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Dispute Resolution

Prenuptial agreements (or ante-nuptial/pre-marriage contracts) have become increasingly popular in Scotland, with more couples wishing to make provision for what is to happen in the unfortunate event of the breakdown of their relationship.  

It could be said that entering into a prenuptial agreement is a very pessimistic way to commence a marriage.  It can however be a very effective financial planning tool for both parties and can help to avoid costly and drawn out litigation in the event of separation.  

Much ink has been spilled already about the current distress of businesses all the way up and down the oil & gas supply chain, and the contagion of that distress to businesses with a heavy reliance on their oil & gas sector customers/clients.

However, an aspect of this I can’t say I’ve spotted being remarked on is the effect that current market conditions are having on the position of company directors.

Until now Scotland has operated a voluntary personal injury pre-action protocol that had as its purpose the early settlement of personal injury actions.  The voluntary protocol was designed specifically to assist with cases where the value of the claim is less than £10,000.

As of 28th November 2016 a Personal Injury Pre-Action Protocol will become compulsory but it will not be retrospective. Only claims relating to accidents post 28th November 2016 will require to proceed in terms of the protocol.

Gone are the days of responding to any business to business dispute simply by sending a Writ off to court at the earliest opportunity and letting a court action run its course.

The Court of Session has just issued a timely reminder about how a very simple (and avoidable) administrative slip can be fundamentally fatal to certain types of contractual claim.

On 7th August 2015 I wrote a blog on changes to Judicial Review that have been introduced as part of the extensive Court Reform (Scotland) Act 2014.

We are in the middle of the most extensive changes to our civil court system in over a century.

A jury has awarded the family of a deceased man sums significantly more than have been awarded previously in similar cases.

Chambers UK 2018

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