Last week, the Lands Tribunal for Scotland issued a decision on the validity of a ‘real burden’ over land. The decision will be particularly relevant to those involved in buying and selling development land.
Last week, the High Court issued a judgment which confirmed that, in considering whether or not a registrant has failed in their duty to comply with an interim order of conditions imposed on their registration, it is important to focus on the purpose of the condition, rather than applying a strict interpretation of its wording.
This key judgment issued on 11th January, deals with some of the most significant issues in causation in birth injury cases. The clarity provided by Mr Justice Ritchie will be welcomed by practitioners.
In Scotland, commercial tenants who breach their lease obligations may find their leases terminated by “irritancy”. Since the 1980s, the lease provisions in question have been rendered less draconian by provisions in the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985. These require the landlord to serve a pre-irritancy warning notice by recorded delivery, giving its tenant an opportunity to remedy the breach before the irritancy is carried out; a minimum of 14 days for failures to pay and a “reasonable” time in other situations.