Absolvitor The judgement pronounced when a court assoilzies a party. Accountant in Bankruptcy The administrative supervisor of sequestrations and personal insolvency. Accountant of Court An officer of court who supervises the conduct of judicial factors. Act and warrant The interlocutor in sequestration proceedings which confirms the appointment of the trustee. This was formally brought into Scots law by the Contract Scotland Act A court order which requires the performance or fulfilment of some physical rather than financial obligation, for example to restore a damaged wall. Ad hoc Referring only to a particular case or to a specified set of circumstances. See amend. Administration Order A court order appointing an administrator for a company in financial difficulties but not hopelessly insolvent. Adoption The statutory process whereby the parental rights and duties of natural parents are extinguished and vested in adopters.
Glossary of Scottish Legal Terms
Before transacting electronically with others, one needs to be sure that the electronic signatures will be as legally binding as traditional wet ink signatures and offer adequate protection from forgery.
Advocate – A lawyer who is a member of the Faculty of Advocates, or Scottish Bar. Floating trial – A High Court case where the date and place of the trial can vary. Indictment – A court document that sets out the charges the accused faces.
It’s important for you to make a will whether or not you think you have many belongings, property or much money.
Finalising the sale
By Craig Ramsay 23 Feb Pre 1 July , the prevailing view under Scots law was that counterpart execution was not competent. When it came to completing transactions, the options were either: i have a meeting with all parties physically in attendance; or ii circulate a single copy of the agreement to all parties for signing.
Obviously with transactions involving multiple parties and in different locations, this proved cumbersome and sometimes led to the parties choosing English law as the governing law and thereby benefitting from counterpart execution. The Act introduced counterpart execution in Scotland on a statutory basis.
This opinion is limited to Scots law as applied by the Scottish courts and is given For the purpose of this opinion we have examined the documents listed and, at the exchange rate prevailing at the date of commencement of the liquidation.
As we reach the end of , it is instructive to review the major developments in Scots law in the past year or so in relation to the use and legality of electronic documents, electronic signatures and the electronic delivery of both electronic and traditional paper documents. There is now a strong argument that the law is far clearer in Scotland than across the Border, to the benefit of businesses operating under Scots law.
Scots and English law on electronic documents and signatures are based on European law. This made all types of electronic signatures as defined in the legislation admissible in court to evidence the authenticity or integrity of an electronic communication. Recent legislation including The Land Registration etc.
Scotland Act and the Electronic Documents Scotland Regulations means that Scots law now confers equivalent status and standards of validity on documents created in electronic form in compliance with the new law to that given to paper documents with the exception of wills and testamentary writings which must be created and signed in traditional form. An advanced electronic signature backed up by a certificate in terms of the legislation will attract the same statutory presumptions of authenticity as a pen and ink executed and witnessed paper document.
For other types of document, any form of electronic signature as defined in the Electronic Communications Act is competent, although use of an advanced electronic signature will carry greater evidential weight than other simpler but still competent forms, such as scans of the original handwritten signature.
The PoA document
Increasingly, public and private sector organisations alike are considering abandoning the traditional hard copy pen and ink signature process in favour of the electronic equivalents, especially for bulk commoditised type contracts. This note addresses some commonly asked questions.
Divorce and Separation in Scotland A divorce is the ending of the legal contract of marriage and you can only get a divorce What is the date of separation?
The Freedom of Information Act provides public access to information held by public authorities. The Act covers any recorded information that is held by a public authority in England, Wales and Northern Ireland, and by UK-wide public authorities based in Scotland. Public authorities include government departments, local authorities, the NHS, state schools and police forces. However, the Act does not necessarily cover every organisation that receives public money. For example, it does not cover some charities that receive grants and certain private sector organisations that perform public functions.
Recorded information includes printed documents, computer files, letters, emails, photographs, and sound or video recordings. The Act does not give people access to their own personal data information about themselves such as their health records or credit reference file. If a member of the public wants to see information that a public authority holds about them, they should make a data protection subject access request. The government first published proposals for freedom of information in In the white paper Your Right to Know , the government explained that the aim was a more open government based on mutual trust.
This White Paper marks a watershed in the relationship between the government and people of the United Kingdom. At last there is a government ready to trust the people with a legal right to information. Access to information helps the public make public authorities accountable for their actions and allows public debate to be better informed and more productive.
What is the Freedom of Information Act?
We do not provide power of attorney PoA template documents as our role is to provide a registration service and general PoA advice. You will need to arrange for your own PoA to be drafted. Most solicitors should be able to assist you to draft a PoA and provide legal advice. Alternatively, other companies and stationery shops sell PoA packs. When we receive your PoA we carry out a check to make sure it meets the registration criteria.
If your document does not comply then we will be unable to register it.
A testament is the legal document drawn up after a person has died, over , index entries to Scottish wills and testaments dating from to
It is not uncommon that you may be asked to provide documents that have been certified, notarised, or legalised, or all of the above. But what do these terms mean? This article will explain the difference between these of terms and provide some useful information as to what types of documents can be certified, notarised and legalised, and why you might need this to be done. If you would like assistance or advice on getting your document certified, having your signature on a document notarised by a Notary Public, or require to legalise a document to be used overseas, then please contact us for further information about our services.
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Commercial Lease Agreement FAQ – United Kingdom-Scotland
The use of signed witness statements or affidavits in commercial actions is now fairly well established. Since that decision we have considered further improvements in practice and have discussed the use of such statements with the Consultative Committee on Commercial Actions. We are aware that some practitioners are uncertain about best practice in the preparation of witness statements and that they would welcome some guidance on their use.
A legal document lodged in court by a party so that no order or ruling affecting Diet: The date fixed by the court for hearing a case for any one of a variety of.
Before the offer can be finalised, the solicitors on both sides must sort out any conditions of the sale for example, what fittings and fixtures are included. They will exchange formal letters called missives until all these details are sorted out. Your solicitor will also examine the title deeds to the property on your behalf and report to you on anything of significance before missives are concluded.
Once both parties are satisfied with all the terms and conditions, the missives will be signed and the offer will be finalised. This process is called concluding the missives and can take any length of time from two weeks to a few months, depending on how complicated the sale is. Once the missives are concluded, the contract or bargain becomes legally binding.
Electronic documents and e-mail delivery in Scotland – the way ahead
There are three differences to consider when determining what the effective date is for a lease transaction. They are:. In addition to the three difference details above, when determining what the effective date is on a formal lease created by an initial contract and followed by signing a formal lease, is whether substantial performance has taken place before the signing of the formal lease.
McGill & Co is a Scottish immigration law firm specialising in UK A certified copy is a copy of a document which has been certified as being a true, complete and up-to-date copy of the original document at a given date.
Under the previous Scots law derived from Roman law , a child to the age of 12 if female, or 14 if male, had legal status of “pupil” and was under legal control of an adult usually parent or parents deemed “tutor”. From that age until the age of majority the child had legal status of a “minor”, and might have a responsible adult deemed “curator” or have no responsible adult being referred to as “fors familiated”.
The Scottish age of majority was originally 21 until reduced to 18 by the Age of Majority Scotland Act Pupils lacked any capacity to enter into legal contracts. Minors had capacity to enter into contracts, which included the capacity to make a will , but subject to rights to have these reduced by a court in certain circumstances, and sometimes requiring their curators consent. The rules as to when contracts did or did not require consent, and which were potentially reducible by court were complex.