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Edinburgh Private Law Blog Posts

Fearn v Tate Gallery Board of Trustees in the Court of Appeal: Curtains for Article 8 rights in the Tort of Private Nuisance?

The claimants in Fearn v Tate Gallery Board of Trustees were the owners of luxury flats, featuring “striking” floor-to-ceiling windows, adjacent to the Tate Modern on the south bank of the Thames. Residents complained, when giving evidence at first instance, that they felt “more or less constantly watched” by visitors to the gallery’s roof-top viewing platform “as if they were in a zoo”.

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Cohabitants, unjustified enrichment, contract and subsidiarity: Pert v McCaffrey

One cheer

The decision of a Court of Five Judges in Pert v McCaffrey [2020] CSIH 5 will raise one cheer from family lawyers.  It over-rules the previous Outer House holding in Courtney’s Executors v Campbell [2016] CSOH 136, 2017 SCLR 387, that the “subsidiarity” of unjustified enrichment entails its non-availability to an ex-cohabitant who has failed at least to seek the remedy available to him or her against their former and still living partner under section 28 of the Family Law (Scotland) Act 2006.  (The ending of cohabitation by death is dealt with under section 29 and is not treated here.)

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Future Challenges for the Land Register of Scotland: Automation and privatisation (Part One)

Looking over the horizon, there are two challenges that may soon engage the attention of the Land Register of Scotland: the automation of the register and the privatisation of its operation. These have increasingly preoccupied Australasian and Canadian registries over the last ten to twenty years.

In the first of a two-part posting, Rod Thomas, an academic visitor to Edinburgh Law School, considers how automation of the register has unfolded in Australia and New Zealand.

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The Children (Scotland) Bill – improving children’s participation rights?

By Gillian Black, Senior Lecturer in Family Law, University of Edinburgh

In September 2019, the Scottish Government published the Children (Scotland) Bill, introduced by Justice Secretary Humza Yousef. This Bill is, in part, a response to the detailed and lengthy consultation on the Children (Scotland) Act 1995 carried out by the Scottish Government over the summer of 2018, seeking input on a wide range of matters concerning children and families. The Bill started its progress through Parliament in November 2019, under the lead of the Justice Committee.

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