In Borwick v Clear Water Fisheries [2020] EWCA Civ 578, Borwick had owned and run a fishery, which consisted of nine enclosed lakes created from voids left over by the excavation of the M6, since 2005. During this time, they bought and husbanded new fish stock. In January 2016, Borwick’s lender appointed receivers to execute a charge over the land. The receivers duly sold the land to Clear Water Fisheries (CWF). The fish were not mentioned in the sale agreement and the receivers informed Borwick they did not consider them to be included under the charge. Borwick then raised an action in damages against CWF for conversion of the fish.
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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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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.)
Comments closedIn the second of a two-part posting, Rod Thomas, an academic visitor to Edinburgh Law School, considers how moves to privatise the process of land registration have unfolded in Australia and Canada.
Comments closedLooking 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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