Servitudes are often an essential part of property ownership: they can enable access to a property that is not located next to a public road, or allow for leading of services to or drainage from a property over someone else's land. Getting the wording of the servitude right is important for making sure that the right can be exercised in the way it was intended.

When more than one claimant wishes to jointly bring a claim, they may seek to use a single claim form. Doing so may limit court fees and distribute the cost and risk of litigation. The Court of Appeal recently reviewed the case law on whether and when this would be allowed. 

The challenges in rectifying a 1979 Act title - Littleson v Macalister [2024] SAC (Civ) 6

Summary

Littleson v Macalister is a fact-specific case about the ownership of an area of the foreshore which ran along the western edge of a farm known as Killegruer Farm in Argyll. The parties to the action – Mr and Mrs Littleson and Mr Macalister – both claimed ownership to the foreshore based on their respective titles.

Cohabiting couples who are not married or in a civil partnership have no automatic succession rights in Scotland. However, where a deceased person dies intestate (without a valid will), and immediately prior to their death they were domiciled in Scotland and cohabiting with another person (the “cohabitee”), then section 29 of the Family Law (Scotland) Act 2006 allows the cohabitee to make an application to the Sheriff Court or Court of Session for an order for financial provision. 

In 2005, a then-16-year-old Taylor Swift signed a record deal with Big Machine Records. Swift’s original contract with Big Machine reportedly provided that Big Machine would own the copyright in all of the master recordings of Swift’s music. 

While signed with Big Machine, Swift produced the albums Taylor Swift, Fearless, Red, 1989, and Reputation, some of the best-selling albums of the 2000s and 2010s. During this time, Swift experienced an extraordinary rise to fame through her relatable music, which was often inspired by her lived experiences.

Following the well-known Colin v Cuthbert case of 2021, Marks and Spencer (M&S) and Aldi once again found themselves in another intellectual property dispute in 2023. 

In this article we examine the recent Court of Session judgment of Lord Woolman in Lee Donald Barclay v Thorntons Trustees Limited and Others [2024] CSOH 18 and consider the evidential challenges that commonly arise in cases where a will is alleged to have been forged, including the importance of obtaining credible

As is well known, the grounds for judicial review are identical in England, Wales and Scotland, and authorities from each jurisdiction are routinely cited as authorities in other jurisdictions.