Green burials are an increasingly popular option in Scotland as more individuals seek environmentally friendly alternatives for end-of-life arrangements. They often take place in woodland areas, and we are aware of at least ten local authority woodland/meadow burial sites, and nine privately run woodland burial sites in Scotland. However, they may be opposed if there are concerns regarding the location of the site and about the potential risk of water and soil contamination.

Ask anyone to recall in detail a conversation they had on a specific day and time several years ago and their recollection will likely be hazy at best. 

It is understandable then why some witnesses struggle to recall details or have conflicting recollections when giving evidence at trial. In commercial litigation, the facts in dispute are often the core of the proceedings and judges have remarked how deciphering between conflicting narratives can be the most difficult part of their job. 

In the recent case Fulstow and another v Francis (“Fulstow”), the High Court refused to give any weight to three of the claimant’s witness statements, due to significant non-compliance with Practice Direction 57AC (“PD 57AC”). 

Actions of count, reckoning and payment (also known as actions of accounting) are a particularly useful remedy for beneficiaries in cases where they consider that an executor has failed to provide them with sufficient information concerning the extent of the estate and/or where they consider the executor is unreasonably or unnecessarily delaying in paying them their entitlement to the estate.  

A recent survey by Will Aid found that 59% of people in Scotland do not have a will. The same survey found that 10% did not consider their will to reflect their current wishes. There were a number of reasons cited, including financial pressures and feeling uncomfortable about death. 

While it may be daunting to think about death, we are seeing a rise in executry disputes and not having a will, or having a will which does not reflect your wishes, is one of the reasons for this increase. Other reasons exist, too. 

There have been a number of recent, and perhaps telling, updates in the litigation and arbitration sectors. In the former, the continued uncertainty surrounding Litigation Funding Agreements (LFAs) in English law and in the latter, there have been amendments to carve international treaties out of the bill to amend the English Arbitration Act 1996.

The duty of disclosure is an important area of distinction in litigation in Scotland and England. 

While in Scotland there is no general duty to disclose, proceedings in England & Wales involve a more ‘catch-all’ and front-loaded approach, with significant documentation being shared upfront in any litigation process. 

We have set out the main differences between each approach to help you make an informed decision on suitable jurisdiction when it comes to litigation.