(170)  Commercial agents, foreign languages, mixed metaphors and Eurodevils

Frape v Emreco International Ltd 2002 SLT 371, a decision of Lord McEwan on the Commercial Agents Regulations contains a number of instructive dicta, illustrating 

 

(i) a reluctance of Scottish courts to engage with foreign-language versions of international instruments: [29] Partly through my fault

(171)  Gender neutrality in Scottish legislation?

Professor Kenneth Reid has pointed out to Scots Law News that in the last year the practice has evolved that all bills of the Scottish Parliament are drafted in a gender-neutral way.  Although not apparently publicly announced, this development is worthy of mention in the light of the recommendations for such drafting amongst many other points in E M Clive, Law-making in Scotland: from APS to ASP”

(172)  Spousal guarantees: not following the House of Lords in Etridge

An Extra Division held on 10 May 2002 that the decision of the House of Lords in the English case of Royal Bank of Scotland v Etridge (No 2) [2001] 3 WLR 1021 was not binding in Scotland (Clydesdale Bank v Black 2002 GWD 16-526).  In Etridge the House issued speeches laying down more specifically and at length when a bank would be put upon its inquiry as to the position of a prospective guarantor of a connected person’s debt to the bank, setting out the steps to be taken by the bank in these circumstances in advising the prospective guarantor to obtain independent legal advice, explaining what the content of the legal advice should be, defining what would make that advice independent, and stating how the bank should check that independent advice had in fact been taken.  But Lord Clyde, making his last appearance as a Law Lord, seemed to address himself to Scotland as much as to England.  He referred to his leading speech in Smith v Bank of Scotland 1997 SC (HL) 111, and observed that the steps being set out in Etridge are not matters of ritual

(173)  Distinguishing Sharp v Thomson

On 15 May 2002 an Extra Division pronounced in the case of Burnett’s Tr v Grainger 2002 GWD 17-572.  A had sold a house to B, who had entered into occupation but whose title was only recorded eight months after A’s sequestration and one month after A’s trustee had recorded notice of title to the property under the Bankruptcy (Scotland) Act 1985 s 31.  The sheriff principal had taken the view that he was bound to find in favour of B as a result of the decision of the House of Lords in Sharp v Thomson 1997 SC (HL) 66 (see 2000 SLT (Sh Ct) 116; on that decision see also G L Gretton, Equitable ownership in Scots law?”

(179)  Scots law and cybersquatting

The Law Society of Scotland has raised an action of passing off against Mr Tommy Butler, owner of the domain name http://www.lawscot.co.uk since November 1999.  The Society, whose domain name is http://www.lawscot.org.uk, alleges that Mr Butler’s site is receiving emails intended for the Society.  The Society also claims infringement of its trade mark lawscot”

(214)  Lockerbie: another compensation deal?

It was reported on 12 March 2003 that a deal between Libya, the USA and the UK was imminent, under which Libya would accept civil (but not criminal) responsibility for the Lockerbie bombing of the plane PanAm 103 in 1988 and compensate the families of those killed in the disaster, thereby enabling the lifting of UN sanctions against the country.  Details were not made public, and British relatives criticised the Foreign Office, saying that since Robin Cook ceased to be Foreign Secretary the UK relatives have had very little briefing from Foreign and Commonwealth Office officials”.  An FCO spokeperson said that relatives had been “regularly” briefed.  Meanwhile

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