This piece of legislation allows the execution in counterpart of formal documents and contracts, and will also permit them to become legally effective by electronic delivery. The legislation is only seven sections long, but it is anticipated it will have great impact on legal practice and business. The idea behind the legislation is to modernise Scots law and address an inconsistency with the requirements of modern business. The new legislation focuses on two aspects of Scots law that were previously out of sync with the rest of the UK: Signing in Counterpart Prior to the introduction of the new law, it was not possible to create legally binding contracts in Scotland by having the parties sign in counterpart. The options for creating such prior to the new law coming into force are: Each of these methods carry their own specific drawbacks and thus the Scottish Law Commission created the new rules that will be more convenient for both lawyers and their clients. Under the new law, parties can sign in counterpart to create a legally valid document. The document can be made up of all the counterparts or one counterpart in its entirety together with all the fully executed signature pages.
Kingdom of Scotland Scotland emerged as an independent polity during the Early Middle Ages, with some historians dating its foundation from the reign of Kenneth MacAlpin in The Auld Alliance of Scotland and France against English interests was first invoked at this time and remained active through to the s. Home rule movement[ edit ] Main article:
Completion, legally, is the big shebang. It is the date when legal title to the property passes to the buyer, the breach date for exchanged contracts if it is not adhered to, the end of the sale process.
When unmarried couples live together for a while, it’s likely that they accumulate a good amount of property. Unlike married couples, the property rights for unmarried couples are not afforded the same legal protections. Since this the case, it’s in each person’s best interest to write out a property agreement that spells out who owns what and how the property will be distributed should the couple separate. This is especially important if a couple acquires real estate together.
On the other hand, this agreement is probably not necessary for couples who have only lived together a short time and do not have much property. Without an agreement, you could face expensive and time consuming legal battles, defending your property rights. This trouble can be saved by each party entering an agreement they both consent to, while the relationship is sound. What a Cohabitation Property Agreement Should Include A cohabitation property agreement is about you and your partner, and therefore, should include what meets the specific needs of your relationship.
Most agreements include the following:
Counterparts and Delivery in Scotland– A New Era for Document Execution
Godred Crovan became the ruler of Dublin and Mann from   and from the early years of the twelfth century the Crovan dynasty asserted themselves and ruled as “Kings of Mann and the Isles” for the next half century. The kingdom was then sundered due to the actions of Somerled whose sons inherited the southern Hebrides while the Manx rulers held on to the “north isles” for another century.
Another revolt in was equally unsuccessful. In Dumfries and Galloway the place name evidence is complex and of mixed Gaelic, Norse and Danish influence, the last most likely stemming from contact with the extensive Danish holdings in northern England.
document, as it can set out the basis for execution, confirm when the document should take effect, and indicate when the signed counterparts are to be delivered. 9 The underlying legal requirements for execution of documents under Scots law are unchanged.
Free Case Law Resources News – The Law Society publishes a series of practical guides on specific legal research topics 16 guides from the Law Society’s library team on specific legal research topics. They are provided in pdf and can be downloaded from the Law Society site individually, depending on your requirements. A user can pick individual or groups of courts, tribunals or collections of legislation to search or search across the whole seven jurisdictions in one go, indeed using LawCite users can search legal materials throughout many jurisdictions across the world.
There are also full-text legislation as accented to databases from Ireland, Northern Ireland, and the United Kingdom. BAILII is legally constituted in the UK as a company limited by guarantee No and as a charitable trust registered charity no and has been supported by a number of major sponsors and is assisted by many other organisations and individuals. Some of the data comes from existing free sites. Most of the databases are based on published and unpublished CD-ROMs or rely upon direct and indirect feeds by relevant courts, government departments and other organisations.
The Crown delegates its authority to issue such letters patent to the Kings of Arms. Before they can act in each case they must first have a warrant from the Earl Marshal agreeing to the granting of the arms. The first step in applying for a grant of arms is to submit a petition, or memorial as it is called, to the Earl Marshal.
The Ownership and Destruction of Files All outsourcing providers should be made aware of these provisions and required to comply with them. The following information was originally based on an Opinion from the Dean of Faculty provided to the Society in June
Once we overcome shyness or modesty, however, we almost all enjoy reminiscing. As the years advance, a “life review” is particularly rewarding, but at any age it can be a great pleasure and an amazing source of insights. If you’re one of the younger members of your family, take my word for it: You may not be eager to hear family stories now, but eventually you will. Having those voices on tape, having the stories behind those photographs preserved, is a far more meaningful legacy in the long term than most other physical legacies.
And in the short term the material can enliven a special occasion, such as a major anniversary, birthday, or memorial service. Indeed, one way to improve the care an elderly patient receives in a hospital or nursing home is to write a brief history of their life and tape it to the door, making them a person with a story and not just another old patient. An experienced interviewer with a good tape recorder can capture memories that your family will cherish for generations.
Scotland to introduce new form of execution (for documents)
In property The medieval English legal system similarly showed the tendency at critical points to agglomerate property rights in a single individual. A notion of property in land emerged at the end of the 12th century in England from a mass of partly discretionary, partly customary, feudal rights and… In property law: England In medieval English law, the procedural system prevented any clear distinction between property and obligation.
4 Law Commission, Electronic Commerce: Formal Requirements in Electronic Transactions: Advice from the Law Commission (December ), para Note also the very wide definition of document in Civil Evidence (Scotland) Act , s 9.
Scotland to introduce new form of execution for documents September 11, What next for the execution of documents in Scotland? Original news A Bill to make provision about execution of documents in counterpart and the delivery by electronic means of traditional documents and for connected purposes. What is the purpose of the Bill? The Bill is intended to enable the execution of documents in counterpart both traditional paper form documents and electronic documents. Execution in counterpart means that different parties to the same document can sign separate copies of it, rather than all having to sign the same piece of paper.
The Bill also provides for the delivery of traditional paper documents by electronic means for instance, by e-mail, memory stick, disc etc rather than by hand or by post. Can Scots law documents either simple or the equivalent of a deed in English law not already be signed in counterpart? The Scottish Law Commission has referred to evidence that execution in counterpart is already competent in Scotland according to old case law.
However, this has not been the generally accepted view in practice, and lawyers have avoided execution in counterpart for fear of invalidity.
Sign of the times for Scots law documents
We actually call it commission and diligence of documents in Scotland. Commission and Diligence of Documents in Scotland In Scotland, leaving aside ethical duties that may involve revealing certain documents in certain circumstances, there is no general duty of discovery or disclosure in a typical commercial litigation. That is not to say documents are not normally lodged or exhibited to the court or opponent. Documents that one party relies on will normally be presented in what is known as an Inventory of Productions early in the case, with all documents to be relied on being lodged and intimated in the lead up to any proof our equivalent of a trial.
However, in most Scottish cases the idea of having various solicitors sitting working through a data room of documents many of which turn out to be not entirely relevant for days and weeks at a time, is a very foreign concept. If, in the course of a case, it becomes clear that the other side may have documents of a particular type which would assist the court in coming to a view about the case, normal procedure assuming that when called upon the other side will not simply volunteer these is to lodge a motion with the court granting commission and diligence of documents.
England – Heraldic Authority. The College of Arms is a royal corporation consisting of professional officers of arms, with jurisdiction over England, Wales, Northern Ireland and some Commonwealth realms (but not Canada or Scotland). Officers are appointed by the British Sovereign and are delegated authority to act on her behalf in all matters of heraldry, the granting of new coats of arms.
Fueling the Social Media Firestorm Which leads us to look back and add some extra comment and analysis to the debate: As noted below, there have been various publications on the subject of the legal position on souvenir plot sales in Scotland dating back to at least So how was this different? Could Highland Titles have gotten away from this without the social media backlash? This clearly added a great deal of fuel to the social media firestorm.
Social media use in the legal profession in is also more advanced than it was back in The digital marketing team at Highland Titles is to be commended for their efforts around this other than, of course, whoever sent the initial tweets to Malcolm and whoever published the Twitter Trolls article. With their online reputation management skills, they set up highlandtitlesscam. They have also done a commendable job in the technical sense with their website and promotional campaigns on Google Adwords, Twitter and other channels.
We considered that consumers were likely to understand those statements to mean that through the purchase of a souvenir plot of land from Highland Titles they would gain the right to use a title to which they would not otherwise have had the right.
Property Law and Practice Part 3 – Completion
Execution of documents under Scots Law Scotland 31 March For those dealing with transactions and businesses in Scotland it is important to remember that Scots Law differs from English Law in a number of respects, and one of area of difference which has, in the past, caused much gnashing of teeth particularly during late night closing processes is the law around the requirements for the execution of documents.
A particularly challenging feature of the Scottish requirements was, in the past, the inability to execute in counterpart and exchange remotely. However, in July legislation was passed in Scotland to permit execution in counterparts and facilitate electronic closings.
Can Scots law documents (either simple or the equivalent of a deed in English law) not already be signed in counterpart? The Scottish Law Commission has referred to evidence that execution in counterpart is already competent in Scotland according to old case law.
It is expected to be in force from early May – an update will follow when the commencement date is announced. Once the Act is in force: What is a document executed in counterpart? When does such a document become effective? Delivery requirement A document executed in counterpart will only become effective if delivery which can be by electronic means is made by each party of its signed counterpart to the other party or parties. It is also possible for the parties to any document to agree as they can at present that the document or obligations in it will not become effective until a later date.
Law to make it easier to sign and deliver Scottish documents
See Article History Cuneiform law, the body of laws revealed by documents written in cuneiform , a system of writing invented by the ancient Sumerians and used in the Middle East in the last three millennia bc. It includes the laws of the majority of the inhabitants of the ancient Middle East—especially the Sumerians, Babylonians, Assyrians, Elamites, Hurrians, Kassites, and Hittites—who, despite many ethnic differences, were in contact with each other and developed similar civilizations.
In certain periods this cultural community was reinforced by the diffusion of Akkadian , a diplomatic and scholastic language written in cuneiform.
Internet and CD-ROM Resources in the RFPG Library Internet databases in the RFPG. Building Law Reports (i-Law) Clark on Insurance Contracts (i-Law).
Managing affairs straight away or only when the person can’t manage themselves Someone can arrange for you to manage their affairs right away, or only if the time comes when they can no longer manage their own affairs. They can arrange for you to take on specific duties, or to make all decisions about their finances and welfare. If someone is already unable to manage their affairs, you can be granted legal authority to do things on their behalf.
This information tells you what the options are. This is because the relevant law and procedures are often different in the rest of the UK. There is a very useful leaflet produced by Age Scotland that explains all the major issues for someone worried about losing their capacity and for someone thinking about becoming an attorney.
You might want to manage someone’s affairs because they: Ideally, arrangements should be put in place before they are needed, but this information also tells you what you can do if someone you know is already unable to manage their own affairs. What if someone is incapable of managing their affairs Someone over 16 who is incapable of managing their own affairs or is unable to make or act on the decisions needed to look after their own affairs is known legally as ‘an adult with incapacity’ or ‘lacks legal capacity’.
Most people think that ‘incapacity’ is due to age related problems, like dementia. However, a young person can lose capacity because of an accident or medical condition, or may have learning disabilities that mean they need help with making decisions. Some people have fluctuating conditions and need help only some of the time In some cases a person may only need help with their financial affairs but in others a greater degree of assistance or supervision may be required, for example, with issues of personal welfare.
International Heraldry – National Differences
The update is currently being prepared and will be available in the European e-Justice Portal. Which documents need to be served formally? Who is responsible for serving a document?
A Power of Attorney is a document in which one person (the donor) appoints another person (the attorney) to act for him or her. There are many reasons why you might want to appoint someone else to look after your affairs.
Access to a Scots dictionary is recommended. The Dictionary of the Scots Language is available free online www. It also allows for fuzzy searches, which is very helpful for variations in spelling. For further details about this and other Scots dictionaries, including an online version, go to the Bibliography page. Note also the Scots plural form -is, and the Scots past participle —it, which you may want to drop off a word when looking for a definition.
Because different Scots accents pronounce words slightly differently it can sometimes be useful to change the vowels you are using to search the dictionary to find the right definition. Is it a legal term? The word might be legal jargon.