Scottish Agricultural Law HandbookISBN 978-1-904968-29-0
Price: £90.00
Published: December 2009
The Agricultural Holdings (Scotland) Act 2003 has radically
altered the legislative framework for agricultural tenancies.
The 2003 Act introduces limited duration and short limited
duration tenancies and modifies grazing and mowing lets.
Other reforms relate to diversification into non-agricultural
use, tenants’ rights to buy, compensation for improvements,
partnership tenancies, and resolution of disputes.
This is the first commentary on the recent reforms. It covers:
Scottish Arbitration HandbookISBN: 9781904968443
Price: £95.00 (£85.50 until Dec 15th)- Paperback
Published: late 2011
The Arbitration (Scotland) Act 2010 has placed Scotland at the forefront of
modern arbitration law and procedure. The Act improves the range of options for
domestic dispute resolution and has given Scotland the chance to establish
itself as a centre for cross-border and international arbitration.
The Scottish Arbitration Handbook is an accessible and practical guide to the new
law. It combines annotation of the 2010 Act and the new procedural rules with
informed commentary on how the legislation is likely to affect the conduct
of arbitration. The authors draw on their experience in practice to address the
issues that commonly arise during the arbitration process.
Coverage includes:
Common Good LawISBN 978-1-904968-09-2
Price £27.00
Published March 2006
Common good law has come to prominence in recent years
as Scottish councils increasingly seek to raise revenue by
promoting development of council-owned land. As several
local authorities have found to their cost, proposals involving
common good land and assets, particularly in regard to
disposal, often bring them into conflict with local
communities.
This is the only book to deal with this neglected area of property law. It covers:
Common Good Law provides local authority practitioners,
those acting for purchasers of local authority property, and
advisers to community councils with a clear and practical
guide to the law.
Andrew Ferguson is a local authority solicitor.
Conveyancing 2010
Publisher: Avizandum Publishing
Published: April 11
ISBN: 9781904968450
£25.00 Pbk
A full and authoritative account of conveyancing law and practice in Scotland
during 2010. As usual, the coverage includes all reported cases, all statutory
developments, other material of interest to practitioners.
The authors analyse court decisions on subjects as diverse as the procedure
for majority variation of deeds of conditions; the meaning of facility burdens;
whether there must be good faith in the exercise of a right of pre-emption;
interpretation, both of real burdens and of descriptions; the alteration of
the route of a servitude of way; public rights over the verge of a road; the
meaning of expressions such as 'reasonable endeavours' and 'best endeavours';
and the use of the Lands Tribunal to vary inequitable maintenance provisions
in the titles of tenements. Particular attention is given to the decision of
the Supreme Court in Royal Bank of Scotland v Wilson, requiring a
calling-up notice to be served prior to sale by a heritable creditor, and to
the further important changes made to enforcement of standard securities by
the Home Owner and Debtor Protection (Scotland) Act 2010.
Publisher: Avizandum Publishing
Published: Apr 10
ISBN: 9781904968405
£25.00 Pbk
A full and authoritative account of conveyancing law and practice in Scotland
during 2009.
The authors analyse court decisions on topics as diverse as the validity of missives
concluded by fax, the grounds for rescission, agreements to agree, suspensive
conditions, whether solicitors are personally liable in respect of contracts
concluded on behalf of clients who turn out not to exist, ancillary rights in
servitudes, the new servitude of overhang, the enforceability of real burdens,
rights of pre-emption, the 'offside goals' rule, positive prescription and bounding
titles, warrandice, the aftermath of PMP Plus v Keeper of the Registers of
Scotland, public rights in respect of adopted roads, public access rights
under the Land Reform (Scotland) Act 2003, enforcement of standard securities,
and SDLT. Particular attention is given to the Development Management Scheme,
a new statutory alternative to deeds of conditions which is designed for use
in housing estates and other developments.
Conveyancing 2008ISBN 978-1-904968-11-5
Price £25.00
Published April 2009
Conveyancing 2008, the tenth volume in the series, offers a
full and authoritative account of conveyancing law and
practice in Scotland during 2008.
The coverage includes:
The authors analyse court decisions on topics as diverse as
the statutory test of interest to enforce real burdens; whether
signage is among the servitudes recognised in Scots law; the
proper meaning of the possession “as of right” needed to
establish a servitude by prescription; the variation and
discharge of title conditions; the legal effect of reserving a
new house; the problem of unsatisfactory coal mining
reports; irritancy of leases; leases to partnerships; the
interpretation of break options; tenants-at-will; a heritable
creditor’s duty to obtain the best price on sale following a
debtor’s default; survivorship clauses; judicial rectification;
and breach of warrandice. Particular attention is given to
PMP Plus v Keeper of the Registers of Scotland, a decision
which calls into question the way in which developers deal
with common parts, and the manner in which common parts
are entered on the Land Register.
Kenneth Reid is Professor of Scots Law at the University of Edinburgh.
George Gretton is Lord President Reid Professor of Law at the University of Edinburgh.
Conveyancing 2007ISBN 978-1-904968-25-2
Price £25.00
Published April 2008
Conveyancing 2007 covers court decisions on servitudes of parking; implied terms in servitudes; the exception to prescriptive extinction for servitudes which qualify as res merae facultatis; interest to enforce real burdens; section 53 of the Title Conditions (Scotland) Act 2003; the date on which the irritancy of a lease takes effect; the rules for majority voting in a tenement; the validity of a preservation notice registered by a superior under the Abolition of Feudal Tenure etc (Scotland) Act 2000; and the impact of the European Convention on Human Rights on positive prescription. It considers the first decisions on access rights under the Land Reform (Scotland) Act 2003 and the case law on the variation and discharge of title conditions by the Lands Tribunal is the subject of an extended treatment.
ISBN 978-1-904968-17-7
Price £24.00
Published April 2007
Conveyancing 2006 analyses court decisions on the creation of servitudes by prescription; the exception to prescriptive extinction for servitudes which qualify as res merae facultatis; warrandice; competition of title and negative prescription; the drafting of family agreements for the financing of council house purchases; the interpretation of real burdens; and the “offside goals” rule as it applies to purchase options in leases. Particular attention is given to a series of cases on the interest clause in missives, and a replacement style is provided to overcome the difficulties which the cases expose. It also discusses the conveyancing implications of recent legislation including the Bankruptcy and Diligence (Scotland) Act 2007.
ISBN 978-1-904968-12-2
Price £24.00
Published April 2006
Conveyancing 2005 includes analysis of court decisions on dispositions by A to A; special destinations; implied servitudes; servitudes of parking; delay in settlement; positive prescription and the ECHR; liability for common repairs in tenements; succession to leases; and judicial rectification. The authors consider the first decisions of the Lands Tribunal under the Title Conditions (Scotland) Act 2003 on the variation and discharge of real burdens, and also discuss the conveyancing implications of legislation including the Housing (Scotland) Act 2006 and the Family Law (Scotland) Act 2006.
ISBN 978-1-904968-01-6
Price £24.00
Published April 2005
Conveyancing 2004 assesses the impact of the Tenements (Scotland) Act 2004 and the Antisocial Behaviour etc (Scotland) Act 2004. It also covers cases on missives of sale; leases; servitudes; real burdens; descriptions; competition of title; and solicitors. There is extended discussion of the scope and value of trust clauses, and styles and commentary are provided on the subject of co-purchase agreements for unmarried couples. Alan Barr describes the important changes to stamp duty land tax made by the Finance Act 2004.
Evictions in ScotlandISBN 978-1-904968-18-4
Price £35.00
Published December 2007
Evictions in Scotland is a practical guide to the recovery of possession of residential property.
It covers:
Licensing and Gambling Law in Scotland: A Practical GuideISBN 978-1-904968-30-6
Price £60.00
Published June 2009
The law and practice surrounding the operation of licensed and gambling premises have been radically overhauled in
recent years. The Licensing (Scotland) Act 2005 and the Gambling Act 2005 have introduced new forms of licence,
increased supervisory powers and made approved training mandatory.
This new text is a comprehensive and accessible guide to how the 2005 statutes operate in practice. It is also the first
Scottish publication to examine how other regulatory regimes – including planning, building standards, private security,
and copyright – impact on licensed premises.
The text illustrates the operation of the licensing laws by the use of real-life and colourful examples, addresses potential
problems and pitfalls, and offers solutions to them. It is written to be of use not only to legal practitioners, but also to
all those involved in licensing and gambling administration.
Stephen McGowan has worked for Glasgow Licensing Board and in the licensed trade and is now in private practice. He
lectures on the Paralegal Certificate on Licensing Law and is an approved BII trainer.
Obligations
(2ed)ISBN 978-1-904968-10-8
Price £29.95
Published September 2006
This is the first Scots text to take a unitary approach to the law of obligations, and to investigate and explain the interaction of the obligations with each other. The text applies legal theory to concrete examples, and sets out the issues of liability in a clear and coherent way. By the use of worked examples and analysis of relevant case law, particularly in commercial actions, the law is set in its practical context.
Topics covered include:
Criminal Evidence and Procedure: An Introduction (3ed)ISBN 978-1-904968-32-0
Price c £48.00
Published: December 2010
Criminal Evidence and Procedure is a practical and accessible introduction to the conduct of criminal cases.
The text is structured according to the various stages of a criminal case, from mitigation to appeal.
It approaches the subject in an integrated way, recognising that there is a substantial degree of interpenetration
between evidence and procedure. Procedure is considered in the general order in which steps occur in prosecutions,
with solemn and summary procedure dealt with together as far as possible.
Matters of evidence are covered as they become relevant to the topics being dealt with. The Criminal
Procedure (Scotland) Act 1995, as amended, remains the core of the text.
This popular text provides a way into the subject for those coming new to criminal evidence and procedure
and is also a valuable vade mecum for established practitioners.
Alastair Brown is a Sheriff at Hamilton Sheriff Court.
Civil Jury Trials (2ed)ISBN 978-1-904968-00-9
Price £65.00
Published June 2006
Civil juries remain the primary method by which damages for solatium in Scotland are calculated. In recent years they have regained a measure of popularity and have retained and expanded their role. Civil Jury Trials sets out everything the practitioner needs to know about the law and practice governing a case that goes to jury trial. It sets the subject in its historical context and then takes a chronological approach to the subject.
It covers:
Public Law in ScotlandISBN 978-1-904968-08-5
Price £29.95
Published December 2006
The advent of a Scottish Parliament has heightened the distinctiveness of Scots public law and has given rise to a
range of new issues. This is due partly to the fact of devolution itself, but also because it has acted as a catalyst
for a range of contingent changes to the governance of Scotland.
Public Law in Scotland, an edited collection of essays, deals in a thematic manner with those aspects of
Scots public law which differ significantly from the law of the rest of the UK.
It consists of an introduction and 15 substantive essays in three sections:
Professional Ethics and Practice for Scottish Solicitors (4ed)ISBN 978-0-9543423-5-7
Price £34.00
Published May 2004
For almost 30 years this title has provided solicitors, trainees and students with an accessible and practical guide to best professional practice and to the ethical issues involved. It covers areas of concern in day-to-day practice, including confidentiality, conflict of interest, financial regulation, discipline, solicitors’ duties to the client, the court and third parties.
The text covers recent developments in law and practice, including:
Avizandum Statutes are designed specifically to provide undergraduates at Scottish universities with legislation and,
where appropriate, other core materials in a readily accessible format. All materials have been selected on the
basis of their relevance to university courses, and appear in amended form.
The lack of annotation and commentary means that the volumes are ideal for use in examinations.
All Avizandum Statutes are updated and reissued on a regular basis.