Personal Bar: Case-law in Search of Principle

Research output: Contribution to journalArticlepeer-review

Abstract / Description of output

Like the law of estoppel, its broad equivalent in Common Law jurisdictions, the law of personal bar in Scotland has an extensive case-law but an uncertain conceptual structure. This article draws upon that case-law to offer the framework of analysis for a unitary doctrine in which the central focus is the assessment of unfairness. The framework invites a reappraisal of the traditional terminological divisions within personal bar in order to identify indicators of unfairness specific to the particular context in question.
Original languageEnglish
Pages (from-to)340-66
Number of pages26
JournalEdinburgh Law Review
Issue number3
Publication statusPublished - 2003


Dive into the research topics of 'Personal Bar: Case-law in Search of Principle'. Together they form a unique fingerprint.

Cite this