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A lot of it overlaps as thought but there is some terminology differences that I’ve come across – tort law in Scots law is “delict” for instance and the courts that deal with civil matters are the Court of Session and the Sheriff Court.
For remedies of breach of contract, under Scots Law, the pursuer (instead of the English “plaintiff” or “claimant”) has a right to choose between damages and “specific implement” (rather than specific performance) with damages being generally the secondary option. Classifying terms as conditions or warranties isn’t required for recission, but instead looks at a material vs non-material breach of contract, and consideration doesn’t seem to be required to form a contract.
From what I’ve learned for insolvency, there is no Official Receiver in Scotland (instead there is a qualified insolvency practitioner that consents to act as either an administrator, liquidator, or a receiver that has been appointed by a creditor to recover specifically what they are owed), the Scottish court needs to appoint an Interim Liquidator who must be approved by the creditors, and fixed/floating charges seem to be dealt with in slightly different manners (e.g. there are fewer assets that can be fixed, and floating charges will only crystalise when the holder of the charge appoints a receiver for it, or if the company goes into liquidation, or when the court grants permission).
It’s all pretty fascinating (if you like that kind of thing)! 🙂
Thanks so much for your lectures and all your additional explanations in the comments sections! Passed the English variant on Saturday – onwards and upwards!
Thanks Mike!
Weighing up the two, I was leaning slightly more towards the English variant as well – as much as anything due to proximity!
There are a few key differences that I’m aware of in addition to property law in terms of contracts and insolvency, but as far as I can tell, they both broadly follow the same regulatory framework for company law.
If there’s any issues down the line (not certain at this point which accounting route I’ll ultimately be going down), I’m sure there will be opportunities to fill in any knowledge gaps that are required!
Thanks again 🙂