2013-01-01
Author | Janeen Carruthers,Fiona Leverick,Malcolm M Combe,Charlie Irvine,Paul McClelland,James Chalmers,Elizabeth Crawford,Laura Macgregor |
DOI | 10.3366/elr.2013.0139 |
Pages | 63-96 |
Published date | 01 January 2013 |
Date | 01 January 2013 |
Statute may provide reassurance in some contexts, such as the declaration in section 39 of the Companies Act 2006 that an act of a company “shall not be called into question on the ground of lack of capacity by reason of anything in the company's constitution”; or the certification route that exists in the Local Government (Contracts) Act 1997. However, these situational exceptions will not assist beyond their narrow confines. No such reassurance was available in the case of [2012] CSIH 69; 2012 GWD 30–622 (hereafter “
Which (predominantly immoveable) assets are comprised within the common good?
The term common good land is slightly broad-brush, but it is normally as apposite as the wider term of common good assets.
Although not referred to in the judgment, the most important contemporary legal source on the common good in Scotland is Ferguson,
Turning to the incident case, Portobello Park was acquired by predecessors of the City of Edinburgh Council (“the Council”) in 1898, with the terms of that grant being such as to render the land's status as inalienable common good land non-contentious in the litigation.
Andy Wightman has suggested in his blog that this should have been a point of contention, see “Is Portobello Park common good land?”, 23 Sep 2012, available at
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