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Contractual arbitration provisions in Scotland will, from 7 June 2010, be governed by the new Arbitration (Scotland) Act 2010 ("the Act") and the integrated Scottish Arbitration Rules, following the issue of the Commencement Order for the Act made on 13 May 2010.

In 1998 Mr Durkin bought a laptop from DSG Retail Ltd, trading as PC World. The laptop was in a sealed box and he could not establish if it had an internal modem. He proceeded to purchase it, however, on the understanding that he could return it if it did not have such a modem.

Mr Greenlees, the owner of a Jaguar Sovereign, had parked his car in an unattended car park in Hamilton when it was struck by another vehicle, causing significant damage.

A regularly asked question is whether a director of a company can represent that company in court proceedings in Scotland or whether the company must engage legal representation.

The importance of the distinction between extra-judicial admissions and binding agreements was emphasised in the recent case of “Jeroen Van Klaveren v Servisair UK Limited [2009] CSIH 37”.

When faced with the problem of tenant rent arrears, many landlords elect to irritate the lease to try to secure payment.

Against the background of ongoing media coverage regarding injunctions and super injunctions, it is easy to forget that preventative court remedies are not just available to celebrities or those in the public eye.

The decision in “Farm Assist Limited (In Liquidation) v The Secretary of State for the Environment, Food and Rural Affairs (No.2) [2009] EWHC 1102 (TCC)” is an important one for anyone involved in Mediations.

In 2001, the Peacock's store in Kilmarnock flooded when a mains water connection on the first floor failed. They raised a Court of Session action alleging that the loss and damage suffered was a result of a breach of the main contractors' contractual obligations to have carried out the shop fitting work with reasonable care and skill.

In the recent case of Sim v Howat & McLaren [2011] CSOH 115, the Commercial Court of the Court of Session has undertaken a detailed examination of Partnership Law in Scotland, before ruling that a new partnership constituted by an incoming partner is liable for the prior business debts of the business.

"So, is awarding him damages for an injury suffered playing the game, "Objects in the Dark", not an example of an overprotective nanny state robbing youth of fun simply because there was some risk involved in the exercise? Is this a decision which emasculates those responsible for caring for our children and in so doing, enfeebles the children themselves? Where do you draw the line? I have found that hard to answer".

In the case of "Cramaso LLP v Viscount Reidhaven's Trustees" [2010] CSOH 62, the Court of Session decided that where representations are made to an individual, inducing a limited liability partnership (of which he was a member) to enter into a lease, if those representations transpire to be false, neither the individual - nor his LLP - have a right of recourse.

In the recent case Regus (Maxim) Limited v The Bank of Scotland plc, [2011] CSOH 129 the Court of Session has considered whether a letter issued by the Bank of Scotland in the context of a wider commercial agreement could be used to create an enforceable legal obligation, and be relied on as such, or whether it was merely a letter of comfort, without legal standing.

A recent decision from the Court of Session (Inner House) serves as a timely reminder that if you wish to claim legal professional privilege in respect of advice received

Morgan Utilities Limited ("MUL") carried out works for Scottish Water Solutions Limited ("SWS").

Fordell Estates Limited v Deloitte LLP [2014] CSOH 55 considered whether the contents of email communications between chartered surveyors, as agents, could create a legally enforceable agreement between the parties.

The English decision in Barnett Fashion Agency Limited v Nigel Hall Menswear Limited highlights the difficulties in transferring agency agreements and the need for agents to take care - and most importantly legal advice - when they are considering changing their trading form, status, name etc.