There  is  no  prescribed  form  for  intimating  a  claim  on  the  Keeper’s  indemnity.  The  claim  should, however, be in writing and include detailed information about the nature and circumstances of the loss.  It  must  be  properly  quantified  and,  where  appropriate,  vouchers  such  as  receipts  or  invoices should be submitted in support of the claim. Where  the  loss  claimed  is  purely  financial,  for  example,  made  up  of  legal  fees,  expenses  or  other outlays, it will usually be readily quantifiable. But where the loss is in respect of, say, the loss of a right in land, or of amenity, or of an incorporeal right, quantification may be more difficult. In all such cases, however, the loss must be converted into monetary terms and will normally require to be verified. No specific guidance can be given about the evidence the Keeper will need by way of verification. This will depend entirely on the particular circumstances of each case. Claims which appear speculative and claims which are poorly quantified will always be resisted by the Keeper. On receiving a claim, the Keeper will undertake a full investigation of the facts and circumstances and the supportive evidence submitted. Additional information or such other evidence as the Keeper may consider necessary may be sought from the claimant. The merits of the claim will be assessed and the Keeper will advise whether or not the claim will be met and, if so, whether in whole or in part. The  Keeper  will  generally  acknowledge  a  claim  within  7  days  of  receipt.  All  claims  are  dealt  with expeditiously. Where a matter is straightforward and additional information or evidence is not needed, acceptance or rejection of the claim will usually be advised timeously. However, where a matter is complex or particularly problematic, for example, where it involves two or more parties with differing points of view (say, in the case of a boundary dispute or a competition in title), it will inevitably take longer to conclude. It should be noted that the Keeper will normally decline to arbitrate in disputes about possession. Accordingly, where possession is an issue and the evidence of the parties conflicts, a judicial decision may be the only way forward. Expenses 7.36 The legal expenses reasonably and properly incurred by a successful claimant in pursuit of a claim will generally be met by the Keeper. Expenses which in the Keeper’s view were not proper to the claim or were incurred unnecessarily will  be resisted. Section 13(1) requires the Keeper to reimburse any expenditure properly and reasonably incurred by a person who has pursued a prima facie well-founded claim against the Keeper under section 12, regardless of whether the claimant is successful or not. Should the claim reach the Lands Tribunal or the court, either of those bodies can make an order regulating expenses. The courts (Mrs Hamilton v Keeper of the Registers of Scotland (No2))¹⁶  have upheld the view that where a claim on indemnity has not been finally determined the Keeper has discretion to decide on whether he is actually in a position to facilitate an application for expenses. The Inner House has suggested that such discretion is subject to appeal under section 25 or juducial review. Subrogation and assignation 7.37 In terms of section 13(2), when the Keeper settles any claim to indemnity, all rights which would have  been  available  to  the  claimant  to  recover  the  loss  shall  automatically  be  subrogated  to  the Keeper. In addition, section 13(3) authorises the Keeper to require, as a condition of payment of the claim, a formal assignation of the rights available to the claimant to recover the loss indemnified. The Keeper will be liable for the expenses of the assignation.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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