Professional Practice Updates - June 2015

Scotland's civil court reforms will start to be seen within months.

The much-anticipated specialist sheriff court, with a Scotland-wide jurisdiction for personal injury cases, will open in Edinburgh Sheriff Court on 22 September 2015.

It will be mirrored by an extension of the exclusive jurisdiction of all sheriff courts to actions with a value of up to £100,000.

At the same time, the Sheriff Appeal Court will be established at first with jurisdiction for criminal cases and, after January 2016, with jurisdiction also in civil cases.

The new simple procedure, to be managed by summary sheriffs, will be introduced in spring 2016.

Further updates will follow once more information becomes available.

Following extensive consultation, the Scottish New Build Standard Clauses (2015 Edition), negotiated between Alan Minty, of Gillespie Macandrew, and Ross MacKay, Convener of the Society’s Property Law Committee, have now been registered in the Books of Council and Session. These can be downloaded here to assist in transactions where the seller is a builder selling a new-build property. These can be used to assist both sellers and purchasers in negotiations.

To reflect commercial requirements, these are necessarily weighted in favour of the builder, but, notwithstanding this, they are intended to reflect an appropriately balanced position which will hopefully facilitate those selling on behalf of, or buying from, a builder. A client guide and practitioners’ guide will follow in due course.

Download the Scottish New Build Standard Clauses (2015 Edition) (PDF)

Download a 'word' version

The Society has been made aware that LBG intends as part of its due diligence to extend its programme of requisitioning files from solicitors.  Solicitors are reminded of the Society’s guidance when responding to lenders’ requests for files.

The Professional Practice team is on hand to discuss any requisitions and the applicability of the guidance and can be reached on 0131 226 8896.