Category Archives: Uncategorized

2nd Edinburgh International Willem C Vis Arbitration Pre-Moot

Over the weekend of 23-24 February 2013 Edinburgh Law School welcomed five guest teams from across the world to a Pre-Moot event in preparation for the prestigious Willem C. Vis International Commercial Arbitration Moot, which will take place in Vienna … Continue reading

Posted in Uncategorized | Comments Off on 2nd Edinburgh International Willem C Vis Arbitration Pre-Moot

Group companies and agency: The Harbro Group v MHA Auchlochan

The Harbro Group Limited v MHA Auchlochan [2013] CSOH 8, decided earlier this month, provides evidence (if any were needed) of the challenges which the group company structure poses in litigation.  I am grateful to my colleague Dr Dan Carr … Continue reading

Posted in Uncategorized | Comments Off on Group companies and agency: The Harbro Group v MHA Auchlochan

The commercial agent’s duty of good faith: short-changed by the Court of Appeal?

A commercial agent falling within the Commercial Agents (Council Directive) Regulations 1993 owes both a fiduciary duty towards his principal at common law and a duty to act in good faith towards that principal under reg 3(1).  There has been little … Continue reading

Posted in Uncategorized | Comments Off on The commercial agent’s duty of good faith: short-changed by the Court of Appeal?

Illegality in performance of a contract: one of the least satisfactory areas of contract law?

If a contracting party performs an illegal act in the course of performance of a contract, what impact does that conduct have on the availability of remedies for breach of contract?  Can the “innocent” party use that illegality as a … Continue reading

Posted in Uncategorized | Comments Off on Illegality in performance of a contract: one of the least satisfactory areas of contract law?

Edinburgh Centre for Commercial Law: EU Procurement Law Conference 28 September 2012

The Edinburgh Centre for Commercial Law was delighted to host a conference on EU Procurement Law in conjunction with the commercial law firm, Burness LLP for the third year in a row. The Edinburgh Centre for Commercial Law and Burness … Continue reading

Posted in Uncategorized | Comments Off on Edinburgh Centre for Commercial Law: EU Procurement Law Conference 28 September 2012

Inner House rejects attempt to extend the solicitor’s warranty of authority

Solicitors can today breathe a sigh of relief with the release of the Inner House decision in the joined cases of Cheshire Mortgage Corporation Limited v Grandison and Blemain Finance Limited v Balfour Manson LLP ([2012] CSIH 66.  The Inner House, … Continue reading

Posted in Uncategorized | Comments Off on Inner House rejects attempt to extend the solicitor’s warranty of authority

Can an agent act for a competitor of his original principal?

To what extent is an agent entitled to act for a competitor of his original principal?  This important question was considered by the Court of Appeal in Rossetti and Anor v Diamond Sofa Company Ltd ([2012] EWCA Civ 1021) in … Continue reading

Posted in Uncategorized | Comments Off on Can an agent act for a competitor of his original principal?

Thoughts on frustration of contract in Scots law

One of the classes on offer during Innovative Learning Week was a class called "Blogging in private law."  The class discussed the recent case of Lloyds TSB Foundation For Scotland v Lloyds Banking Group plc ([2011] CSOH 105 and [2011] CSIH … Continue reading

Posted in Uncategorized | Comments Off on Thoughts on frustration of contract in Scots law

Aberdeen City Council wins Supreme Court interpretation appeal: Aberdeen CC v Stewart Milne Group Limited [2011] UKSC 56

Earlier today the Supreme Court issued its judgment in the Aberdeen City Council v Stewart Milne Group Limited appeal ([2011] UKSC 56).  The Court had little difficult in reaching a unanimous decision in favour of the Council, upholding the decisions … Continue reading

Posted in Uncategorized | Comments Off on Aberdeen City Council wins Supreme Court interpretation appeal: Aberdeen CC v Stewart Milne Group Limited [2011] UKSC 56

International Commercial Arbitration: The Edinburgh Centre for Commercial Law and Hogan Lovells

Members of the Edinburgh Centre for Commercial Law were delighted to welcome Michael Davison from Hogan Lovells as a speaker this week.  Hogan Lovells offer an internship scheme as a prize for the two top students in the International Commercial … Continue reading

Posted in Uncategorized | Comments Off on International Commercial Arbitration: The Edinburgh Centre for Commercial Law and Hogan Lovells