anthony considers community rights to buy and transparency of ownership These rights to buy demonstrate the Scottish government’s stated priority to promote and encourage community ownership, based on their belief that it helps to address inequalities in land …

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Scotland: View from the north

Dr Dianne Millen provides practical tips from Scotland on negotiating the no-fault landscape While there are good reasons why fault grounds have been critiqued by practitioners and policymakers across the UK, it is also important to recognise that the desire to maintain cordial relations may sometimes need to be subordinated to the need to litigate …

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Global arbitration: Right place, right time?

Suzanne Kingston, Rachael Kelsey and Geoff Wilson look at developments in arbitration in England and Wales, Scotland and Australia together with tables on arbitration schemes around the world Many countries have statutory provision for family law arbitration schemes and even those that don’t have a statutory scheme have given careful thought to arbitration. In 2012 …

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Scotland: Tips and traps

In the conclusion to a two-part analysis, Fiona Turner and Noel Ferry analyse key differences as to financial provision in Scotland when compared with England and Wales In Scotland, if the value of an asset has crashed post-separation, this is irrelevant when establishing the extent of matrimonial property which should be shared, as will be …

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