On 11 June 2014 the Scottish Land Court issued its decision in the Roxburgh Mains rent review case, in which Terra Firma's Robert Sutherland acted for the landlord. Given the widespread interest shown in the case, this article provides a summary of the Land Court's judgement with a full copy of the Court's decision attached. more...
Articles & Commentary
Articles & Commentary from Jun 2014
In Scots law good faith exists as a background to contract law but not as a substantive factor which can be founded on by itself. In this article, Andrew Bowen QC looks at the case of Yam Seng Pte Ltd v International Trade Corporation Ltd [2013] EWHC 111 (QB) where the judge held that traditional English hostility towards a doctrine of good faith was misplaced and that an implied duty of good faith could support more specific implied terms which reflected the specific contractual matrix. This article was first published in Greens Business Law Bulletin, Issue 128 (published February 2014) and is reproduced here with the kind permission of W. Green, The Law Publishers. more...
Al Sulaiman v Credit Suisse Securities (Europe) Ltd [2013] 1 All E.R. (Comm) 1105; Rubenstein v HSBC Bank Plc [2013] 1 All E.R. (Comm) 915 The financial meltdown of September 2008 and the ensuing collapse of investments generated a series of claims based on mis-selling. Two recently reported decisions have dealt with actions based on breach of the statutory duty set out in s.150 of the Financial Services and Markets Act 2000 to ensure private customers understand the nature of risks involved and to ensure suitability of advice. The first instance decision in Al Sulaiman was decided primarily as a matter of fact while the judgment of Rix L.J. in Rubenstein considered the nature of the statutory duty and issues of SAAMCO foreseeability of the meltdown itself, in other words, whether the adviser should be liable for loss caused by the market collapse. This article was first published in Greens Business Law Bulletin, Issue 127 (published December 2013) and is reproduced here with the kind permission of W. Green, The Law Publishers. more...
