|Appears in Collections:||Law and Philosophy Journal Articles|
|Peer Review Status:||Refereed|
|Title:||Reconsidering Economic Loss arising out of Breach of Arrestment|
Civil rights Scoltand
|Citation:||Stewart W (2009) Reconsidering Economic Loss arising out of Breach of Arrestment. Juridical Review, 2009 (3), pp. 227-233. http://www.sweetandmaxwell.co.uk/Catalogue/ProductDetails.aspx?recordid=475&productid=7122|
|Abstract:||It 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.”|
|Rights:||The 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.|
|Article JR 2009 -Econ Loss Arrestmt.pdf||Fulltext - Accepted Version||101.83 kB||Adobe PDF||Under Embargo until 3000-12-01 Request a copy|
|Article JR 2009 -Econ Loss Arrestmt.doc||Fulltext - Accepted Version||57 kB||Unknown||Under Embargo until 3000-12-01 Request a copy|
Note: If any of the files in this item are currently embargoed, you can request a copy directly from the author by clicking the padlock icon above. However, this facility is dependent on the depositor still being contactable at their original email address.
This item is protected by original copyright
Items in the Repository are protected by copyright, with all rights reserved, unless otherwise indicated.
The metadata of the records in the Repository are available under the CC0 public domain dedication: No Rights Reserved https://creativecommons.org/publicdomain/zero/1.0/
If you believe that any material held in STORRE infringes copyright, please contact email@example.com providing details and we will remove the Work from public display in STORRE and investigate your claim.