Monthly Archives: August 2009

The solicitor’s implied authority: Lord Monboddo, his horse, and the horse’s medicine

A significant issue in agency law is the extent of the agent’s implied authority.  Case-law has defined the implied powers possessed by particular types of agent, for example, partners, solicitors or architects.  In this way, transactions can proceed quickly, without … Continue reading

Posted in Uncategorized | Leave a comment

Calman Commission and corporate insolvency

Given the constitutional reforms of recent years all lawyers must have some familiarity with matters traditionally viewed as public law. The incorporation of the European Convention on Human Rights has touched a number of areas (in early cases in scotland … Continue reading

Posted in Uncategorized | Leave a comment

Statutory Derivative Proceedings in the Inner House – Wishart v Castlecroft Securities Ltd. [2009] CSIH 65

Wishart v Castlecroft Securities Ltd. [2009] CSIH 65 is the first case in the United Kingdom where an appeal court has had the opportunity to consider and apply the statutory derivative proceedings under Part 11 of the Companies Act 2006 … Continue reading

Posted in Uncategorized | Leave a comment