Author Archives: admin

Long term contracts, changing circumstances and interpretation

In recent times there has been a wealth of analysis of the principles of interpretation of contract.  In addition to the Scottish Law Commission report (available at http://www.scotlawcom.gov.uk/law-reform-projects/contract-law-in-light-of-the-draft-common-frame-of-reference-dcf/), useful guidance was provided by the Supreme Court in the Scottish appeal, … Continue reading

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Fiduciary duties in agency

John Youngs Insurance Services Ltd v Aviva Insurance Service UK Ltd ([2011] EWHC 1515 (TCC)), decided by Mr Justice Ramsey in the English High Court, makes a contribution to our understanding of fiduciary duties in agency.  Although it is an English case, … Continue reading

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Commercial Agency – comparative reflections

The Edinburgh Centre for Commercial Law was delighted to welcome Dr Severine Saintier as their most recent  speaker in their series of events.  Her paper on 2nd June focussed on the French system of compensation of commercial agents.  Directive 86/653 introduced into … Continue reading

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The meaning of repudiation

Wyman-Gordon Ltd v Proclad International Ltd [2010] CSIH 99, a case decided by the Inner House at the end of 2010, provides useful guidance on what constitutes repudiation in Scots contract law.  The judges in the Inner House characterised their judgment as involving "well-settled" principles, rather than … Continue reading

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Establishing agency: Rodewald v Taylor [2010] CSOH 05

The way in which agency is established in Scots law is an issue lacking clarity.  Lord Bannatyne’s decision in the case of Rodewald v Taylor, 18 Jan 2011, [2010] CSOH 05, available at http://www.scotcourts.gov.uk/opinions/2011CSOH5.html, provides some interesting food for thought … Continue reading

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An Agent’s Disclosure of a Breach of Duty and Informed Consent: Park’s of Hamilton’s (Holdings) Ltd. v Campbell [2011] CSOH 38; 2011 G.W.D. 8-196

Like the old case of Allen v Hyatt (1914) 30 TLR 444, the recent case of Park's of Hamilton's (Holdings) Ltd. v Campbell [2011] CSOH 38; 2011 G.W.D. 8-196 is one of those unusual cases where it was held that … Continue reading

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Interpretation of commercial contracts: Macintyre House Ltd v Maritsan Developments Ltd

This Outer House case ([2011] CSOH 45)provided Lord Hodge with the opportunity to summarise the rules of interpretation of commercial contracts in Scots law. Facts The agreement between the parties was governed by Clause 2 of the contract, as follows:"2.1 … Continue reading

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Data protection: the breaches continue

Despite high profile and damaging data losses in previous years, it seems that data controllers are still not ensuring compliance with their obligations under the Data Protection Act.  The BBC today reports details of a very serious data loss which, if … Continue reading

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A New Start to Data Protection in the New Year?

On 23 December, the Scottish Government launched its "Identity Management and Privacy Principles".  These principles are intended to "help ensure that respect for privacy is central to the way public services prove identity or entitlement."  As this rationale makes clear, … Continue reading

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Elf and Safety? A Christmas Data Protection Thought

The Information Commissioner has confirmed (again) that data protection laws do not prevent parents taking photographs at their child's nativity play.  The myth that the Data Protection Act is a bar to proud parents taking pics has been circulating for … Continue reading

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