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dc.contributor.authorStewart, Williamen_UK
dc.description.abstractIt is common when litigating in Scotland to arrest on the dependence. It remains a central plank of litigation practice, albeit matters of practice have been re-considered in light of human rights issues. This article re-considers what happens when the pursuer finds that the arrestee has paid the fund away. The issue is worth examining not least because a leading Scots law firm has published an internet commentary on the recent English case HM Commissioners of Customs & Excise v Barclays Bank plc., (Henceforth HMCCE). In that article it is suggested that the English case “contains important pointers to questions which would arise if the same situation arose in Scotland.” Later the article continues, “It is submitted that the judgment would equally apply to Scottish Arrestments on the Dependence, which again are granted without the bank being given an opportunity to enter appearance. So long as a Scottish bank did not deliberately allow a breach of the arrestment, they ought not to have any duty of care towards the third party.”en_UK
dc.publisherSweet & Maxwell Ltd / W. Greenen_UK
dc.relationStewart W (2009) Reconsidering Economic Loss arising out of Breach of Arrestment. Juridical Review, 2009 (3), pp. 227-233.
dc.rightsThe publisher does not allow this work to be made publicly available in this Repository. Please use the Request a Copy feature at the foot of the Repository record to request a copy directly from the author; you can only request a copy if you wish to use this work for your own research or private study.en_UK
dc.subjecteconomic lossen_UK
dc.subjectLaw Scotlanden_UK
dc.subjectCivil rights Scoltanden_UK
dc.titleReconsidering Economic Loss arising out of Breach of Arrestmenten_UK
dc.typeJournal Articleen_UK
dc.rights.embargoreason[Article JR 2009 -Econ Loss Arrestmt.pdf] The publisher does not allow this work to be made publicly available in this Repository therefore there is an embargo on the full text of the work.en_UK
dc.rights.embargoreason[Article JR 2009 -Econ Loss Arrestmt.doc] The publisher does not allow this work to be made publicly available in this Repository therefore there is an embargo on the full text of the work.en_UK
dc.citation.jtitleJuridical Reviewen_UK
dc.type.statusAM - Accepted Manuscripten_UK
dc.type.statusAM - Accepted Manuscripten_UK
rioxxterms.typeJournal Article/Reviewen_UK
local.rioxx.authorStewart, William|en_UK
local.rioxx.projectInternal Project|University of Stirling|
local.rioxx.filenameArticle JR 2009 -Econ Loss Arrestmt.pdfen_UK
Appears in Collections:Law and Philosophy Journal Articles

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