Fri 26 Jan 2024
Our Litigation in Scotland Report 2024 is out, covering key developments in litigation in Scotland, including group proceedings, unjust enrichment, the Bankruptcy and Diligence (Scotland) Bill, the importance of trauma-informed practice in personal injury law and more.
You can download the update here.
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A recent decision of the Commercial Sheriff Court at Perth in the case of Priority Construction UK Limited v Advanced Material Processing Limited, has confirmed the position in relation to the proper basis for liquidation petitions to be brought against debtor companies.
Article
According to The Society of Motor Manufacturers and Traders (SMMT), 341,455 new light commercial vehicles were registered in the UK in 2023. Many are sold as part of a fleet operation, but many are also purchased by small, limited companies investing in a workhorse vehicle to transport tools and materials from one job to another. For these companies, having a vehicle off the road can have a significant impact on trade and profitability.
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This case was heard in Elgin Sheriff Court and related to a disputed servitude right of access running across the defenders' land from a public road to a ruined former salmon fishing bothy, owned by the pursuers which is situated on the Moray coast between Burghead and Findhorn.
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