Page 2 of 2Posts 11 to 19 of 19
On 15 April, Scott Styles wrote here on Covid-19 and the Frustration of Leases on the Grounds of Illegality. In this short note, Mitch Skilling and Douglas Bain consider – in much briefer form and citing far fewer authorities than Mr Styles’ scholarly discussion - another aspect of contract and…
JUSTICE Scotland have now submitted their response to the Scottish Government on the recent Mock Jury Research findings. Whilst noting that the Research is an interesting piece of work, providing insight into the relationship between three unique elements of the Scottish jury system and the effect that these may have on jury decision making…
Scotland’s Domestic Abuse and Forced Marriage Helpline (24 hours): 0800 027 1234 or helpline@sdafmh.org.uk
This is Part 2 of a two-part blog post which makes a number of preliminary observations about the potential impact of the Covid-19 pandemic and social distancing policy on Scottish criminal justice…
Scotland’s Domestic Abuse and Forced Marriage Helpline (24 hours): 0800 027 1234 or helpline@sdafmh.org.uk
Introduction
Largely due to the efforts of feminist campaigners, over the last few decades the scale of domestic abuse has become increasingly visible, and there have been major strides in terms of legal recognition…
[This blog is an extract of a much fuller article on Frustration available online from the University of Aberdeen Centre for Scots Law]
Contract Law and Frustration
Certainty of performance is at the heart of contract law, as Lord Hope remarked
“…the maxim pacta sunt servanda [‘agreements must be…
Professor Ken Reid notes in his Property (Stair Memorial Encyclopaedia vol. 18) at para 277 that ‘[t]enements or 'lands' were in widespread use in Scotland as early as the sixteenth century. But despite this long history they are little discussed by juristic writers before Hume and Bell and there are…
Dr Douglas Bain and Mitch Skilling here unpick an interesting tenants’ notice clause in a Private Residential Tenancy (PRT) under the Private Housing (Tenancies) (Scotland) Act 2016 and reach some broader conclusions.
In any university town, students will make up a large part of the private rented sector’s consumer pool.…
An experienced risk consultant once told me that reporting on uncertain statistical analysis could end up being 'a game of smoke and mirrors'. During another project, a highly qualified computer science researcher advised me to always do 'a pencil and paper exercise' on expected inputs and outputs before embarking upon…
This blog post is a follow-up to a previous post by Mitchell Skilling and Douglas Bain from June 2018.
The Upper Tier Tribunal for Scotland is the appellate court of the First-tier Tribunal for Scotland’s various Chambers, as established by the Tribunals (Scotland) Act 2014 (asp 10). Prior to April…
