Today, the Scottish Parliament is expected to pass the Courts Reform Act. This piece of legislation will have a profound impact on litigation in Scotland: there will be a significant transfer of business from the Court of Session, the superior court, to the sheriff courts. The Scottish Government’s intention is that the Court of Session will (mostly) be left to deal with cases worth over £100,000.
The case of Briggs & Ors v Gleeds (Head Office) & Ors, is a salutary lesson on taking care to comply with the required formalities when executing deeds.
Around thirty deeds dated between 1993 and 2006, which were intended to amend the pension scheme documentation, were found to be invalid because the signatures of the partners in the employing partnership had not been witnessed.
Landlords are always keen to protect the value and integrity of their investment properties. Almost all commercial leases contain some wording to ensure that the lease cannot be transferred to another entity (whether an individual or a company) without some safeguards built in. This ensures that any new tenant is going to be of sufficient substance to properly look after the landlord’s investment.
The highly-anticipated appeal judgment in the Game Stores case (Re Game Stations  EWHC 2171 (Ch)) was today handed down by the English Court of Appeal (as yet unreported), which landlords across the UK will welcome as closing a legal “loop-hole” in the administration process.
Game collapsed into administration on 26 March 2012, one day after its quarterly rent payments were due to be paid to various landlords in respect of hundreds of stores – reportedly costing the landlords £3 million in lost rent and service charge. Five days later the company was sold to a p