Author Archives: Martin Hogg

Contract (Third Party Rights) Bill introduced in Parliament

This blogger is pleased to note that the statutory reform of the rights of third parties under contract has reached the stage when the Scottish Law Commission’s proposed Bill has been introduced in the Scottish Parliament. The text of the … Continue reading

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The liability of golf clubs (again)

Reparation actions against golf clubs (or golfers) seem to be occurring with increasing regularity in recent years. In 2014, there were the cases of Phee v Gordon [2014] CSIH 18, which concerned a golfer struck by a golf ball hit … Continue reading

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Unilateral promise within an employment context

A short Outer House judgment of Lord Malcolm from the end of July 2016 has caught this blogger’s attention for its reference to the peculiarly Scots obligation of unilateral promise. In Fisher v Applied Drilling Technology international Ltd the pursuer … Continue reading

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The “natural meaning” approach to interpreting contracts in the Court of Session

The decision of the Supreme Court last year in Arnold v Britton hinted at a shift in the thinking of the current Supreme Court justices in relation to the proper approach to the interpretation of contracts. In marked contrast to … Continue reading

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Some further thoughts on the penalty clause rule in the Supreme Court

The Edinburgh Law School’s Private Law Centre held a very enjoyable lunchtime seminar last week, at which the subject for discussion was the penalty clause rule. There was a good round table discussion, including some interesting observations on how the … Continue reading

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New Privy Council decision on interpretation of contract

On 19th November, the Privy Council handed down its judgment in the case of Krys v KBC Partners LP [2015] UKPC 46, available here. The Privy Council reach a decision on the complex contract provisions which accords with the natural … Continue reading

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New Supreme Court judgment on penalty clauses

The UK Supreme Court has handed down (on 4th November 2015) its judmgent in two conjoined appeals on the application of contractual penalty clauses: Cavendish Square Holding v Makdessi and ParkingEye Ltd v Beavis [2015] UKSC 67. The judgments are … Continue reading

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New blog on the Nobile Officium

Having attended the recent book launch at Parliament House of the excellent new Avizandum book “The Nobile Officium” by Edinburgh Law School graduate Professor Stephen Thomson, I was pleased to learn that he has also set up a blog to … Continue reading

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Accessory liability of a solicitior for losses caused by a client’s fraud

The duty of confidentiality incumbent on solicitors in respect of their clients’ affairs is well known, and is narrated in both the Code of Conduct published by the Solicitors’ Regulation Authority and in the Rules relating to the conduct of … Continue reading

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Enforcing promises/contracts of a social nature

Undertakings given within a social context are often held not to give rise to any legally enforceable contracts (or unilateral promises). A story, on the BBC’s website (here) therefore makes for interesting reading. A boy (or perhaps his parents, it … Continue reading

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