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Property Law: the Unsung Hero of North Sea Oil and Gas Author: Demetris Hadjiosif and Constantinos Yiallourides Source: the King’S Student Law Review, Vol
The King’s Student Law Review Title: Property Law: The Unsung Hero of North Sea Oil and Gas Author: Demetris Hadjiosif and Constantinos Yiallourides Source: The King’s Student Law Review, Vol. 5, No. 2 (Winter 2014), pp. 52-66 Published by: King’s College London on behalf of The King’s Student Law Review All rights reserved. No part of this publication may be reproduced, transmitted, in any form or by any means, electronic, mechanical, recording or otherwise, or stored in any retrieval system of any nature, without the prior, express written permission of the King’s Student Law Review. Within the UK, exceptions are allowed in respect of any fair dealing for the purpose of research of private study, or criticism or review, as permitted under the Copyrights, Designs and Patents Act,1988. Enquiries concerning reproducing outside these terms and in other countries should be sent to the Editor in Chief. KSLR is an independent, not-for-profit, online academic publication managed by students of the King’s College London School of Law. The Review seeks to publish high-quality legal scholarship written by undergraduate and graduate students at King’s and other leading law schools across the globe. For more information about KSLR, please visit our website: http://www.kcl.ac.uk/law/about/review.aspx ©King’s Student Law Review 2014 PROPERTY LAW: THE UNSUNG HERO OF NORTH SEA OIL AND GAS Demetris Hadjiosif and Constantinos Yiallourides* The present paper examines the key property law-related issues pertaining to the development of subsea mineral resources on the United Kingdom Continental Shelf: from their initial ‘capture’ (acquisition of ownership) to their transportation to downstream facilities via onshore pipelines. -
Report on Prescription and Title to Moveable Property
(SCOT LAW COM No 228) Report on Prescription and Title to Moveable Property report Report on Prescription and Title to Moveable Property Laid before the Scottish Parliament by the Scottish Ministers May 2012 Updated to include corrections to pages vi, 44 and 45, May 2012 SCOT LAW COM No 228 SG/2012/77 EDINBURGH: The Stationery Office £16.00 © Crown copyright 2012 You may re-use this information (excluding logos) free of charge in any format or medium, under the terms of the Open Government Licence. To view this licence, visit http://www.nationalarchives.gov.uk/doc/open-government-licence/ or email: [email protected]. Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. Any copyright enquiries regarding this publication should be sent to us at [email protected]. ISBN: 978-0-10-888264-7 Printed in the UK for The Stationery Office Limited on behalf of the Queen’s Printer for Scotland. 05/12 Cover printed on 75% recycled paper Text printed on 100% recycled paper ii The Scottish Law Commission was set up by section 2 of the Law Commissions Act 19651 for the purpose of promoting the reform of the law of Scotland. The Commissioners2 are: Laura J Dunlop, QC Patrick Layden, QC TD Professor Hector L MacQueen Dr Andrew J M Steven. The Chief Executive of the Commission is Malcolm McMillan. Its offices are at 140 Causewayside, Edinburgh EH9 1PR. Tel: 0131 668 2131 Fax: 0131 662 4900 Email: [email protected] Or via our website at http://www.scotlawcom.gov.uk/contact-us NOTES 1. -
Udal Law: an Introduction
UDAL LAW: AN INTRODUCTION lane Ryder, W.S. As a lecture delivered to the Scottish Society for Northern Studies, this article represented the writer's first attempts to wrestle with the vexed question of udal law in Orkney and Shetland. A comprehensive account, together with an editorial excursus by the late Sir Thomas Smith, has since been published in The Laws of Scotland: the Stair Memorial Encyclopaedia. 1 What the revised article attempts is a synthesis of the two entries in the Stair Encyclopaedia, in so far as they address issues of historical background, without necessarily examining every aspect of the law. The article also attempts to highlight issues of general interest in the context of modern United Kingdom law. With this in mind, it is useful to examine three distinct periods: the first being the period before the pledging or wadset ofthe islands in 1468-9, the second period from 1468-9 to 1611, and the third, 1611 to date. The period up to 1468-9 The settlement of Orkney and Shetland and the establishment of udal law by Scandinavian settlers was part of the larger population movement of Scandinavian peoples throughout Europe. Earlier writers, including Snorri Sturlason, had interpreted the permanent settlement as a political response to the centralising authority ofHarold Finehair, and in particular to his victory at the battle of Hafrsfjord in 872. This must be modified in light ofrecent research which has redated the battle to some time between the 880s and 9OOs. Moreover recent place-name and archaeological evidence points to settlement by colonists from the west coast ofNorway at an earlier date. -
SCOTLAND 1. Real Property
UK: SCOTLAND Kenneth G C Reid Professor of Property Law, University of Edinburgh and a Scottish Law Commissioner1 1. Real Property Law – Introduction 1.1 General Features and Short History The United Kingdom of Great Britain and Northern Ireland comprises one state, four countries and three jurisdictions. The jurisdictions are (i) England and Wales (ii) Scotland and (iii) Northern Ireland. Each jurisdiction has its own courts, its own lawyers, and its own law. The state has a common parliament (the House of Commons and House of Lords), a common executive, and a common supreme court (the House of Lords), all based in London. But in recent years there has been administrative and legislative devolution both to Scotland and to Northern Ireland. A separate parliament for Scotland was established in 1999, with power to legislate on most areas of private law.2 The union between Scotland and England took place in 1707.3 Before then the countries were separate states. In the medieval period the laws of Scotland and England had many points in common. In particu- lar the feudal system of land tenure, which reached England with the Norman Conquest in 1066, was introduced to Scotland in the course of the twelfth century. From the sixteenth century onwards, how- ever, there was a substantial reception of Roman law in Scotland (but not, on the whole, in England). In Scotland, as in many other European countries, the jurists of the ius commune were studied, and their writings applied in the courts. National legal education did not begin properly in Scotland until the early eighteenth century, and before that time law students from Scotland often studied in the universities of Europe, at first mainly in France and, after the Reformation, in the Netherlands. -
Black's Law Dictionary®
BLACK'S LAW DICTIONARY® Definitions of the Terms and Phrases of American and English Jurisprudence, Ancient and Modern By HENRY CAMPBELL BLACK, M. A. SIXTH EDITION BY THE PUBLISHER'S EDITORIAL STAFF Coauthors JOSEPH R. NOLAN Associate Justice, Massachusetts Supreme Judicial Court and JACQUELINE M. NOLAN-HALEY Associate Clinical Professor, Fordham University School of Law Contributing Authors M. J. CONNOllY Associate Professor (Linguistics), College of Arts & Sciences, Boston College STEPHEN C. HICKS Professor of Law, Suffolk University Law School, Boston, MA MARTINA N. All BRANDI Certified Public Accountant, Bolton, MA ST. PAUL, MINN. WEST PUBLISHING CO. 1990 "BLACK'S LAW DICTIONARY" is a registered trademark of West Publishing Co. Registered in U.S. Patent and Trademark Office. COPYRIGHT @ 1891, 1910, 1933, 1951, 1957, 1968, 1979 WEST PUBLISHING CO. COPYRIGHT @ 1990 By WEST PUBLISHING CO. 50 West Kellogg Boulevard P.O. Box 64526 St. Paul, Mn 55164-0526 All rights reserved Printed in the United States of America Library of Congress Cataloging-in-Publication Data Black, Henry Campbell, 1850-1927. [Law dictionary] Black's law dictionary / by Henry Campbell Black. - 6th ed. / by the publisher's editorial staff; contributing authors, Joseph R. Nolan ... let al.] p. cm. ISBN 0-314-76271-X 1. Law-United States-Dictionaries. 2. Law-Dictionaries. I. Nolan, Joseph R. II. Title. KF156.B53 1990 340' .03-dc20 90-36225 CIP ISBN 0-314-76271-X ISBN 0-314-77165-4 deluxe Black's Law Dictionary 6th Ed. 2nd Reprint-1990 PREFACE This new Sixth Edition starts a second century for Black's Law Dictionary-the standard authority for legal definitions since 1891. -
Nova Species
Nova Species Cornelius van der Merwe I. Introduction In modern law it is generally accepted that one of the require- ments for acquisition of ownership by specification (specificatio) is that a new species (nova species) must be created. I would like to start my examination of what is meant by a nova species by pre- senting an abbreviated version of the facts and decision in the most recent case in Scotland on the issue, Kinloch Damph Ltd. v. Nordvik Salmon Farms Ltd.1 Pursuers sold one and a quarter million smolt (young salmon in embryonic state) to the defenders on credit with reservation of ownership. The defenders placed the smolt in seawater in cages and fed and husbanded them, with the result that they developed from smolts into salmon thirty times their original size. When the defenders went into receivership, the outstanding balance of the price was still over £700,000. The pursuers preferred to rely on their proprietary claim by virtue of their reservation of owner- ship, which was worth more than the undisputed monetary claim.2 The defenders argued inter alia that by virtue of their efforts and material in the form of husbandry and feed, the smolts had ceased to exist as such and that a nova species, the mature salmon, irreducible to their constituent parts, had come into exis- tence. Although they accepted the expert opinion that smolt and salmon are of the same biological species, salmo salar,3 they ar- gued that the physiological changes which smolts undergo in becoming mature salmon (namely, changes affecting the gill and kidney which allow the fish to adapt to changing salinity condi- tions) were sufficient to support the conclusion that an adult salmon is a nova species in the legal sense. -
Corporeal Moveables
This Memorandum is the introductory volume in a series of Memoranda which are published simultaneously for comment and criticism, and which do not represent the final views of the Scottish Law Commission. The Commission would be grateful if comments were submitted by 31 January 1977. All correspondence should be addressed to: Mr R Black Scottish Law Commission 140 Causewayside EDINBURGH EH9 ?PR (Telephone : 031-668-21 31 ) CONTENTS I. GENIiRAL INTRODUCTION A: Memorandum No 25 Corporeal moveables : passing of risk and of ownership B: Memorandum No 26 Corporeal moveables: some problems of classification l1 C: Memorandum No 27 Corporeal moveables: protection of the onerous bona fide acquirer of another ' S property 7 3 D: Memorandum No. 28 Corporeal moveables : mixing, union and creation E: Memorandum No 29 Corporeal moveables: lost and abandoned property F: Memorandum No 30 Corporeal moveables: usucapion, or acquisitive prescription G: Memorandum No 31 Cbrporeal moveables : remedies lTEHO1iANI)UM NO. 24 CORPOREAL MOVXAULES GENERAL ITJTIIODUCTION MD SUMWIRY OF 1'R OVISIONAL l"IIOpOG~LS I. GB$- INTRODUCTION 1. In terms of section 3(1) of the Law Commissions Act 1965 we have a general duty to examine the law for anomalies and defects; to consider the simplification and modernisation of the law; i~ndto consider proposals for law reform. 2. In the course of our examination of the law of prescription, it was suggested to us that the law on that subject, insofar as it affects corporeal moveables, should be clarified. Prescription is the ultimate determinant of the right of ohership curing all defects of acquisition on onerous or gratuitous title. -
Ex Facie Validity and Hability
This thesis has been submitted in fulfilment of the requirements for a postgraduate degree (e.g. PhD, MPhil, DClinPsychol) at the University of Edinburgh. Please note the following terms and conditions of use: This work is protected by copyright and other intellectual property rights, which are retained by the thesis author, unless otherwise stated. A copy can be downloaded for personal non-commercial research or study, without prior permission or charge. This thesis cannot be reproduced or quoted extensively from without first obtaining permission in writing from the author. The content must not be changed in any way or sold commercially in any format or medium without the formal permission of the author. When referring to this work, full bibliographic details including the author, title, awarding institution and date of the thesis must be given. Positive Prescription of Landownership in Scots Law: The Requirement for the written deed, with particular reference to the concepts of ex facie validity and hability Colin Matthew Campbell Presented for the Degree of Doctor of Philosophy The University of Edinburgh 2014 Table of Contents Table of Contents ........................................................................................................ i Acknowledgements .................................................................................................. viii Declaration ................................................................................................................ ix Abstract ..................................................................................................................... -
Spice Briefing Judicial Review 27 October 2009 09/75 Sarah Harvie-Clark
The Scottish Parliament and Scottish Parliament Information Centre logos. SPICe Briefing Judicial Review 27 October 2009 09/75 Sarah Harvie-Clark Judicial review is a type of court action which allows parties to challenge the exercise of power by UK and Scottish ministers, UK and Scottish government departments and agencies, non- departmental bodies, local authorities and other official decision makers. In certain circumstances judicial review can be used to challenge acts of the UK and Scottish parliaments. It can also be used to challenge subordinate legislation. This briefing provides an introduction to judicial review. It covers topics including who can bring an action for judicial review, what the grounds of judicial review are, and the remedies that can be awarded by the court if an action for judicial review is successful. It also considers recent policy developments relating to judicial review. CONTENTS EXECUTIVE SUMMARY..............................................................................................................................................3 INTRODUCTION AND OVERVIEW.............................................................................................................................5 STATISTICS ON JUDICIAL REVIEW ACTIONS ........................................................................................................5 THE CHANGING FACE OF JUDICIAL REVIEW ........................................................................................................6 IMPACT OF EUROPEAN COMMUNITY LAW .......................................................................................................................6 -
Nova Species
Nova Species Cornelius van der Merwe I. Introduction In modern law it is generally accepted that one of the require- ments for acquisition of ownership by specification (specificatio) is that a new species (nova species) must be created. I would like to start my examination of what is meant by a nova species by pre- senting an abbreviated version of the facts and decision in the most recent case in Scotland on the issue, Kinloch Damph Ltd. v. Nordvik Salmon Farms Ltd.1 Pursuers sold one and a quarter million smolt (young salmon in embryonic state) to the defenders on credit with reservation of ownership. The defenders placed the smolt in seawater in cages and fed and husbanded them, with the result that they developed from smolts into salmon thirty times their original size. When the defenders went into receivership, the outstanding balance of the price was still over £700,000. The pursuers preferred to rely on their proprietary claim by virtue of their reservation of owner- ship, which was worth more than the undisputed monetary claim.2 The defenders argued inter alia that by virtue of their efforts and material in the form of husbandry and feed, the smolts had ceased to exist as such and that a nova species, the mature salmon, irreducible to their constituent parts, had come into exis- tence. Although they accepted the expert opinion that smolt and salmon are of the same biological species, salmo salar,3 they ar- gued that the physiological changes which smolts undergo in becoming mature salmon (namely, changes affecting the gill and kidney which allow the fish to adapt to changing salinity condi- tions) were sufficient to support the conclusion that an adult salmon is a nova species in the legal sense. -
Pledge and Lien STUDIES in SCOTS LAW
Pledge and Lien STUDIES IN SCOTS LAW Series Editor Kenneth G C Reid Editorial Board Alan R Barr Sandra M Eden George L Gretton Previous volumes in the Series 1. Ross Gilbert Anderson, Assignation (2008) STUDIES IN SCOTS LAW VOLUME 2 Pledge and Lien Andrew J M Steven Lecturer in Law, University of Edinburgh EDINBURGH LEGAL EDUCATION TRUST 2008 Published by Edinburgh Legal Education Trust School of Law University of Edinburgh Old College South Bridge Edinburgh EH8 9YL First published 2008 © A J M Steven 2008 The author asserts his moral rights. ISBN 978-0-9556332-1-8 British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the written permission of the copyright owner. Applications for the copyright owner’s permission to reproduce any part of this publication should be addressed to the publisher. Typeset by Etica Press Ltd, Malvern Printed and bound by Bell & Bain Ltd, Glasgow Contents Preface vii Table of Cases ix Table of Statutes xxiii Table of Statutory Instruments xxvii Abbreviations xxix 1 General 1 2 Pledge: Introduction 5 3 History of Pledge 15 4 Pledge: The Obligation Secured 45 5 Subject Matter of Pledge 57 6 Constitution of Pledge 63 7 Pledge: Rights and Duties of the Parties 89 8 Enforcement and Extinction of Pledge 95 9 Lien: Introduction 107 10 History of Lien 113 11 Lien: The Obligation Secured 161 12 Subject Matter of Lien 171 13 The Pre-Requisites of Lien 177 14 Lien as a Real Right 195 15 Enforcement and Extinction of Lien 203 16 Special Lien 209 17 General Lien 247 18 Pledge and Lien Compared 281 Index 287 v Preface This book is an updated and restructured version of my doctoral thesis. -
Article III and the Scottish Enlightenment James E
Northwestern University School of Law Northwestern University School of Law Scholarly Commons Faculty Working Papers 2010 Article III and the Scottish Enlightenment James E. Pfander Northwestern University School of Law, [email protected] Repository Citation Pfander, James E., "Article III and the Scottish Enlightenment" (2010). Faculty Working Papers. Paper 105. http://scholarlycommons.law.northwestern.edu/facultyworkingpapers/105 This Working Paper is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Faculty Working Papers by an authorized administrator of Northwestern University School of Law Scholarly Commons. ARTICLE III AND THE SCOTTISH ENLIGHTENMENT James E. Pfander* & Daniel D. Birk** 124 HARV. L. REV. __ (forthcoming 2011) ABSTRACT Historically-minded scholars and jurists invariably turn to English law and precedents in attempting to recapture the legal world of the framers. Blackstone’s famous Commentaries on the Laws of England offer a convenient reference for moderns looking backwards. Yet the generation that framed the Constitution often relied on other sources, including Scottish law and legal institutions. Indeed, the Scottish judicial system provided an important, but overlooked, model for the framing of Article III. Unlike the English system of overlapping original jurisdiction, the Scottish judiciary featured a hierarchical, appellate-style judiciary, with one supreme court sitting at the top and an array of inferior courts of original jurisdiction down below. What’s more, the Scottish judiciary operated within a constitutional framework -- the so-called Acts of Union that combined England and Scotland into Great Britain in 1707 -- that protected the role of the supreme court from legislative re-modeling.