It is a long-standing but nevertheless unsatisfactory feature of Scots law that the Lord Advocate performs two quite incompatible roles. On the one hand, the Lord Advocate is the Head of the Scots state prosecution service, the Crown Office and Procurator Fiscal Service (COPFS) and yet he or she is…
[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…
In my previous blog post I argued:
Parliament is sovereign and only an Act of Parliament can repeal an existing Act of Parliament. The UK entered the European Union by the passing of the European Communities Act 1972. To trigger an Article 50 of the TEU withdrawal from the European…
The use of the prerogative power to invoke Article 50 of the TEU has been much discussed since the Brexit vote on 23 June 2016 (including this initial post on the matter and a follow-up post). The present author believes that only an Act of Parliament can be used to…
The UK stands on edge of the momentous decision to leave the EU. It is therefore vital that the true meaning of Article 50 is understood. In particular it is my contention that this cannot be triggered by the decision of the PM or cabinet but only by Act of…
