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w. gREENPROFESSIONAL CATALOGUE 2011

The W. Green Professional CaTaloGue 2011

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W. GREEN COMPLETE CATALOGUE 2011

W_Green_catalogue_2011:Layout 1 09/03/2011 11:28 Page i

iiiWELCOME TO THE W. GREEN COMPLETE CATALOGUE 2011

Dear Professional

Welcome to the W. Green Complete Catalogue for 2011.

2010 signified another year of turbulent conditions for many industries, but despite thechallenging environment, Greens continued to push ahead, creating new products forScotland’s legal professionals.

Some of the 2010 highlights include the Arbitration (Scotland) Act 2010 published tocoincide with the enforcement of the Act, authored by Fraser Davidson, David Bartosand Hew Dundas. 2010 also saw the publication of Professors Gerry Maher and BarryRodger’s Civil Jurisdiction in the Scottish Courts, the first text on this subject sinceDuncan & Dykes in 1911. Further key publications include the 3rd edition of NeilCollar’s Planning, a 4th edition of Adoption of Children in Scotland and a 2nd editionof John Kerrigan’s popular Drafting for Succession. W. Green’s partnership with theScottish Universities Law Institute continued with the December publication ofConfidentiality, Personality and Privacy in the SULI series.

2011 is shaping up to be an important year for new W. Green books. Anton &Beaumont’s Private International Law, 3rd edition by Paul Beaumont and PeterMcEleavy will publish in December. We are also pleased to announce new editions ofCohabitation; Scottish Trusts: A Drafting Guide and Gretton & Reid’s Conveyancing.Mirroring the current financial climate we also have new editions of Bankruptcy, TheLaw of Corporate Insolvency and a brand new title; Scottish Debt Recovery: A PracticalGuide.

2010 was again a year of positive development for Westlaw UK Scots Law. The Novusplatform was rolled out to users, greatly enhancing the system’s functionality, makingit quicker and easier to find information. On the contents side, 2010 saw key additionsof Session Cases ® PDFs dating back to 1898 as well as Scottish Criminal Law, ourmonthly criminal cases reports series. Westlaw UK Scots Law is an ever developingsystem and we continue to listen to customer needs to move forward throughout 2011and beyond.

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In addition to product information you can find all the W. Green details you will needwithin these pages, including commissioning, editorial, marketing and customerservices contacts.

Finally I would like to say thank you to all our customers for their continued supportthroughout 2010. I and everyone at W. Green wish you a very successful 2011.

Gilly Grant, [email protected]

W_Green_catalogue_2011:Layout 1 09/03/2011 11:28 Page iii

COMMISSIONING The commissioning team evaluates proposalsfor new products, working with authors todevelop their ideas and to help them tomanage the writing process. The team is alsohappy to receive unsolicited manuscripts.

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ivABOUT W. GREEN | CONTACT INFORMATION

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vORDERING INFORMATION AND CUSTOMER CARE

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Publications in this catalogue are listedunder their relevant subject areas, however,in some cases titles overlap areas. If yourequire further clarification, please refer tothe index at the back of this cataloguewhere listings are provided by Author orTitle.

Adult Incapacity 1

Agricultural 1

Bankruptcy, Debt and Insolvency 2

Charity 4

Civil Practice 5

Commercial 10

Company 12

Construction 14

Consumer 15

Contract 15

Conveyancing and Property 17

Criminal 22

Delict and Reparation 31

Education 35

Employment 36

Entertainment and Media 38

Environment 38

European and EU 39

Evidence 39

Family and Social Welfare 41

General and Reference 48

Housing, Landlord and Tenant 55

Human Rights 56

Intellectual Property and Data Protection 58

International Private Law 59

Legal System 60

Licensing 60

Mental Health 61

Partnership 62

Planning 62

Private Client 64

Public 65

Rating and Valuation 66

Succession and Trusts 66

Tribunals and Inquiries 70

Unjust Enrichment 71

viCONTENTS

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ADULT INCAPACITYGREENS PRACTICE L IBRARY

Adrian D. Ward

The needs and vulnerabilities of citizens withdisabilities and impairments of capacitypresent the most direct challenge to theprofessionalism of lawyers. This text providesa comprehensive and authoritative guide tothe legal issues relating to capacity, withparticular reference to the provisions of theAdults with Incapacity (Scotland) Act 2000.

Contents: n Disabilities, capacity and assessmentn Professional and practical issuesn The Incapacity Act — Introduction and

backgroundn The Incapacity Act — General principles

and definition of incapacityn Key roles and functions under the Actn Powers of attorneyn Other anticipatory techniquesn Authority to intromit and transfern Management of residents’ financesn Intervention orders and guardianship —

Generaln Guardianship — Further provisionsn Other responsive measuresn Trusts and other third party measuresn Healthcare decisions and medical

researchn Constructing decisions

Adrian D. Ward, Solicitor, is a senior partnerof Messrs Turnbull & Ward, Barrhead.

20039780 414 01472 5Hardback£149.00

ADULTS WITH INCAPACITYLEGISLATIONGREENS ESSENTIAL LEGISLATION

Adrian D. Ward

As an important area of legal practice, adultincapacity law has developed dynamicallysince original enactment of the Adults withIncapacity (Scotland) Act 2000. The Act hasbeen amended by five statutes and fourstatutory instruments. There have beenimportant case law and other developments.

This book sets out the text of the 2000 Actwith all amendments up to and includingthose which came into force on October 27,2008, with up-to-date general comment onthe Act, including its background andinternational context, and upon each of itsparts, and with section by sectionannotations. Section 13ZA of the SocialWork (Scotland) Act 1968, introduced in2007, is of importance to practice under theIncapacity Act, and is included withextensive commentary.

Adrian D. Ward, Solicitor, is a senior partnerof Messrs Turnbull & Ward, Barrhead.

20089780 414 01580 7Paperback£62.00

THE LAW OF AGRICULTURALTENANCIES IN SCOTLAND4th Edition

GREENS PRACTICE L IBRARY

The Rt Hon. Lord Gill

“We are surely grateful to have such athorough and comprehensive guide to thiscomplex area of law. It is a professionalupdate by the acknowledged expert and a'must' for all lawyers dealing with agricultural law.”Hugh D. Cochran, Scottish Law Gazette ofthe previous edition

Scotland’s principal work on the Law ofAgricultural Holdings has been extensivelyupdated to take into account legislative andcase law developments. The new editioncontains comprehensive analysis of the newShort Limited Duration Tenancies andLimited Duration Tenancies created by theAgricultural Holdings (Scotland) Act 2003.To accommodate the enormous amount ofnew material, the 4th edition will bepresented in two volumes.

Volume 1 will provide detailed legal analysisof the operation of agricultural holdings inScotland.

Pt I Introduction and Historical ReviewPt II 1991 Act TenanciesPt III Short Limited Duration Tenancies

and Limited Duration TenanciesPt IV Leases for Grazing or MowingPt V Jurisdiction, Procedure and

Evidence

Volume 2 will contain the full, consolidated,text of all relevant legislation, including theAgricultural Holdings (Scotland) Act 2003and the Agricultural Holdings (Scotland) Act1991.

The Rt Hon. Lord Gill is recognised asScotland's premier expert in the field of agricultural law.

20112 Volume set9780 414 01501 2c.£235.00

1ADULT INCAPACITY | AGRICULTURAL

NEW EDITION

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AGRICULTURAL | BANKRUPTCY, DEBT AND INSOLVENCY2

A PRACTICAL GUIDE TO RENTREVIEW OF AGRICULTURALHOLDINGS IN SCOTLANDFraser R. Barraclough

Rent review of agricultural holdings inScotland should be a straightforwardbusiness transaction. Due to the extent thatthe law has intervened, this is not true. Thistitle is a straightforward, non-technicalguide to the full process of rent review ofagricultural holdings. The excellent explanations and advice contained make theprocedure easily understandable.

Written by a well-known surveyor, this is theonly Scottish title to give a full treatment ofagricultural rent review. The fact that itdeals with matters relevant to rent reviewand does not diversify means that it coversthe area completely and is as focused aspossible. The important practical advice onthis most common agricultural transactioncontained in this title is not availableanywhere else.

This is a must have title for all involved inthe process of agricultural rent review. Ruralsurveyors and agricultural solicitors need aclear understanding of this procedure tocarry out their jobs correctly. This titleensures you have knowledge and understanding to serve clients with confidence. Auctioneers and agriculturalarbiters will also find this title necessary toguarantee they make the right decisions.Finally, Rent Review of Agricultural Holdingsin Scotland is a valuable title for landownersthemselves, to ensure they are aware oftheir rights and that all procedures arecorrectly adhered to.

Contents: n Rent — what is it?n Improvementsn Quotasn Comparable evidencen Arbitrationn Appendices — containing styles,

legislation and case notes

Fraser R. Barraclough is a Surveyor withextensive experience of acting in rent reviewproceedings.

2002978 0 414 01506 7Paperback£39.00

BANKRUPTCY 2nd Edition

Alan W. Adie

This is a concise guide to bankruptcy aimedat solicitors and licensed insolvency solicitorsin Scotland. This area is growing inimportance for solicitors due to the steadyincrease in the number of individuals andpartnerships which have gone bankruptsince 1998.

This new edition is a very welcome tool forall those working in this area and the firstupdate since 1995. Apart from key changesto case law and legislation since then,including those introduced by the HomeOwner and Debtor Protection (Scotland) Act2010, this book will also look forward to keylegislative changes. This will include the newconsolidation Act, provisionally titled theBankruptcy (Scotland) Act 2010.

Changes will include the following:n Debtors will be discharged from

bankruptcy after one year instead ofthree years

n There will be a power to imposebankruptcy restrictions for up to 15 yearsif the debtor’s conduct, before or afterthe award of sequestration, indicatesthat some form of further restriction isin the public interest

n Debtors will apply to AiB (Accountants inBankruptcy) instead of the sheriff courtfor their own bankruptcy

n There will be a new route intobankruptcy for debtors with low incomeand low assets

n A debtor’s family home will bereinvested if their trustee does not beginaction to sell it within three years of theaward of sequestration

n The debt threshold for bankruptcy willincrease to £3000

n Student loans will not be written off bybankruptcy

These changes will have huge affects on theeveryday working life of those in finance inScotland and they will need to prepare forthem. This book is the preparation tool theyneed.

Alan W. Adie is a Licensed InsolvencyPractitioner, Adie Financial Solutions Ltd.

2011978 0 414 01723 8Hardbackc.£59.00

BANKRUPTCY & DILIGENCEETC. (SCOTLAND) ACT 2007GREENS ANNOTATED ACTS

Nicholas Grier

The Bankruptcy and Diligence etc. (Scotland)Act 2007 introduces sweeping reforms to thelaw relating to sequestration and personalinsolvency, floating charges and diligence. Itestablishes a Scottish Civil EnforcementCommission and it also introduces a newdiligence of ‘land attachment’.

This annotated copy of the Act will ensurethat lawyers have access to the full text ofthe Act together with expert commentaryon the key provisions.

Contents:n Bankruptcyn Floating chargesn Enforcementn Land attachment and residual

attachmentn Inhibitionn Diligence on the dependencen Interim attachmentn Attachment of moneyn Diligence against earningsn Arrestment in execution and action of

forthcomingn Maills and duties, sequestration for

rent and landlord’s hypothecn Summary warrants, time to pay and

charges to payn Amendments of the Debt Arrangement

and Attachment (Scotland) Act 2002n Admiralty actions and arrestment of

shipsn Actions for removing from heritable

propertyn Disclosure of informationn General and miscellaneous

Nicholas Grier is a Senior Lecturer in Law atNapier University University and DeputyHead of the Centre for Law.

20089780 414 01685 9Paperback£82.00

NEW EDITION


NEW TITLE

BANKRUPTCY, DEBT AND INSOLVENCY 3

GREENS BANKRUPTCY ANDMERCANTILE STATUTES2009/2010PARLIAMENT HOUSE BOOK

Parliament House Book is the most comprehensive and up-to-date source oflegislation available to Scots law practitioners and students, providing youwith fingertip access to collections of consolidated statutes, legislative amendments and subordinate legislation inkey areas of the law.

Greens Legislative Looseleaf Reprints,printed annually,reproduce significantsections of this respected looseleaftitle. They offer all the weight and authorityof the encyclopaedia in handy portableformats, allowing you access to the factswhether in the office, court, library or athome.

The 2009/2010 edition of Greens Bankruptcyand Mercantile Legislation includes:

n Partnership Act 1890n Unfair Contract Terms Act 1977n Sale of Goods Act 1979n Supply of Goods and Services Act 1982n Bankruptcy (Scotland) Act 1985n Law Reform (Miscellaneous Provisions)

(Scotland) Act 1985n Contracts (Applicable Law) Act 1990n Bankruptcy (Scotland) Act 1993n Sale and Supply of Goods Act 1994n Contract (Scotland) Act 1997n Bankruptcy and Diligence etc (Scotland)

Act 2007n Late Payment of Commercial Debts

(Interest) Act 1998n Bankruptcy Fees (Scotland) Regulations

1993/486n Unfair Terms in Consumer Contracts

Regulations 1999n Bankruptcy (Scotland) Regulations 2008n Act of Sederunt (Sheriff Court

Bankruptcy Rules) 2008

2009978 0 414 01793 1Paperback £64.00

DEBT LEGISLATIONGREENS ESSENTIAL LEGISLATION

Dawn McKenzie

Building on the success of the author’searlier work Debt Arrangement andAttachment, this new volume of annotatedlegislation has been expanded to include theamended text of the Debtors (Scotland) Act1987.

The legislation is fully consolidated andincludes amendments made by theBankruptcy and Diligence etc. (Scotland) Act2007, such as the creation of the newdiligence of ‘interim attachment’.

The author’s detailed annotations provideexpert analysis of this complex area of thelaw, making this an essential purchase for allsolicitors and legal professionals dealingwith debt recovery work.

Contents:n Debtors (Scotland) Act 1987 n Debt Arrangement and Attachment

(Scotland) Act 2002 n Act of Sederunt (Debt Arrangement and

Attachment (Scotland) Act 2002) 2002 n Debt Arrangement Scheme (Scotland)

Regulations 2004 (SSI 2004/468)

Dawn McKenzie is a Partner with HarperMacleod.

2011978 0 414 01782 5Paperbackc.£75.00

SCOTTISH DEBT RECOVERY:A PRACTICAL GUIDEStephen Cowan

Due to the current economic climate, levelsof debt recovery work have increaseddramatically. This rise in the volume of workin this area alongside important newlegislation such as the Debtors (Scotland) Act1987, as amended by the Bankruptcy andDiligence etc (Scotland) Act 2007, hasnecessitated the need for an up-to-datenarrative guide on the subject. The book issplit into four key parts:

Part I—Collection techniques pre-suen Identifying the client and creditor

(Money Laundering Regulations)n Types of debtorn Formation of contracts and

incorporation of Ts and Csn Obtaining information on debtor’s

various searchesn Data Protection Act 1998n Consumer Credit Act

Part II—Raising court actionsn Jurisdictionn Domicilen Consumer contractsn Consumer credit agreementsn Payment actionsn Defended proceduren Time to pay directions and ordersn Expenses

Part III—Diligencen Diligence on the dependencen Diligence against earningsn Arrestmentn Charges for paymentn Inhibitionn Money attachment

Part IV—Insolvencyn Sequestrationn Trust deedsn Liquidationn Statutory demands for payment n Debt Arrangement Scheme

Stephen Cowan is a Managing Partner atYuill & Kyle

2011978 0 414 01821 1Hardback c.£60.00

NEW TITLE


THE LAW OF CORPORATEINSOLVENCY IN SCOTLAND4th Edition


John St. Clair and The Hon. LordDrummond Young QC

The most up-to-date and authoritativeguidance on all aspects of corporateinsolvency as the law stands in Scotland. Itprovides a full understanding of theprinciples underpinning the law, as well asthe application of it.

This fully revised 4th edition focuses on therecent amendments to the ScottishInsolvency Rules by the following SSIs:

Insolvency (Scotland) Amendment Rules2008 (SSI 2008/662)Insolvency (Scotland) Amendment Rules2007 (SSI 2007/2537)Insolvency (Scotland) Amendment Rules2006 (SSI 2006/734)Insolvency (Scotland) Amendment Rules2006 (SSI 2006/735)

There have also been over 360 cases sincethe previous edition in 2004 and contentand changes from a number of these aretaken into the text. Considerable updateshave been made to the areas ofadministration, liquidation, employment andpensions and the chapter on theInternational Dimension.

Contents include:n Part 1—The history and context of

Scottish insolvency lawn Part 2—Various insolvency regimesn Part 3—Effect of insolvencyn Part 4—Securities and special creditor

rightsn Part 5—Procedure and practicen Part 6—The international dimension

John St. Clair was formerly an AdvocateThe Hon. Lord Drummond Young, QC wasappointed a Judge of the Supreme Court in2001

2011978 0 414 01755 9Hardbackc.£175.00

MacROBERTS SCOTTISHLIQUIDATION HANDBOOK 4th Edition

David Flint

This is an updated practical guide forInsolvency Practitioners, solicitors,accountants and other professionals, to thelaw and practice surrounding the liquidationof companies in Scotland.

Examining all the stages in the process ofliquidation (compulsory and voluntary),with references to the specific Scottishinsolvency rules and legislation, this is anessential purchase for anyone practising inthis area of law or who needs to understandthe process.

Following the introductory narrative, whichdetails clearly the steps which require to befollowed on a day to day basis, you will finda wealth of wholly revised and updatedstyles for your use, including:

n Petitions to courtn Agendas and minutes for required

meetingsn Relevant lettersn Notes (e.g. for delivery of property

reduction of gratuitous alienation)n Sederunt book entriesn Deed of Appointment for Independent

Trustees to Pension Schemes

Expanded from the previous edition,MacRoberts Scottish Liquidation Handbookincludes major sections on new concerns forliquidators and those advising themincluding wholly rewritten chapters onpensions, employment, data protection, theenvironment and some taxation issues.There is also a new chapter on propertyissues for liquidators

David Flint is a Partner in the CorporateRecovery Group at MacRoberts LLP, a Licensed Insolvency Practitioner and anAccredited Specialist in Insolvency Law.

2010 978 0 414 01822 8Hardback and CD ROM£90.00 + £1.80 VAT = £91.80

CHARITIES AND TRUSTEEINVESTMENT (SCOTLAND)ACT 2005GREENS ANNOTATED ACTS

Stuart Cross and Patrick Ford

This important new title features a fullyannotated version of this highly publicisednew Act. The Act fundamentally transformsthe public regulation of Charities, redefines‘Charity’ and also has an impact on Trustlaw.

This title covers the creation of the Office ofthe Scottish Charity Regulator and thechanges in trustee investment powers. Itprovides the reader with everything theyneed to stay ahead of the changes introduced by this Act. An essential purchasefor private client lawyers and charity lawspecialists allowing them to advise clientswith confidence, and for charities wishing tomake sure they are compliant with the newregulations.

Stuart Cross is a Senior Lecturer at theUniversity of Dundee. He is an acknowledged expert in Charity law andadvised on the drafting of the new Bill.

Patrick Ford is a Lecturer at the University ofDundee and a Member of the Charity LawResearch Unit. He also advised on thedrafting of the new Bill.

2006978 0 414 01663 7Paperback£52.00

4BANKRUPTCY, DEBT AND INSOLVENCY | CHARITY

NEW EDITION


GREENS ANNOTATED RULESOF THE COURT OF SESSION2010–2011PARLIAMENT HOUSE BOOK

Reproduced from the Parliament HouseBook, this book provides a comprehensiveand authoritative guide to the practice andprocedure of the Court of Session.

As well as providing the full text of theRules of the Court of Session (SI 1994/1443),this handy, portable volume also providesdetailed expert analysis written by SheriffNigel Morrison QC.

Contents include:n Updated and annotated Act of Sederunt

(Rules of the Court of Session 1994) 1994(SI 1994/1443)

n Expenses of Party Litigants (SI 1976/1606)n Messengers-at-Arms and Sheriff Officers

Rules 1991 (SI 1991/1397)n Solicitor’s Rights of Audience 1993

(SI 1993/1215)n Court of Session etc.n Act of Sederunt (Rules of the Court of

Session Amendment) (Fees of Solicitors,Shorthand Writers and Witnesses) 2002(SSI 2002/301)

n Directions and Practice Notes

2010978 0 414 01794 8Paperback£125.00

New edition to publish Autumn 2011

2011978 0 414 01842 6Paperbackc.£125.00

PRACTICAL ADVOCACY IN THE SHERIFF COURTCharles Hennessy

This practical and comprehensive title is ofgreat benefit to students and practitionersalike in providing detailed guidance on howto conduct effective advocacy in the sheriffcourts.

Civil Advocacy in the Sheriff Courtdemystifies the practice of advocacy andhelps new court lawyers to gain confidencewhile providing the more experienced withtools to analyse and hone their skills.

Case studies illustrate what advocacy meansin practice and contain recommendedtranscripts of what to say and what not tosay in order to help win cases. The book alsoaids the reader’s ability to adapt and applythe core skills to particular and unusualcircumstances.

Contents:n Handling disputes pre-litigationn Precognitionsn Written pleadingsn Advocacy skillsn Preparing and presenting motionsn Preparing and presenting debatesn Preparation of proofn Examination of witnessesn Cross examination of witnessesn Submissions after proofn Preparing and conducting appeals

Charles Hennessy, Solicitor Advocate, is apartner at Charles Hennessy & Co, Glasgowand is a visiting professor at GlasgowGraduate School of Law.

2006978 0 414 01503 6Hardback£63.00

CIVIL JURISDICTION IN THESCOTTISH COURTSProfessor Gerry Maher QC & Professor B. J. Rodger

The issue of jurisdiction is involved everytime an action is raised in the Scottishcourts. This new work by Professors Maherand Rodger will be the first book to dealwith the practical aspects of jurisdiction forScottish practitioners.............................................................................Civil Jurisdiction in the Scottish Courts willprovide comprehensive coverage of all theareas of civil jurisdiction, including familyactions, succession, insolvency and diligence.Written in a highly practical style, the bookwill be an essential reference book for allScottish civil court practitioners.

Contents: n Sources and Structure of the Law of Civil

Jurisdictionn Domicile and Presencen Rule 2 Groundsn Consumer Contractsn Contracts of Employmentn Insurance Contractsn Exclusive Jurisdictionn Family Proceedingsn Insolvency and Winding Upn Obligationsn Propertyn Actions relating to Successionn Trustsn Jurisdiction in Diligencen Admiralty Actionsn Prorogation and Submissionn Excluding Jurisdictionn Procedural Issuesn Examination as to Jurisdictionn Pleading Jurisdiction

2010978 0 414 01368 1Hardback£140.00

5CIVIL PRACTICE


CIVIL PRACTICE6

CIVIL PROCEDURE AND PRACTICE3rd Edition

GREENS CONCISE SCOTS LAW

Charles Hennessy

The third edition of this well respected titleis a straightforward yet comprehensivetextbook offering guidance on the manydiverse forms of civil procedure, from smallclaims to the Court of Session Rules, andexamining the basic principles behind therules and their practical application.

Since the last edition significant changeshave taken place in the jurisdiction limits forsummary causes and small claims with consequent alterations in rules and procedures. Important updates include:

n Inclusion of key jurisdictional changesn Updated text on major developments in

procedure and practicen Updated case referencesn New and updated footnotes

Presenting a clear and concise introductionto the practice and procedure of Scotland’scivil courts, this title is essential reading forScots law students, particularly those takingthe Diploma in Legal Practice. This is also anideal reference guide for recently qualifiedsolicitors and a handy updating tool for civilpractitioners at all stages of their careers.

Contents: n Rules of procedure and practicen The different courts and their rules of

proceduren Written pleadingsn Preliminary pleasn Court of Session ordinary actionsn Personal injury actions in the Court of

Sessionn Commercial actions in the Court of

Sessionn Judicial reviewn Sheriff court ordinary actionsn Sheriff court commercial actionsn Summary causen Small claimsn Declaratory actions and petitory actionsn Summary applications and statutory

applications and appealsn Incidental procedure in civil actionsn Special procedures in actions of damages

for personal injuryn Legal debatesn Proof, proof before answer and jury trialn Decreesn Appealsn Expensesn Human rights legislation and rules of

civil procedure

Charles Hennessy, Solicitor Advocate, is apartner at Charles Hennessy & Co, Glasgowand is a visiting professor at GlasgowGraduate School of Law.

2008978 0 414 01751 1Paperback£39.00

GREENS CIVIL PRACTICE BULLETIN6 ISSUES A YEAR

Co-editors: Stuart Reid and Brian Cameron

The Civil Practice Bulletin gives Scottishpractitioners guidance on both sheriff courtand Court of Session rules and procedures.The following columns are regularlyfeatured: Editorial; Comment; Court ofSession Cases; Sheriff Court Cases.

Coverage in 2010 included:n Editorials, including notes on:

• The draft Report of the ThomsonReview

• The Interpretation and LegislativeReform (Scotland) Act

• The Report of the Scottish CivilCourts Review

• Home Owner and Debtor Protection(Scotland) Act 2010

n Comments, including:• Pleading Requirements• The Expert in Court• Section 19A and the “Alternative

Remedy”n Court of Session Casesn Sheriff Court Cases

Stuart Reid is a Solicitor Advocate withMaclay Murray & Spens, Glasgow.

Brian Cameron is a partner at MacdonaldsSolicitors, Glasgow.

1357-27682011 Annual Subscription Price: £256.00

GREENS LITIGATION STYLESREGULAR UPDATES

Editor: The Right Hon. LordCarloway

“This is a publication of major importanceand for once it can be said with sincerity bya reviewer that no court practitioner,whether in the Court of Session or thesheriff court, can afford to be without it. Nomore valuable and practical book on courtpractice has appeared in modern times andunreserved congratulations are due to LordDavidson and his colleagues.”D. B. Weir, Journal of the Law Society

The purpose of this volume is to givepractical help to those who have the responsibility of drafting pleadings in theScottish courts.

n Styles for litigation in the sheriff court and Court of Session are included

n Regularly updated — new styles will be added and existing styles revised to take account of new legislation and other developments

n The companion CD-ROM allows the busy practitioner to assemble styles at speed

Contents:n Actionsn Special sheriff court causesn Petitionsn Defences and answersn Incidental elementsn Bankruptcy and insolvencyn Family actionsn Multiplepoindingn Adoptionn Commercial actionsn Personal injury actions

The Right Hon. Lord Carloway is a Judge inthe Inner House of the Court of Session.

978 0 414 01038 32 Volume Looseleaf and CD-ROM£660.00 + £66.00 VAT = £726.00Annual Subscription


CIVIL PRACTICE7

LITIGATION STYLES: FAMILYACTIONS AND ADOPTION

A handy and practical aid for those whohave responsibility for drafting familypleadings in the Scottish Courts, this volumebrings together a collection of styles forlitigation in the sheriff court and Court ofSession. Included are styles originallypublished in Greens Litigation Styles and thebook is further enhanced by valuable newstyles, contributed by Alison Stirling, MA(Hons) LLB, Advocate. This is the perfectportable text for all those working in thearea of family law, allowing access to theinformation you need while on the move orin court.

Contents include:• Declarators• Divorce, dissolution of civil partnershipsand separation• Financial provisions• Adoption

Included is a CD carrying all the stylesproduced in the text allowing you todownload and reproduce them in youreveryday work.

2010978 0 414 01847 1 Paperback£65.00 + £2.60 VAT re CD = £67.60

GREENS PRACTICE STYLESREGULAR UPDATES

Within the three updating volumes ofGreens Practice Styles you will find a wideselection of useful styles for your immediate application or adaptation.

Contents include:DIVISION A — Agriculture and Crofting:Constitution of Tenancy; Land Court;Miscellaneous; Arbitration

DIVISION B — Commerce: Banking; BusinessSale and Purchase; Company Administration;Company Formation; Partnership

DIVISION C — Commercial Conveyancing:Development; Leases; Purchase and Sale;Loan Transactions

DIVISION D — Employment: Contracts;Policies and Procedures; Discipline

DIVISION E — Domestic Conveyancing:Disposition; Leases; Missives; StandardSecurities; Miscellaneous

DIVISION F — Executry: Ingathering andDistribution; Inventory and Confirmation;Letters Investigating Estate; Powers ofAttorney; Receiving Instructions

DIVISION G — Family Law: SeparationAgreements

DIVISION H — Intellectual Property: Mediaand Entertainment; Computer Contracts;Data Protection

DIVISION I — Miscellaneous

DIVISION J — Moveable Property: Hire; Sale;Security

DIVISION K — Trusts: Accumulation andMaintenance Trusts; Charitable Trust;Declaration and Deeds of Trust;Discretionary Trusts; Liferent Trusts

DIVISION L — Wills: Additional Clauses; FullForm Wills with General Clauses; NotarialExecution; Simple Form Wills; Variation ofClauses

978 0 414 01039 03 Volume Looseleaf and CD-ROM£638.00 + £63.80 VAT = £701.80Updating releases charged for on publication

GREENS SHERIFF COURTRULES 2010–2011PARLIAMENT HOUSE BOOK

Coverage includes:n Fatal Accident and Sudden Deaths

Inquiry Procedure (Scotland) Rules 1977n Ordinary Cause Rules 1993n Summary Applications, Statutory

Applications and Appeals etc Rules 1999 n Summary Cause Rules 2002n Small Claims Rules 2002n Sheriff Court Caveat Rules 2006n Vulnerable Witnesses (Scotland) Act 2004

Pts 2 and 3

This edition has been fully updated toinclude all amendments since the lastedition.

2010978 0 414 01808 2Paperback£47.00

New edition to publish Autumn 2011

2011978 0 414 01844 0Paperbackc.£50.00


CIVIL PRACTICE8

MacPHAIL’S SHERIFF COURTPRACTICE3rd Edition

SULI

General Editor: Sheriff T. Welsh QC

A fully updated version of the definitivestatement of the law and practice ofScotland’s sheriff courts. This new editionhas been revised by an expert team, all ofwhom are highly experienced sheriffs andretains the quality and authority expectedfrom Macphail.

Coverage includes:n Constitution and jurisdictionn Partiesn The ordinary court and ordinary causen Ordinary causes with special rulesn Miscellaneous powers and dutiesn Enforcement of judgmentsn Fatal accident inquiriesn Adoptionsn Commercial actionsn Summary cause proceduren Small claims procedure

Contributors to the new edition:Sheriff J. M. S. Horsburgh, QCSheriff K. A. RossSheriff W. D. SmallSheriff C. A. L. ScottSheriff T. J. HughesSheriff C. N. Stoddart, PhdSheriff A. M. CubieSheriff Principal J. A. TaylorSheriff R. H. DicksonSheriff L. D. R. Foulis

Sheriff T. Welsh QC is presently Director ofJudicial Studies and also general editor ofMacPhail’s Sheriff Court Practice 3rd Edition.

Published under the auspices of the ScottishUniversities Law Institute

2006978 0 414 01609 5Hardback£275.00

PERSONAL BARSULI

John Blackie and Elspeth Reid

Publishing in the highly regarded SULI series,this title is a comprehensive and authoritative examination of the subject ofpersonal bar.

Personal bar cuts across all civil practiceareas, yet there is no recent treatment ofthe subject and it is only briefly discussed inother general works. The authors have usedcareful analysis of the voluminous case-lawto develop a modern framework for thedoctrine.

General part includes:n Historical introduction n The elements of personal bar n Classifying inconsistent conduct n Unfairnessn The scope of personal bar

Special part includes:n Property rightsn Defects in formal execution of

documentsn Successionn Trustsn Leasesn The contract of salen Unjustified enrichmentn Agencyn Company lawn Insurancen Rights in security and cautionary

obligationsn Bills of exchange and chequesn Proceduren Diligence and bankruptcyn Judicial reviewn Appendix — Requirements of Writing

(Scotland) Act 1995 s.1

John Blackie is a Professor of Law at theUniversity of Strathclyde.

Elspeth Reid is a Senior Lecturer at theUniversity of Edinburgh.


2006978 0 414 01464 0Hardback£162.00

PRESCRIPTIONAND LIMITATIONSULI

David Johnston QC

Prescription and limitation are exceptionallyimportant in the practice of law, posingproblems and raising problematic issues andquestions in virtually every legal area.Questions of when rights or obligations areextinguished by negative prescription,fortified by positive prescription or barredby limitation are frequently difficult, and theterms of the Prescription and Limitation(Scotland) Act 1973, the statute whichgoverns most of these questions, are oftencomplex and sometimes obscure. The needtherefore for a detailed examination of thelaw has been long overdue.

Prescription and Limitation is the first bookin over a century to explore this complexand expansive area of Scots law. Within thescheme of this consolidating text are theanswers to numerous legal questionsaffecting such diverse areas as contract,delict, conveyancing and property law.Throughout the work the author hasexamined a disparate subject, exploringmany of the numerous legal measures andprocedures on which prescription andlimitation impact.

Contents: n History and justification for prescriptionn Part I: Negative prescriptionn Part II: Limitation of actionsn Part III: Positive prescriptionn Part IV: Prescription and limitationn Prescription and Limitation (Scotland)

Act 1973

Table of limitation periods provided instatutes other than the Prescription andLimitation (Scotland) Act 1973.

David Johnston QC is an advocate.


1999978 0 414 01315 5Hardback£145.00


CIVIL PRACTICE9

PRESCRIPTION ANDLIMITATION OF ACTIONS6th Edition

GREENS ANNOTATED ACTS

D. M. Walker

This book provides a full text copy of thePrescription and Limitation (Scotland) Act1973 with annotations interpreting the law,along with a narrative introductionproviding general guidance. Updated totake account of amending legislation, thisedition includes the changes made by theRequirements of Writing (Scotland) Act1995, the Protection from Harrassment Act1997 and the Abolition of Feudal Tenure, etc(Scotland) Act 2000. It offers guidance oninterpretation of all provisions of thelegislation with reference to decided cases.

The rules of prescription and limitation ofaction are highly complicated and directlyrelevant to contract, delict, property andconveyancing, making the Act of greatpractical importance to practitioners.

Contents: n The concepts of prescription and

limitationn Positive prescriptionn Short negative prescriptionn Long negative prescriptionn Prescription of obligations under the

Consumer Protection Act 1987n Limitation of actions for damages or

solatiumn Limitation of actions under the

Consumer Protection Act 1987n Supplementary provisionsn The Limitation (Enemies and War

Prisoners) Act 1945n Other statutory prescriptions or

limitations for bringing civil actionsn Moran Precription and limitation in public lawn Prescription and limitation in criminal

law

D. M. Walker is Regius Professor Emeritus ofLaw at the University of Glasgow.

2002978 0 414 01460 2Paperback£74.00

THE SCOTS DIMENSION TOCROSS-BORDER LITIGATIONRichard Aird and Neil Jameson

“One is frequently asked by English clientsor correspondents to recommend a textbookwhich provides an exposition of the Scottishsystem of litigation. Until publication of thepresent book it was not possible to suggestany single book which seemed to meet theneeds of a practitioner from another jurisdiction.”A. F. Deutsch, Scots Law Times

“It is warmly commended to English practitioners principally, and then to Scotspractitioners; and to the growing number of lawyers on both sides of the Border whohave an interest in jurisdiction and forumselection.”Elizabeth B. Crawford, Civil Justice Quarterly

This original work provides a practical guidefor non-Scottish legal practitioners who mayface the question “can there be a Scottishdimension to this problem?” and “if so, cantactical advantage be taken?” This bookdemonstrates how cross-border tactics maybe invoked even where there is little or noconnection with the Scots jurisdiction.The book offers an authoritative and up-to-date section on choice of jurisdiction. Thepowerful Scots interim protective measures(relating to evidence and security) areexamined in detail from a UK perspective.Those more familiar with the English systemof procedure will find dealing with theScottish system easy to assimilate with thehelp of flow charts. The timescales oflitigation and costs of cross-border insolvency are discussed.

Contents: n Civil proceduren Arbitrationn Costsn Timescalesn Diligencen Corporate and personal insolvencyn Family and child abduction

1996978 0 414 01130 4Hardback£159.00

SMALL CLAIMS HANDBOOK2nd Edition

W. C. H. Ervine

“A ready reference for practitioners to carryeasily with them when involved in smallclaims.”Scottish Law Gazette — of previous edition

Fully revised and updated from the firstedition, to take into account the Act ofSederunt (Small Claim Rules) 2002, SmallClaims Handbook, 2nd Edition is aninvaluable guide to the small claimsprocedure.

The small claims procedure was introducedinto the sheriff courts in Scotland inNovember 1988 as a simple, quick, informaland inexpensive method for settling disputeswhere the claim is worth up to £750.00.Although this scheme encourages litigantsto act for themselves, in practice, many donot and legal professionals are frequentlyinvolved.

This book describes the background of thescheme and comprehensively deals with itsoperation and procedures. All relevantprimary and secondary legislation isincluded, not only the small claim rulesthemselves but also the ordinary andsummary cause rules which apply to smallclaims.

Contents: n Introductionn Definition of a small claimn Jurisdictionn Raising the actionn Hearingsn Appeals, expenses and miscellaneous

mattersn Small Claims Rules 2002n Sheriff Courts (Scotland) Act 1971n Small Claims (Scotland) Order 1988

W. C. H. Ervine was formerly a SeniorLecturer in law at the University of Dundee,a former member of the Sheriff Court RulesCouncil and a member of the EuropeanConsumer Lawyers’ Group.

2003978 0 414 01206 6Paperback£63.00


SUMMARY APPLICATIONSAND SUSPENSIONSGREENS PRACTICE L IBRARY

George Jamieson

A definitive, detailed guide to the procedural aspects of all types of summaryapplication and suspension: common law,statutory and “special”. It meets thedemand for a book bringing togethervarious statutory rules combined withthorough guidance on procedure.

With over 7000 summary applicationsannually, summary applications and suspensions are important aspects of thecourt practitioner’s work.

Summary Applications and Suspensions alsodetails:n The impact that the Human Rights Act

1998 has on this area of the lawn The statutory applications that exist

under UK wide statutes, with a useful outline of procedure in England and Wales provided. The Woolf reforms are taken account of in full.

n All recent legislative changes and areas of contention

n Specialities in procedure for particular areas of practice are highlighted

Contents: n Part 1: Introduction and history of the

summary applicationn Part 2: The summary application in

context n Part 3: Specific summary applications —

involving personal liberty; older summary applications; arbitration; modern summary applications

n Part 4: Summary suspensionn Part 5: Pleadings and proceduren Part 6: Appeals and reviewsn Part 7: Expenses, court fees and legal aidn Part 8: Comparative law: England and

Walesn Part 9: Styles

George Jamieson is a Sheriff.

2000978 0 414 01225 7Hardback£250.00

ARBITRATIONSULI

Professor Fraser P. Davidson

In the highly regarded SULI series,Arbitration provides a comprehensiveaccount of the modern law of arbitrationand related forms of dispute resolution. Itcovers all aspects of the domestic law ofarbitration, and thoroughly examines thesystem pertaining to internationalarbitration when launched and subsequentlyconducted in Scotland.

Throughout the book, Scots law isconsidered in the context of internationalarbitration in general. It examines theoperation of the UNCITRAL Model Law onInternational Commercial Arbitration asadopted in Scotland, with frequentreference to appropriate authority fromother jurisdictions.

Arbitration is the essential reference workon the law of arbitration in Scotland. It willbe of interest not only to practitioners, butalso to arbitrators charged with conductingproceedings in Scotland.

Contents: n What is arbitration? n The model lawn What matters may be referred to

arbitration? n Who may refer matters to arbitration? n Who can act as an arbiter? n The agreement to refer to arbitrationn Arbitration barred by lapse of timen Appointing arbitersn Rights, duties and liabilities of arbitersn Jurisdictionn Multiple partiesn The conduct of the referencen The stated case proceduren Private international law aspects of

arbitrationn Parallel arbitration and court

proceedingsn The awardn Challenging an awardn Enforcement of awardsn Judicial referencen Statutory regimes

Professor Fraser P. Davidson is a Professor ofLaw and Head of School at the University ofStirling.


2000978 0 414 01104 5Hardback£145.00

ARBITRATION (SCOTLAND)ACT 2010GREENS ANNOTATED ACTS

Professor Fraser P. Davidson, HewDundas, David Bartos

W. Green has brought together leadingfigures from both academia and domesticand international practice to write this book,which features a comprehensivecommentary on the Arbitration (Scotland)Act 2010.

This measure effects revolutionary change inthe Scots law of arbitration, marking itstransformation from a system based mainlyon the obscure and outmoded common lawto a system which is almost entirelystatutory.

The Act is truly radical, reflecting what isbest and boldest in modern arbitrationpractice, and transforming Scotland intoperhaps the most user-friendly arbitralforum in the world. It is expected the Actwill breathe new life into domesticarbitration and create significant interest inScotland as a forum for internationalarbitration.

The book should be read by everyoneinvolved in the law or practice of arbitrationin Scotland, and should also be of interest tothose involved in international arbitration.


Hew Dundas is an International Arbitratorand Mediator and Past President of theCiArb (2007).

David Bartos is an Advocate and Arbitrator.

2010978 0 414 01772 6Paperback£70.00

10CIVIL PRACTICE | COMMERCIAL


PLEADING ININTERNATIONALARBITRATION: A COMPLETEPRACTITIONER’S GUIDESteven Walker, Iain Clark and JamesHope

The aim of this title is to providepractitioners with a narrative guide whichmirrors the various procedural stages of anarbitration process.Arbitration has seen a massive increase ininterest in Scotland as a result of thecommencement of the Arbitration (Scotland)Act 2010 in June. This new legislation hasmade Scotland a far more attractive locationto conduct arbitration and is hoped to resultin it becoming a centre for disputeresolution, attracting internationalarbitration cases as well as domesticdisputes. This text is primarily designed toguide Scottish Arbiters who are conductinginternational cases.

This book contains a CD of relevant styles foreach procedural stage, allowing the user todownload these forms and use them in theirown daily work.

Contents:n Foreword by The Hon Lord Dervaird,

Professor Iain Murray, QCn Acknowledgementsn About the authorsn Preface n Contentsn Table of authoritiesn The requestn The responsen Formation of the Arbitral Tribunal n The procedural hearingn Pleadings stagen Interim reliefn Exhibitsn Witness statementsn Expert reportsn The hearingn The award

Steven Walker is an Advocate and CourseDirector for the LLM in InternationalArbitration at the University of Edinburgh.Iain was part of the drafting team for the2010 Act.

Iain Clark is a Solicitor Advocate with Youngand Partners LLP and an InternationalArbitration Practitioner.

James Hope is a Solicitor Advocate inEngland and Wales and is also Head ofLitigation and Arbitration at the Stockholmbased company, Vinge.

2011978 0 414 01840 2Hardback with CDc.£80.00

BANKING LAW IN SCOTLANDGREENS PRACTICE L IBRARY

Nicholas Grier

This authoritative book provides an in-depthaccount of banking law and related procedures. Practical in focus, it sets outcurrent procedures relating to banking law,together with up-to-date discussion of majorareas of difficulty in the law relating tobanks and banking services.

Contents: n The United Kingdom banking systemn The regulation and supervision of banks

in the United Kingdomn The bank and its customern The banker — customer contactn The responsible bankn Types of accountn The transfer of moneyn Transfer of money by negotiable

instrumentn Security for loans and their

documentationn The bank’s remediesn Receivership and other remediesn The liability of solicitors to banks


2001978 0 414 01309 4Hardback£196.00

COMMERCIAL4th Edition

LAWBASICS

Nicholas Grier

Commercial LawBasics, 4th Edition providesstudents of commercial law and relateddisciplines with a clear and simple pre-examination guide to the subject. Anessential purchase, this book contains all thenecessary information required for thedevelopment of a basic understanding ofthe subject of commercial law as it operatesin Scotland.

n Sale and supply of goodsn Hire of goodsn Consumer creditn Caution and guaranteesn Negotiable instrumentsn Insurancen Agencyn Partnershipn Companiesn Rights in securityn Bankruptcyn Intellectual Property


2010978 0 414 01714 6Paperback£12.50

11COMMERCIAL

NEW TITLE


12

COMMERCIALAGREEMENTS IN SCOTLAND:LAW AND PRACTICEDavid Cabrelli

Commercial Agreements in Scotland: Lawand Practice is a thorough yet comprehensible introduction to the topic ofcommercial agreements and contracts. Thistitle examines the foundations of Scottishcommercial agreements and offers practicalinsights into drafting, revisal and negotiation.

This text is divided into two parts, the firstof which looks at the most common clausesin commercial contracts and the second partlooks at more specialised clauses. All aredealt with in detail with practical tips for thedrafter and advice on possible pitfalls.

Includes Valuable Styles CD-ROMYou will also receive a CD-ROM of the stylesmentioned in the book. At a click of abutton you can have the documents youneed ready for you on screen. Amend themas appropriate to use in your own workenvironment.

Coverage includes:n An introduction to the anatomy

of a commercial contractn Definitions and interpretations clausesn Price mechanismsn Warranties, indemnities and

disclosure lettersn Exclusion and limitation of liability

clauses in practicen Boiler plate clausesn Remediesn Standard terms and conditionsn Shares and acquisition of disposalsn Business acquisition and disposalsn Distribution, agency and franchise

agreementsn Private equity transactionsn Banking and security transactions

David Cabrelli is a lecturer at the Universityof Edinburgh and is a solicitor withexperience in private practice.

2006978 0 414 01658 3Hardback and CD-ROM£168.00 + £3.36 VAT = £171.36

COMMERCIAL LAW IN SCOTLAND2nd Edition

Professor Fraser P. Davidson and Laura Macgregor

Commercial Law in Scotland is a clear andup-to-date, user-friendly guide to thesubject of commercial law as it operates inScotland. This book is intended primarily forstudents on commercial law, mercantile lawor business law courses, and the detailednature of the text means that it is alsoinvaluable for postgraduate courses and forpractitioners. Covering the main subjectareas, Commercial Law in Scotland is aconcise and practical reference tool forstudents and practitioners alike.

Contents: n Introductionn Agencyn Sale and supply of goodsn Carriage of goodsn Creditn Bills of exchange and chequesn Rights in securityn Insurancen Bankruptcyn Partnershipn Resolution of commercial disputes


Laura Macgregor is a Senior Lecturer inCommercial Law at the University ofEdinburgh.

2008978 0 414 01610 1Paperback£37.00

BUSINESS LAW IN SCOTLAND2nd Edition

General Editor: Gillian Black

Business Law in Scotland is a new academictitle from W. Green, designed to make thisarea of the law accessible to non-lawstudents. This book is written by an expertmulti-author team, meaning you receivegreat depth of coverage on subject areaswith confidence the information you arereading is both valid and reliable.

Thorough coverage of all the key areasmean you can use this book in theknowledge there are no information ’gaps’;this book contains all information requiredto give you a general overview andintroductory understanding to the area ofbusiness law.

Contents:n Introduction to the nature and sources

of Scots lawn Structure of the Scottish legal systemn Business regulationn The law of contractn Sale and supply of goodsn Consumer protectionn E-Commercen Employment lawn Agencyn Delictn Propertyn Intellectual propertyn Trustsn Choice of business mediumn The law of partnershipn Company lawn Insurance lawn Insolvencyn Negotiable instrumentsn Rights in securityn Dispute resolutionn Introduction to legal writing and

problem solving

Josephine Biscare, Gillian Black, David Cabrelli, James Chalmers, Stuart Cross, Alan Delaney, W. C. H. Ervine,Alex Gibb, Greg Gordon, Fiona Grant,Angus McAllister, Catherine Ng,Frankie McCarthy, Andrew Wilson andHong-Lin Yu.

20119780 414 01827 3Paperbackc.£29.00

COMMERCIAL | COMPANY

NEW EDITION


COMPANY13

GREENS BUSINESS LAW BULLETIN6 issues a year

Editor: David Bennett

“The bulletin provides busy practitionerswith a highly readable account of topicaldevelopment across a range of subjectswhich fall within the increasingly proteanterm ‘business law’. The publishers andeditors are to be congratulated onproducing such a publication tailored toScottish readership.”Journal of the Law Society

Greens Business Law Bulletin brings you themost recent information in a concise anduser-friendly format.

The following columns are featuredregularly:n Editorialn Insolvencyn Taxationn Case comments

Highlights of Business Law Bulletin 2010included:n De facto Directors, Corporate Directors

and Lifting the Veiln Share Transfers in Private Companiesn Overseas Companies on the UKn EU takes control of VAT Refundsn CVAs, Unfair Prejudice and the Duties of

Administrators

David Bennett is a Partner with GillespieMacandrew WS Solicitors in Edinburgh.


COMPANY LAW3rd Edition


Nicholas Grier

The 3rd edition takes into account theextensive changes made by the CompaniesAct 2006.

This is an indispensable text for lawstudents, covering all the essential areas ofcompany law in a clear and logical format.In addition, by highlighting the areas aboutwhich practitioners need to advise clients,this title is valuable to legal practitionerslooking for a concise guide.

As this is an established text, students andlecturers have the benefit of complete confidence in the quality of the work.

Contents:n Corporate veiln Company incorporationn Securitiesn Capital maintenancen Dividends and accountsn Directors’ appointment, dismissal

and disqualificationn Directors’ powers, rights, duties,

liabilities and other obligationsn Company secretary and auditorn Minority protection and DTI

investigationsn Memorandum and articles of associationn Meetings and resolutionsn Insider dealingn Takeovers and mergersn Charges and receivershipn Administration and company voluntary

arrangementsn Winding up

Nicholas Grier is a Senior Lecturer in Law atNapier University University and Head of theCentre for Law.

2009978 0 414 01716 0Paperback£37.00

PRIVATE LIMITEDCOMPANIES: FORMATIONAND MANAGEMENT3rd Edition

Gordon H. Brough

The 3rd edition of this essential handbookprovides a practical and straightforwardguide to the formation and management ofprivate limited companies. Expert authorGordon Brough details procedures andforms required to incorporate a company,with a summary of the legal background tothese procedures.

The text contains up-to-date information onall essential legal and commercial requirements of ongoing management,from commencing business to makingchanges to company structures. This booktackles the formation of private limitedcompanies from a uniquely Scottishperspective and differences between Scotsand English law are detailed whereverappropriate.

As this has become an increasingly regulatedarea, this fully revised edition takes intoaccount extensive changes in the law since1997, including the Financial Services andMarkets Act 2000, the new Combined Codeof Practice for Directors, changes made bythe Companies Act 1989 and theimplementation of the 7th and 8thEuropean Directives. This title alsointroduces various changes to the legislativecode.

Topics covered include:n Reasons for Incorporationn Commencing Businessn Company Meetingsn Company Directors and Secretariesn Shares and Shareholdersn Changes to Company Structuresn Accounts and Auditors

Includes Valuable Styles CD-ROMThis book contains a CD-ROM of the stylesmentioned in the book. At a click of abutton you can access templates for severalstandard company documents. These areready for you to amend on screen to suityour company requirements.

Gordon Brough is a Corporate Lawyer withover 20 years experience and is a Partner inthe City Office of Maclay, Murray & Spens,Solicitors.

2005978 0 414 01598 2Hardback and CD-ROM£95.00 + £6.65 VAT = £101.65


AN INTRODUCTION TOCONSTRUCTION LAW INSCOTLANDGREENS PRACTICE L IBRARY

Graham Jackson

This new title provides lawyers and non-lawyers with the perfect introduction toconstruction law in Scotland.

Written in a highly practical style, the bookanalyses both the structure and content ofconstruction law in Scotland. As well asproviding a general overview of the laws ofcontract and delict, the book offersguidance in relation to standard formcontracts, as well as covering essential topicssuch as dispute resolution and insurance.

The book concludes with a useful glossary,making this the perfect reference manualfor both students and practitioners.

Contents: n Introductionn Contractsn Construction processn Common Lawn Contract for worksn Statuten Standard form contractsn Insurancen Dispute resolutionn Glossary

Graham Jackson is a Solicitor with ThorntonsLaw LLP.

2010978 0 414 01791 7Hardback£60.00

CONSTRUCTION ANDPROCUREMENT LAWGREENS PRACTICE L IBRARY

Mark Macaulay and Lynn Ramsey

Construction and Procurement Law is anauthoritative and practical analysis of thelaw relating to the construction industry inScotland.

This book addresses particularly Scottishareas of procurement. It contains expertpractical guidance on the selection ofconstruction procurement routes andstandard forms as well as reviewing theproposed changes to the publicprocurement rules.

Helpful diagramatic guides on procurementroutes are included to help readers find theinformation they need quickly. Constructionand Procurement Law considers current andproposed EU procedures regarding theaward of construction contracts andcontracts for the supply of professionalservices. Best value regimes of Scotland,England and Wales are also examined.

Contents: n The construction frameworkn Constructing team relationshipsn Constructing procurement methodsn Contract strategy and standard form

contractsn Public procurement methodsn Partneringn The UK public procurement rulesn The EC public procurement rulesn Appendix 1 — Conventional

procurement methodsn Appendix 2 — Procurement method

evaluation tablesn Appendix 3 — Categorisation of

standard form contracts for constructors

n Appendix 4 — Guide to the PFI procurement rules

n Appendix 5 — Example PFI riskallocation matrix

n Appendix 6 — Public procurement thresholds.

Mark Macaulay is Head of the Constructionand Engineering Department of MaclayMurray and Spens Solicitors in Glasgow.

Lynn Ramsey is a Lecturer in Law at theUniversity of Glasgow.

2002978 0 414 01348 3Hardback£154.00

CONSTRUCTION LAWGREENS CONCISE SCOTS LAW

James P. Connolly

Construction Law provides readers with anintroduction to the main legal issuesconcerning the most commonly usedconstruction contracts in Scotland.

Construction Law touches upon wide-ranging fields of law, not just the traditionallaw of obligations, and is remarkable for thecomplexity of legal issues that it generates.Written in a highly practical style, this bookis the first in modern times to explore thewealth of Scots law that has developed onkey concepts, whilst also having regard toEnglish texts.

The book provides a critical analysis of JCT80 and Scottish building contracts, presentedclause by clause and with detailed referenceto case law. It also examines the legislativechanges affecting construction contractsunder the Housing Grants, Construction andRegeneration Act 1996, and proposals forreform.

Contents: n What makes building or construction

contracts distinctiven Context of standard forms of contractn Particular difficultiesn Critical analysis of JCT 80n Privity of contract issuesn Delictual liability for defective buildingsn Architects and the professional teamn Recent changes

James P. Connolly is a Senior Lecturer atGlasgow Caledonian University.

1999978 0 414 01181 6Paperback£49.00

14CONSTRUCTION


A PRACTICAL GUIDE TO ADJUDICATION INCONSTRUCTION MATTERSRichard N. M. Anderson

“I thoroughly recommend this work.”Building Engineer — June 2000

A Practical Guide to Adjudication inConstruction Matters is a comprehensiveguide to the procedures on adjudication asintroduced by the Housing Grants,Construction and Regeneration Act 1996.The relevant statutory provisions aresupported by the Scheme for ConstructionContract Regulations, which came intooperation on May 1, 1998.

A Practical Guide to Adjudication inConstruction Matters provides a practical,step-by-step account of the variousadjudication procedures, leading the partiesthrough their rights and duties under theICE and JCT procedures and the statutoryschemes in England and Wales, and inScotland. This work offers authoritativeguidance as to the actions necessary to refer,answer or conduct an adjudication.Presented in a logical manner, this work isdivided into fourt parts covering:

n The construction contracts to which the requirements of the Act apply

n The provisions of the adjudication procedures and the schemes provided for by statute and regulation

n The mechanics of an adjudication n Final determination and enforcement

Richard N. M. Anderson is an Advocate atthe Scottish bar and a Barrister in England.He specialises in construction law and is anaccredited adjudicator.

2000978 0 414 01301 8Paperback£142.00

CONSUMER LAW IN SCOTLAND4th Edition

W. C. H. Ervine

Consumer Law in Scotland is the only bookto examine consumer law from a Scottishperspective. It provides a practical andcomprehensive guide to the law relating toconsumer protection in Scotland.

Consumer Law in Scotland discusses howpurchasers of goods and services for privateuse are protected by means of criminal law,civil law and self-regulation. Account istaken of the organisations that protect orassist consumers, the impact of the EC, andthe way in which consumers of servicesprovided by central and local governmentare protected. Also consumer credit isexplored, as are the ways in which the lawseeks to control rogue traders and thevarious means by which consumer disputescan be settled.

The 4th edition has been thoroughly revised to take into account the followingdevelopments:n The new National Consumer Council and

its territorial committee to be known as the Scottish Consumer Committee

n The implementation of the EU’s Unfair Commercial Practices Directive

n The changes to Consumer Credit created by the Consumer Credit Act 2006 and the connected lender liability case of Office of Fair Trading v Lloyds TSB Bank Plc [2007] UKHL 48

The new arrangements for disputeresolution created by the Consumers, EstateAgents and Redress Act 2007 as well as thechanges to small claim procedure.

Contents:n Servicesn Product safetyn Acquiring the goodsn Advertising and marketingn The European dimensionn Background and institutions of

consumer protectionn The public sectorn Buying on creditn Unfair contract termsn Control of trading practicesn Consumer redress and enforcement

W. C. H. Ervine was formerly a SeniorLecturer in Law at the University of Dundee,a former member of the Sheriff Court RulesCouncil and a member of the EuropeanConsumer Lawyers’ Group.

2008978 0 414 01700 9Paperback£33.00

WOOLMAN ON CONTRACT4th Edition


Gillian Black

Woolman on Contract is well established asthe standard introduction to contract law.Fully revised and updated to take account ofall legal changes since the last edition, thisnew fourth edition provides a clear andreadable account of the core principles ofcontract law. The author analyses andexplains contract law in Scotland, whilstreferring to the differences between Scotsand English law of contract where appropriate.

n Introductionn Formation of a contract — concluding

an agreementn Formation of contract — enforceable

agreementsn Promisen Capacity and formalitiesn Grounds of invalidityn Terms of contractn Construction of the contractn Statutory control of contract termsn Breach of contractn Title to suen The requirements of legalityn The extinction of obligations

Gillian Black is a lecturer in Commercial Lawat the University of Edinburgh.

2010978 0 414 01647 7Paperback£33.00

15CONSTRUCTION | CONSUMER | CONTRACT


CONTRACT16

CONTRACT3rd Edition

LAWBASICS

Alex Gibb

Contract LawBasics, 3rd Edition provides theperfect study and revision guide for studentspreparing for examination in both thespecialism that is contract law, and all thosecourses for which there exists an element ofcontract law.

This guide provides clear and concise analysisof the subject and contains all the necessaryinformation required for the developmentof a basic understanding of the subject aspertaining to Scotland.

Contents: n Formation of a contractn Promises, writing and personal barn Validity of contractsn The effect of error on contractsn Misrepresentationn Illegal agreementsn Exclusion clauses in contractsn Interpretation, title to sue and

assignationn Remedies for breach of contractn Termination of contractn Sample examination questions and

answers

Alex Gibb is a Lecturer at Aberdeen College.

2009978 0 414 01762 7£12.50

CONTRACT:CASES AND MATERIALS2nd Edition

John A. K. Huntley

This second edition not only fully updatesthe original work but has been expanded toinclude important developments in the fieldsof electronic communications, remedies,damages and good faith.

Contract: Cases and Materials encompassesa diverse and informative collection ofextracts from the leading cases, statutes,subordinate legislation and commentaries.Material is arranged systematically insections, with key points analysed anddiscussed by the authors.

Coverage includes:Part 1: Introductionsn Chapter I: General principlesn Chapter II: European contract law

Part 2: Contract Formationn Chapter III: Agreement as the basis of

contractual obligationsn Chapter IV: Protracted negotiationsn Chapter V: The need for communication

Part 3: Validityn Chapter VI: The exertion of pressure or

influencen Chapter VII: Misunderstandingsn Chapter VIII: Illegality

Part 4: The substance of the contractn Chapter IX: The terms of a contractn Chapter X: Importation of express,

written, standard terms of contractn Chapter XI: Exclusion and similar clauses

Part 5: Performance and its consequencesn Chapter XII: The termination of

contractual obligationsn Chapter XIII: Remedies for breach of

contract

John A. K. Huntley is a Professor of Law atGlasgow Caledonian University.

John Blackie is a Professor of Law at theUniversity of Strathclyde.

Craig Cathcart is a Senior Lecturer in Law atGlasgow Caledonian University.

2003978 0 414 01281 3Paperback£48.00

THE LAW OF CONTRACT IN SCOTLAND3rd Edition

SULI

Professor William W. McBryde

“The publication of this book is a significantachievement. One is aware of the wealth ofacademic and practical experience which hasbeen put into the book. It is also clear thatno stone has been left unturned. Its status asthe classic text on Scots contract law isassured, and it is undoubtedly the essentialpurchase for practitioners working in thisarea.”Laura Macgregor, JLSS—of the 2nd edition.

The most comprehensive and authoritativebook on the Scots law of contract has beenthoroughly updated to take into account alldevelopments since 2001. The author hasalso taken the opportunity to revisit earliermaterial to ensure that the book is assuccinct and accessible as possible. The textcombines clear principles with practicalguidance on how to draft clauses and is anindispensable reference tool for solicitorsand academics alike.

Contents include:n Promisesn Capacityn Delivery of Deedsn Formationn Offer and acceptancen Incorporation of termsn Constructionn Implied termsn Jus Quaesitum tertion Joint and several liabilityn Assignationn Invaliditiesn Fraudn Errorn Facility and circumvention and undue

influencen Extortion, lesion and good faithn Unfair termsn Public policyn Breachn Frustrationn Damagesn Specific implement and interdictn Paymentn Variation and extinctionn Death and insolvencyn Jurisdiction and conflict of laws

Professor William W. McBryde was formely aProfessor of Commercial Law at theUniversity of Edinburgh.


2007978 0 414 01606 4 Hardback £198.00


CONVEYANCING AND PROPERTY17

COMMERCIAL LEASES INSCOTLAND: APRACTITIONER’S GUIDEKenneth S. Gerber

This new title deals with all the main aspectsof Scottish commercial lease law and importantly will include a comparison withEnglish lease law on a topic by topic basis.Aimed at Scottish solicitors, surveyors andproperty managers.

Includes Valuable Styles CD-ROMCD containing draft styles

Contents: 1. Leases and Licences2. Common Law, Implied Terms, and

Statutory Provisions3. Missives of Lease, back letters and

schedules of condition4. Stamp Duty Land Tax and VAT5. Premises, rights and reservations in

single and multi-occupancy leases6. Use clause and keep-open clause7. Rent and other sums payable by tenants 8. Rent Review9. Insurance and reinstatement of insured

damage10. Repairs 11. Dilapidations during and at termination

of lease12. Assignation, sub-letting and other

dealings in tenant’s interest13. Alterations and Tenant’s Works14. Irritancy (forfeiture) and irritancy

protection agreements15. Other termination of leases16. Tacit relocation17. Guarantees18. Rent Deposits19. Extensions and variation of leases20. Enforcement21. Service Charges in Multi-occupancy

Leases22. Short Form Missive of Lease23. Green Leases

Kenneth S. Gerber is a partner inCommercial Real Estate with AndersonStrathern Solicitors.

2009978 0 414 01728 3Hardback£81.00 + £1.62 VAT = £82.62

CONVEYANCING4th Edition

Professor George L. Gretton and Professor Kenneth G. C. Reid

“No solicitor’s firm should be without at leastone copy of this book. It is to be muchrecommended”. Robert Rennie (of the previous edition)

This new edition of Gretton and Reid’sConveyancing has been fully updated andrevised to take account of the many changesin law and practice since the last edition in2004.

Produced with the realities of practice inmind, this well-established guide to the lawis at once detailed and extensive in itsmaterial while remaining thoroughly accessible.

Contents:n Missives: Contract, breach, contentn Examination of titlen Matrimonial homes and homes in

co-ownershipn Dispositionsn Descriptionsn Real burdens and servitudesn Execution of deedsn Property registersn Judicial rectification of documentsn Mortgagesn Heritable securitiesn Assignationsn Feudal conveyancingn Searches, reports and letters of

obligationn Deeds of uninfeft partiesn Trusts and executriesn Destinationsn Partnership and companies

Professor George L. Gretton is LordPresident Reid Professor of Law at theUniversity of Edinburgh

Professor Kenneth G. C. Reid, is a Professorof Scots Law at the University of Edinburgh

2011978 0 414 01761 0Hardbackc.£81.00

CORPOREAL MOVEABLESIN SCOTS LAW2nd Edition

SULI

D. L. Carey Miller with David Irvine

“To an absorbing subject Dr Carey Miller hasbrought great learning lightly worn.”Norman Palmer, Scottish Law Gazette(of the previous edition)

Fully revised and updated, this is thedefinitive book on corporeal moveables inScots law. David Carey Miller looks at thesubject in its modern context covering theprinciples of the law of property onacquisition, protection, security andreservations of title.

Contents:n Nature and scope of rights in moveablesn Occupationn Accessionn Specificationn Acquisition of fruitsn Prescriptionn Derivative acquisition at common lawn Derivative acquisition under the Sale of

Goods Act 1979n Protection of right of ownershipn Securityn Reservation of title

D. L. Carey Miller is a Professor of Scots Lawat the University of Aberdeen.


2005978 0 414 01400 8Hardback£145.00

NEW EDITION


GREENS PROPERTY LAW BULLETIN6 issues a year

Editors: George B. Clark and Linda H. Urquhart

“A practitioner can skim through thebulletin fairly rapidly and pick out all thepoints which interest him or her. If there is aproblem with elucidation, the editors willapproach a suitable person for a contribution which will deal with it in aconcise and practical manner.

Greens Property Law Bulletin fills animportant gap in the market and the editorsare to be congratulated. Any solicitorengaged in property law should not bewithout this publication.”Journal of the Law Society

Recent coverage includes:n Rectification of deedsn Can servitudes be granted in favour

of tenants under long leases?A conversation

n What does the new Arbitration Actmean for us?

n Advice on HMO legislation n Compulsory purchase, planning and

material considerationsn Supersession clauses — A reminder

Also included is a Cases in Brief column inevery issue and a bi-annual English PropertyLaw Update.


HALLIDAY’S CONVEYANCING LAW ANDPRACTICE IN SCOTLAND2nd Edition

SULI

Editor: Iain J. S. Talman

Halliday’s Conveyancing volumes have longbeen established as the authority on thisimportant subject. The original four volumeswere published separately. Iain Talman hasnow integrated all matters, updating alllegislative change and virtually every area oflegal powers and capacity. This editioncovers a greater number of subjects, inparticular European economic interestgroupings.

Contents: Volume I: n Documents of debtn Various forms of rentingn Creating security over corporeal

moveable propertyn Changes in company lawn Consultancy agreementsn Duty of care lettersn Changes in taxationn Changes in law relating to pension

schemesn Contracts of employment (share schemes)n Agreements for the sale and acquisition

of businessesn Distribution, sole purchase and

franchising agreementsn Intellectual property licencesn Expanded material on trusts (including

styles)n Expanded commentary on larger range

of common clauses (e.g. interest and indemnity clauses)

Volume II:n Creation of feu rights and all sale

transactions involving heritable propertyn Registration of title and recording of

deedsn Leases (agricultural, residential,

commercial and industrial)n Creation, assignation and discharge of

standard securities and floating chargesn Specimen styles

Iain J. S. Talman is a Partner with BiggartBaillie.


1997 978 0 414 01257 8Hardback 2 Volumes £275.00

1996 978 0 414 01085 7Volume 1 £145.00

1997 978 0 414 01086 4Volume 2 £145.00

LAND TENURE IN SCOTLANDGREENS PRACTICE L IBRARY

Professor Robert Rennie

This book not only considers the recentreforms in land tenure but sets out in detailthe new system of land tenure in Scotland as it has been since November 2004. Therelease of this title coincided with the implementation date and was the first indepth and authoritative exploration of landtenure in Scotland. It is an essential purchasefor anyone who wishes to approach the newregime with the confidence of a consideredexpert opinion within easy access.

Contents: n Historical introductionn Abolition of the feudal structuren Feudal burdens and rights of

re-allotmentn Abolition of feu dutyn Compensationn Personal real burdens preservedn Feudal real burdens preserved as

personal burdensn Real burdens after abolition constitution

and contentn Community burdensn Conservation burdensn Personal real burdensn Third party rightsn Pre-emptions, redemptions and

reversions in other forms of tenuren Servitudesn Tenemental properties n Land usen Human rights

Professor Robert Rennie is a Partner withHarper MacLeod in Glasgow and theProfessor of Conveyancing at the Universityof Glasgow.

2004978 0 414 01548 7Hardback£145.00

18CONVEYANCING AND PROPERTY


LAND TENURE AND TENEMENTS LEGISLATION3rd Edition

GREENS ESSENTIAL LEGISLATION


“Robert Rennie should be congratulated bythe profession for writing so clearly on sucha comprehensive subject.” Journal of the Law Society of Scotland — onprevious edition

Now in its third edition, Land Tenure andTenements Legislation has become a widelyused, essential text for all those involved inproperty law in Scotland.

In the four years since the previous editionthere has been a raft of new case law andalso time for expert author Professor RobertRennie to consider the legislation in actionand make qualified annotations.

The wealth of knowledge held by ProfessorRennie helps to lead the practitionerthrough this shifting area of the law andprovides them with considered guidanceand a superior understanding of land tenureand tenements legislation.

The land tenure and tenements legislationhas been completely groundbreaking and itis essential that professionals who work inthis area have a full understanding of it.

This is the perfect text for legal practitionersand all others working with property law inScotland, not only as a detailed explanationof exactly where the law is at the moment,but also where future changes may occur.

Contents:n Abolition of Feudal Tenure etc.

(Scotland) Act 2000n Leasehold Casualties (Scotland) Act 2001n Title Conditions (Scotland) Act 2003n Tenements (Scotland) Act 2004

Robert Rennie is a partner at HarperMacLeod in Glasgow and the Professor ofConveyancing at the University of Glasgow.

2009978 0 414 01787 0Paperback£59.00

PROPERTYLAWBASICS

David Brand

This new title is a welcome addition to theLawBasics series and makes an ideal revisionand study guide for students.

Property LawBasics provides a clear andconcise analysis of property law and containsall the necessary information required for abasic understanding of this legal area.

Essential coverage is provided on:n The key principlesn Key casesn Important Statutes

Contents: General Concepts

Moveable Property:Corporeal Moveable PropertyIncorporeal Moveable Property Rights in Security over Moveable Property

Landownership:Historical backgroundRegistrationPrescriptionExtent of landownershipRestrictions on landownership

LeasesSecurities over Heritable PropertyA Typical Conveyancing Transaction

David Brand was formerly a Senior Lecturerand Director of Studies of the Diploma inLegal Practice at the University of Dundee

2009978 0 414 01764 1Paperback£12.50

THE PROMISED LAND:PROPERTY LAW REFORMGeneral Editor:Professor Robert Rennie

“For Scottish Solicitors engaged in thepractice of property law and conveyancingthe world changed at the stroke of midnighton Martinmas (28th Nov) 2004.”Taken from the foreword

Now that time has passed since the mostdramatic property law changes in decades,those in practice and academia have had anopportunity to analyse the effects of themajor legislative changes.

Professor Robert Rennie has broughttogether a team of the most highlyrespected experts on property andconveyancing law in Scotland for this newbook which individually studies the keyaspects of the changes

Contents:n Interest to Enforce Real Burdens n Real Burdens and Personal Barn New Enforcers for Old Burdens: Section

52 and 53 Revisited n Servitudes: The New Scottish Regimen Access Rightsn The Tenements (Scotland) Act 2004n The Lands Tribunal: the New Jurisdiction n Land Registration Reform n Automated Registration of Title to Land

(“ARTL”) n Calibrating Commitment: Financial

Provisions on Termination of Intimate Relationships

Professor Robert Rennie is a Partner withHarper MacLeod in Glasgow and theProfessor of Conveyancing at the Universityof Glasgow.

2008978 0 414 01698 9Hardback£155.00




RENNIE’S OPINIONS ONPROFESSIONAL NEGLIGENCEIN CONVEYANCINGGREENS PRACTICE L IBRARY


This new book assists lawyers to negotiatethe potential pitfalls that could lead toprofessional negligence claims against them.

The work contains Memorials and Opinionsin the style of the renowned Halliday'sConveyancing Opinions and is an idealcompanion to that work.

Rennie’s Opinions on ProfessionalNegligence in Conveyancing can be used forrisk management purposes.

Conveyancers Methodology:n Identify causesn Analyse risksn Provide solutionsn Implement preventative measuresn Avoid embarrassing and costly claims

and complaints

Litigators Methodology:n Identify causesn Analyse opportunities/risks — quicklyn Provide persuasive argument

Mediators Methodology:n Consistencyn Guidance

Contents: n Bankruptcy and liquidationn Conflict of interestn Contracts for the sale of heritable

property — marketable title — parties’ obligations

n Description of subjectsn Execution of deedsn Heritable securitiesn Leasesn Letters of obligationn Mineralsn Partnershipsn Pre-emption and redemption clausesn Real burdens and conditionsn Servitudesn Succession — destinations and willsn Surveys and finance

Professor Robert Rennie is a Partner withHarper MacLeod in Glasgow and a Professorof Conveyancing at the University ofGlasgow.

2004978 0 414 01545 6Hardback£182.00

SCOTTISH CONVEYANCINGLEGISLATIONREGULAR UPDATES


Scottish Conveyancing Legislation is acomprehensive looseleaf bringing togetherall statutes and statutory instruments whichdeal with or impinge upon Scottishconveyancing practice. It is updated as legislation and statutory instruments comeinto force.

Fully annotated, it takes into account thesignificant changes in the law relating toconveyancing in recent years, including theAbolition of Feudal Tenure etc. (Scotland)Act 2000, Leasehold Casualties (Scotland) Act2001, Mortgage Rights (Scotland) Act 2001,Land Reform (Scotland) Act 2003, TitleConditions (Scotland) Act 2003, Housing(Scotland) Act 2006 and the relevant provisions of the Bankruptcy and Diligenceetc. (Scotland) Act 2007.

The title also includes the Land Registration(Scotland) Act 1979 which is of particularinterest to practitioners in areas which areabout to become operational for land registration purposes.

Recent additions include:n Full statutory updatesn The Title Conditions (Scotland) Act 2003

(Development Management Scheme)Order 2009

n Updated annotations to the TitleConditions (Scotland) Act 2003

n Updated annotations to the LandReform (Scotland) Act 2003

Contents: n Division A: Conveyancing Statutesn Division B: Conveyancing Statutory

Instrumentsn Division C: Registration Statutesn Division D: Registration Statutory

Instruments

Professor Robert Rennie is a Partner withHarper MacLeod in Glasgow and a Professorof Conveyancing at the University ofGlasgow.

978 0 414 01264 61 Volume Looseleaf£597.00Updating releases charged for on publication

CONVEYANCING IN THEELECTRONIC AGEProfessor Robert Rennie & Professor Stewart Brymer

Electronic technology has transformedconveyancing in Scotland, and never moreso than with the introduction of automatedregistration of title to land (“ARTL”).

In response to the important developmentsin this area Robert Rennie and StewartBrymer have written Conveyancing in theElectronic Age, which outlines the changes,explains how they will impact and guidessolicitors through the new systems and legislation.

The text covers the law relating to theexecution of both physical and electronicdeeds as now governed by the amendedlegislation:

n Land Registration (Scotland) Act 1979n Requirements of Writing (Scotland) Act

1995n Electronic Communications Act 2000 s.8n ARTL (Electronic Communications) Order

2006n Land Registration (Scotland) Rules 2006

r.10n Keeper’s Directions Nos 1 and 2

Contents: n Execution of Deedsn Personal Barn The Status of Faxes and E-mailsn The ARTL Projectn ARTL — The Fundamental Legal Issuesn The Statutory Frameworkn Digital Signatures and Mandatesn Changes to Conveyancing Practicen The Future

Professor Robert Rennie is a partner atHarper Macleod and a Professor ofConveyancing at the University of Glasgow.

Professor Stewart Brymer practises on hisown account as Stewart Brymer WS and isan Honorary Professor in Law at theUniversity of Dundee.

2008978 0 414 01721 4Hardback£97.00 + £1.94 VAT = £98.94


SCOTTISH LAND LAW3rd EditionSULI

William M. Gordonand Scott Wortley

The third edition of Scottish Land Law is athoroughly updated and comprehensiveaccount of Scots Law relating to rights inand over land. Now published in twovolumes, this title has quickly established itsstatus as the definitive work on Land Law,which no legal practice can afford to bewithout.

Volume 1:Part I — Introductionn Heritable and Immoveable Propertyn Abolition of Feudal TenurePart II — Land and Rights Associated withLandn Land and Boundariesn Fixtures and other Accessionsn Horizontal Subdivision of Land, Minerals

and Supportn Water and Water Rightsn Separate Tenementsn Fishingsn Rights to Game — Wildlife ConservationPart III — Rights over Landn Capacity to Hold and Deal with Landn Constitution of Rights over Landn Ownershipn Possessionn Co-ownership, Common Interest and the

Law of the Tenementn Trustsn Liferentsn Leases

Volume 2:Part IV — Restrictions on the Use of Landn Security Rightsn Title Conditions and other Burdensn Servitudes and Public Rights of Wayn Variation and Discharge of Land

Obligationsn Nuisance and other DelictsPart V — Social Control of Land Usen Social Control of Land Usen Public Rightsn Compulsory Acquisition

William Gordon is former Professor of CivilLaw at the University of Glasgow.

Scott Wortley is a lecturer at the Universityof Edinburgh.


2009 978 0 414 01554 8Volume 1£165.00

2011 978 0 414 01783 2 Volume 2 c.£140.00

2 Volume set£275.00

THE ENFORCEMENT OFHERITABLE SECURITIESMark Higgins

When Mark Higgins was working on a newedition of his popular title ScottishRepossessions, he realised there had beensuch substantial development in this area ofthe law, particularly as the law now treatscommercial and residential cases differently,that it was necessary to extensively expandupon and develop the original content. Theresult is this new text; The Enforcement ofHeritable Securities.

The newly passed Home Owner and DebtorProtection (Scotland) Act 2010 will radicallyalter the law relating to propertyrepossessions in Scotland, just as theMortgage Rights (Scotland) Act 2001 didpreviously.

The Enforcement of Heritable Securitiesanalyses the application of the MortgageRights (Scotland) Act 2001 in practice andconsiders in detail the various cases thathave been decided since the act came intoforce. This analysis sheds light on where thelaw is now and how it has developed since2001.

With the number of repossession casessteadily rising, this book will be an essentialpurchase for all solicitors and relatedprofessionals who are advising home ownersand lenders.

Mark Higgins is a Partner with IrwinMitchell.

2010978 0 414 01781 8Hardback£75.00

SCOTTISH SURVEYOR’S FACTBOOKRegular Updates

Executive Editor: Edith Bowman

Greens Scottish Surveyor’s Factbook fills agap that exists in materials currentlyavailable to the Scottish property profession.The publication comes as a packagecomprising an easy to use looseleaf manual,accompanied by a CD-ROM version, givingquick and easy access to authoritative,practical information on every major area ofsurveying in Scotland.

Written by an expert team of contributors,this is the definitive guide for Scottishproperty professionals. A panel of expertshas advised on the development of theFactbook, including Eileen Masterman,former Director of the RICS in Scotland; TimBunker, past Chairman of the ISVA inScotland and Bruce Fairburn, Chairman ofthe ASI in Scotland.

Updated regularly to incorporate the latestchanges in legislation and practice, theScottish Surveyor’s Factbook is the idealsource of reference and guidance.

Contents: n Building surveyingn Planning and developmentn Valuationn Rating and council taxn Landlord and tenantn Dilapidationsn Estate agencyn Professional practicen Tax and accountingn Property managementn Insurancen Quantity surveyingn Facts and figures

Edith Bowman FRICS, FHEA was formerly aLecturer in Law and Estate Management atthe School of the Built Environment, Heriot-Watt University, Edinburgh.

978 0 414 01312 41 Volume Looseleaf and CD-ROM: £300.00 + £30.00 VAT = £330.00Updating releases charged for on publication


NEW EDITION


CONVEYANCING AND PROPERTY | CRIMINAL22

SERVITUDESSULI

Sheriff Douglas J. Cusine and Professor Roderick Paisley

“... an altogether outstanding treatment ofthe law of servitudes and rights of way …no stone is left unturned.”Journal of the Law Society of Scotland

This important text, in the finest tradition ofthe SULI series, has rapidly become thestandard work on the subject of servitudes.Divided into three sections, Part I coversservitudes, whilst Part II covers public rightsof way and Part III covers other rights.

Contents: Part I: Servitudesn Essentials of servitude rightsn Types of servituden Capacity and title to deal with servitudesn Structure of deeds of servitudesn Deeds of servituden Implication from provisions of a deedn Creation of positive servitudes by grant or

reservation implied from circumstancesn Implied grant: negative servitudesn Constitution of servitudes by prescriptionn Less frequently encountered methods of

constitutionn Rights and obligations implied by law in

relation to servitudesn Servitude conditions: theoretical basicsn Servitude conditions: rules of

constitutionn Construction of servitude rightsn Extinction of servitudes

Part II: Rights of Wayn Basis of public rights of way and

comparison with other rightsn Constitution by prescription: the criterian Obstructions and interruptionn Remediesn Extinction of public rights of way

Part III: Other Rightsn Rights akin to other rights of wayn Statutory rightsn Thorough appendices include: statutory

provisions, deeds

Sheriff Douglas J. Cusine is a Sheriff atAberdeen.

Roderick Paisley is Professor of CommercialProperty Law at the University of Aberdeen.


1998978 0 414 01088 8Hardback£145.00

UNREPORTED PROPERTY CASESGREENS PRACTICE L IBRARY

Professor Roderick Paisley andSheriff Douglas J. Cusine

Unreported Property Cases is a comprehensive, practical collection ofunreported property cases from sheriffcourts around Scotland. These are accompanied by authoritative commentaryand suggested styles to help practitionersovercome problems that are highlighted inthe cases.

Every case is cross-referenced to otherreported cases and leading textbooks,providing a ready reference tool and savingvaluable research time by guiding you fromproblem to solution quickly and efficiently.

Contents: n Agricultural leasesn Boundariesn Boundary structuresn Encroachmentn Burial grounds, death and gravesn Common interestn Leasesn Leasehold rightsn Missivesn Moveable propertyn Public sector housingn Real conditionsn Servitudesn Standard securitiesn Statutory rightsn Trusts and executors


Sheriff Douglas J. Cusine is a Sheriff atAberdeen.

2000978 0 414 01338 4Hardback£168.00

CASEBOOK ON SCOTTISH CRIMINAL LAW4th Edition

Professor Christopher H. W. Gane,Sheriff C. N. Stoddart and James Chalmers

This is an essential book for the busycriminal lawyer and for students of criminallaw. Concise, practical appreciation of howthe law works is combined with analysis ofthe reasoning behind decisions. Casebookon Scottish Criminal Law brings together allthe important cases in one volume.

Contents:Part I: General principles of criminal responsibilityn General characteristics and sources of

Scottish criminal lawn Actus reus and Mens Rea n Strict liability, vicarious liability and

corporate liabilityn Causationn Art and partn Inchoate offencesn Defences

Part II: Offences against the personn Non-fatal offences against the person n Sexual offencesn Homicide and related matters

Part III: Offences against property interestsn Theft, embezzlement and related

offencesn Robbery and extortionn Fraud, forgery and utteringn Resetn Damaging and destroying property

Part IV: Offences against public interestsn Offences against public order and

decencyn Offences against the course of justicen Offences against the state

Professor Christopher H. W. Gane isProfessor of Scots Law at the University ofAberdeen.

C. N. Stoddart was formerly a Sheriff atEdinburgh.

James Chalmers is a Senior Lecturer andDirector of Postgraduates Studies for theSchool of Law at the University ofEdinburgh.

2009978 0 414 01693 4Paperback£42.00


CRIMINAL23

CONFISCATION AND CIVILRECOVERY — A GUIDE TOTHE PROCEEDS OF CRIMEACT 2002Heather-Mairi R. Carmichael

This is the first dedicated Scottish book todeal with the confiscation and civil recoveryregimes under the Proceeds of Crime Act2002. The book explains the provisions ofthe 2002 Act and provides comprehensiveanalysis of the relevant court procedurespertaining to confiscation, civil recovery andcash forfeiture.

Confiscation and Civil Recovery is anessential reference guide for solicitors andadvocates, as well as accountancy/insolvencypractitioners involved either as administrators or trustees for civil recovery,or as forensic accountant expert witnesses in“proceeds of crime” cases.

Contents: Part 1 — Generaln History and contextn Investigatory powers

Part 2 — Criminal confiscation ordersn Confiscation ordersn Interim and protective measuresn Making the confiscation order n Appeals and further applicationsn Satisfaction and enforcement of the

order

Part 3 — Civil Recovery and Forfeiture ofCashn Recovery Ordersn Interim and protective measuresn Special situationsn Forfeiture of Cash

Heather-Mairi R. Carmichael is an Advocate.

2011978 0 414 01737 5Hardbackc.£95.00

CORPORATE MANSLAUGHTERAND CORPORATE HOMICIDEACT 2007GREENS ANNOTATED ACTS

Peter Gray QC and Rona Jamieson

An annotated copy of the CorporateManslaughter and Corporate Homicide Act,the authors have prepared this guide toexplain the provisions of the Act in detailand contextually place them by providingexplanatory background information.

As this Act creates a new offence ofCorporate Homicide in Scotland this will bean indispensible resource for thosepractising in this area.

Peter Gray QC is an Advocate.

Rona Jamieson is a Partner with Paull &Williamson.

2008978 0 414 01696 5Paperback£56.00

CRIMINAL LAW4th Edition


Timothy H. Jones and Michael G. A. Christie

The best selling textbook on Scots criminallaw has now been fully revised and offersup-to-date coverage of the criminal law ofScotland in a compact and accessible formmaking it ideal for students attendingcriminal law classes at Scottish universitiesand colleges. Criminal Law 4th Edition willalso be of great interest to those familiarwith Scots criminal law, who wish a concisemodern reader on the subject.

Contents:n Nature and sources of Scots criminal lawn Actus reus and mens rean Voluntary acts and automatismn Causationn Attemptn Complicity and conspiracyn Defencesn Crimes against the personn Crimes of dishonestyn Crimes against propertyn Crimes against public order and moralityn Statutory offences

Timothy H. Jones is a Professor of Law at theUniversity of Swansea.

Michael G. A. Christie was formerly aLecturer in Law at the University ofAberdeen.

2008978 0 414 01683 5Paperback£36.00

NEW TITLE


CRIMINAL24

CRIMINAL4th Edition

LAWBASICS

Clare Connelly

Criminal LawBasics, 4th Edition providesstudents with an easy to use study andrevision guide which covers the mostimportant elements of criminal law. WithLawBasics, there is no longer the need torely on a combination of scribbles andphotocopies to make sense of the coursework.

This text gives a concise statement of thecommon law aspects of the criminal law ofScotland, and covers all the essential areasfor a basic understanding of substantivecriminal law. It also includes changes in therequirements of the defences of diminishedresponsibility and provocation.

Criminal LawBasics is presented in a clear,concise and approachable format and willbe a helpful learning aid for all lawstudents.

Contents: n Introductionn Criminal responsiblityn Crimes against the personn Crimes of dishonesty and against

propertyn Crimes relating to public ordern Defences

Clare Connelly is a Senior Lecturer in Law atthe University of Glasgow.

2010978 0 414 01828 0Paperback£12.50

THE CRIMINAL LAW OFSCOTLAND AND SUPPLEMENT3rd Edition

SULI

Sir Gerald H. Gordon QCEditor: Michael G. A. Christie

This extensive work is now published in twovolumes. Drawing together the relevantstatutes and case law materials, The CriminalLaw of Scotland is long established as theleading reference work.

Volume I: General Theoryn The concept of responsbilityn The criminal actn The problem of causationn Art and partn Inchoate crimesn The criminal mindn Mens rea in statutory offencesn Errorn Insanityn Diminished reponsibilityn Intoxicationn Necessity, coercion and superior orders

Volume II: Specific Crimesn Offences to damage to propertyn Non-sexual offences against the personn Injury to animalsn Sexual offencesn Offences against the staten Offences against public order and welfaren Offences against the course of justicen Offences of dishonesty

1ST SUPPLEMENTThis supplement updates Volumes I and II ofGordon’s Criminal Law by Michael Christie. Itincludes comments on numerous recentdevelopments in cases and legislation,including the following statutes:n Criminal Justice (Scotland) Act 2003n Mental Health (Care and Treatment)

(Scotland) Act 2003 n Protection of Children (Scotland) Act 2003

2ND SUPPLEMENT (NEW FOR 2010)The New Law of Sexual Offences in ScotlandThis supplement, by James Chalmers andFiona Leverick, updates Volume 2 ofGordon’s Criminal Law by Michael Christie.The Sexual Offences (Scotland) Act 2009 hascreated a statutory framework for sexualoffences in Scots law.

Pending publication of the 4th edition ofGordon’s Criminal Law, this supplementarypublication will provide up to date coverageof this increasingly important practice area.

Sir Gerald H. Gordon is a QC.

Michael G. A. Christie was formerly aLecturer in Law at the University ofAberdeen.


Fiona Leverick is a Senior Lecturer in Law atthe University of Glasgow.


2000 978 0 414 01654 5Volume 1 and Supplement 1 £145.00

2001 978 0 414 01655 2Volume 2 and Supplement 1 £145.00

2005 978 0 414 01574 6Supplement 1 £68.00

Volume 1, 2 and Supplement 1978 0 414 01572 2 £275.00

2010 The New Law of Sexual Offences inScotland—Supplement 1 to Volume 29780 414 04127 1 £55.00


CRIMINAL25

CRIMINAL PROCEDURE(SCOTLAND) ACT 199510th Edition

GREENS ANNOTATED ACTSRobert S. Shiels, Iain Bradley,Peter W. Ferguson QC andDr Alastair N. Brown

This title provides a full copy of the Act withauthoritative section-by-section commentary.The reform of summary justice has resultedin widespread legislative change, makingthis new edition an essential purchase for allcriminal practitioners. Important recentdevelopments include:

Criminal Procedure (Scotland) Act 1995amended by:n Criminal Justice and Licensing (Scotland)

Act 2010n Criminal Procedure (Legal Assistance,

Detention and Appeals) (Scotland) Act2010

n Sexual Offences (Scotland) Act 2009

Criminal Procedure Rules 1996 amended by:n Act of Adjournal (Criminal Procedure

Rules Amendment No. 4) (Miscellaneous)2010

n Act of Adjournal (Criminal ProcedureRules Amendment No. 3) (ScottishCriminal Cases Review Commission) 2010

The 1996 Rules include copies of all forms, asamended.

The Criminal Procedure (Scotland) Act 1995,10th edition is an excellent, convenient andportable companion for criminal lawyersand other professionals working in the areaof criminal law.

Robert S. Shiels and Iain Bradley areSolicitor Advocates and members of theProcurator Fiscal Service.

Act of Adjournal (Criminal Procedure Rules)1996 annotated by Peter W. Ferguson QC.

Appeal provisions annotated byDr Alastair N. Brown.

2011978 0 414 01841 9Paperbackc.£90.00

GREENS CRIMINAL LAW BULLETIN6 issues a year

Editor: Dr Alastair N. Brown

Greens Criminal Law Bulletin keeps you upto date with what’s happening in thecriminal courts. Topical issues across the fieldof substantive law and procedure arehighlighted. The following columns areregularly featured: comment, sentencingcases, misuse of drugs, current awarenessand case notes.

Coverage in 2010 included:n Comment

− Mere presence− New guidelines for sentencing in casesinvolving child pornography

− Bribery

n Misuse of Drugs− Intentionally harsh consequences − The so-called defence of entrapment− Mens rea in section 4(3)(b)

n Sentencing Cases− Theft art and part− Extended sentences− Breach of the peace− Crown appeal against sentence

n Case Notes− Sanction for counsel− Pre-trial publicity− Previous convictions of accused

Alastair N. Brown, Advocate, is a criminallaw and human rights law specialist andauthor of several titles for W. Green.


INCHOATE CRIMESGREENS PRACTICE L IBRARY

Dr Sarah Christie

There is no other book from a Scottishperspective devoted to all three inchoatecrimes.

Inchoate crimes — attempts, incitement andconspiracy — are a complex area of law,affected by both common law doctrine andstatutory regimes. The first Scottish bookdedicated to the subject, Inchoate Crimesprovides much needed guidance on thesubject. The author draws on developeddoctrines in other relevant jurisdictions tosuggest alternative approaches for Scots law. This title also combines substantive materialwith discussion on the nature and justification for the punishment of suchcrimes. Inchoate Crimes assists criminallawyers in everyday practice by explainingthe current state of Scots law surroundinginchoate crimes and suggesting alternativeapproaches where Scottish authority isdeficient or entirely absent.

Contents: n Law, crime and inchoate offencesn Incitement to commit crime. Criminal

conspiraciesn Intentional aspects of conspiracyn Requirements of the Actus Reus of

criminal attemptsn Mental element in attempted crimen The possibility of impossible attempts? n The justification of punishmentn The way forward

Dr Sarah Christie is a Senior Lecturer in Lawat The Robert Gordon University.

2001978 0 414 01390 2Hardback£132.00

NEW EDITION


26CRIMINAL

MONEY LAUNDERINGGREENS PRACTICE L IBRARY

Dr Alastair N. Brown

This new title provides a clear, comprehensive guide to a complex area oflaw which affects everyone who works inthe financial services industry and everyonewho opens a bank account. The law isanalysed and explained with reference tothe Money Laundering Directive and thework of the Financial Action Task Force, aswell as to the important guidance issued bythe Joint Money Laundering Steering Group.

The first part of the book explains anddiscusses the offences and investigativetools. The second part of the book reproduces the statutory material withannotations which are intended to deal withthe technical “nuts and bolts” of the law.

Contents:n Introduction; the nature of money

laundering; development of the lawn European and international law,

especially the Third Money LaunderingDirective

n Substantive money laundering offencesn The Money Laundering Regulations,

including consideration of the keyconcept of customer due diligence

n Reporting requirements n Investigatory powers n Tipping off offences n Terrorist financing

AppendicesProceeds of Crime Act 2002, Parts 7, 8 andSchedule 9. Money Laundering Regulations 2007(SI 2007/2157).Proceeds of Crime Act 2002 (Investigations:Code of Practice) (Scotland) Order 2003(SI 2003/94) and association Code.Money Laundering Directive 2005/60/EC.

Alastair N. Brown is a Solicitor Advocate anda Fellow of the Scottish Centre forInternational Law.

2009978 0 414 01445 9Hardback£86.00

BRIBERY ACT 2010GREENS ANNOTATED ACTS


Publishing in the Greens Annotated Actsseries, this book contains a full copy of theAct with expert annotations by respectedauthor Alastair Brown. This will be anessential text for solicitors dealing withbribery cases and also as guidance for localgovernment employees and all professionalswho wish to avoid falling foul of the newlegislation.

The Bribery Act 2010, while a WestminsterAct, actually relates to a devolved area andis the result of a legislative consent motionin the Scottish Parliament. A sophisticatedinfrastructure for dealing with financialimpropriety already existed in England,however, until this Act no similar structureexisted in Scotland. Actions of bribery inScotland can now potentially include anyform of hospitality, e.g. golf days or racedays thus increasing the need for awarenessof the risks of providing such entertainmentand the potential for an increase in briberyactions. The Act itself, while short isstructured very differently from other actsand many of the terms are opaque andrequire further explanation and definition.A key point for Scottish solicitors is that theAct contains a section which directly dealswith Scottish partnership (s.7).

Contents:n Annotated text accompanying Actn Appendix—Guidance Rules

Dr Alastair N. Brown is an Advocate and aFellow of the Scottish Centre forInternational Law.

2011978 0 414 01851 8Paperbackc.£55.00

OFFENSIVE WEAPONS2nd Edition

Robert S. Shiels

Robert Shiels’ important work embraces allrecent legislative changes to offensiveweapons legislation as it stands in theUnited Kingdom as a result of the CriminalLaw (Consolidation) (Scotland) Act 1995 andthe resulting Offensive Weapons Act 1996.

In this edition the author takes account ofcase law developments since 1992; the activities of parliament in repealing statutesand enacting new ones; and the differentpositions which now exist amongst the threejurisdictions of the UK.

The legal framework is supported byextensive reporting of cases on the subject,placing the importance firmly on the development of a practical and manageablecourt tool.

Offensive Weapons is an invaluable workfor all practising criminal lawyers and thepolice forces nationwide.

Contents: n Legislation — the principal Acts;

delegated legislationn Cases — general principles; types of

weapons; sentencing

Robert S. Shiels is a Solicitor Advocate andmember of the Procurator Fiscal Service.

1996978 0 414 01171 7Paperback£99.00

NEW TITLE


CRIMINAL DEFENCES ANDPLEAS IN BAR OF TRIALSULI

James Chalmers and Fiona Leverick

This important new title provides criminalpractitioners and others involved in Scotscriminal law with an in-depth narrativeguide to the law of criminal defences inScotland. The comprehensive coverageconsiders defences in the widest sense,examining those which form part ofsubstantive criminal law and proceduralmatters such as pleas in bar of trial, abuse ofprocess, delay, entrapment and prejudicialpublicity.

Drawing on theoretical and comparativematerial where appropriate, CriminalDefences and Pleas provides a moredetailed treatment of this area than anyother existing work and is unique in thequality and scope of its coverage. This titlecovers all recent changes and developmentsrelating to defences and offers direction onareas where the law is still developing andunclear.

Publishing in the highly respected GreensPractice Library series this text presents acomprehensive and up-to-date examinationof modern law. Several defences, such asentrapment, have only recently beenrecognised by the Scottish courts and others,for example delay, have been significantlyaffected by the Human Rights Act 1998,whilst major decisions such as Drury andGalbraith have reshaped various defences,including diminished responsibility. All theseareas are covered in this thorough andindispensable text, providing all theinformation you need in one place.

Contents include:n Classification and proceduren Self-defence, necessity, coercion and

superior ordersn Insanity, automatism and intoxicationn Provocation and diminished

responsibilityn Errors of fact and lawn Pleas in bar of trialn Entrapment


Fiona Leverick is a Senior Lecturer in Law atthe University of Glasgow.


2006978 0 414 01521 0Hardback £184.00

PRISONS, PRISONERS AND PAROLEDouglas Thomson

This informative new title is the first textdedicated to prisons law in Scotland since1995. As the law relating to prisons,prisoners and parole has undergone significant change in recent years followingthe implementation of the Human RightsAct 1998, this is an essential purchase forthose wishing to remain up-to-date on thisarea of the law.

All relevant legislation is included as the textcovers criminal law in respect ofimprisonment, both in respect of remands incustody and sentencing. The text includesanalysis of recent case law from Scotland,England and the European Court of HumanRights whilst also examining the structuresof prison as well as processes that take placewithin the prison system itself.

A comprehensive account of the lawsgoverning prisons is provided, includingadmissions, disciplinary offences, parole andlife sentences.

Contents:n The Development of Imprisonment in

Scotlandn Admission into Prisonn Basic Structures and Personnel of the

Scottish Prison Servicen Daily Life in Prisonn Testing For Drugs and Alcohol, Searching

and Disciplinary Offencesn Forms of Prison Release-Day Release,

Compassionate Release Etcn Parole and Non-Parole Licencen Life Prisoners and Punishment Partsn The Life Prisoner Tribunal Systemn Recall and Re-releasen Conclusions and looking to the future

Douglas Thomson is a Solicitor Advocate.

2007978 0 414 01692 7Paperback£66.00

SEXUAL OFFENCES(SCOTLAND) ACT 2009GREENS ANNOTATED ACTS


The Sexual Offences (Scotland) Act 2009completely recasts the substantive law ofsexual offences in Scotland and abolishes theformer offences. This full-scale overhaul ofthe law means that you need to keepentirely up-to-date with these changes andbe sure that you are working withinformation which is current and correct.

Publishing in the Greens Annotated Actsseries, the Sexual Offences (Scotland) Act2009 completely revises the law relating tosexual offences in Scotland, beginning witha detailed introduction to, and overview of,the new changes.

The full text of the Act is included anddetailed section-by-section commentary,under reference to the Scottish LawCommission Report on which it is based,helps you make sense of this new legislation,including rape and all other sexual offences,such as those against children.

Particular consideration is given to the effectof the new provisions on consent. There arealso explanations of the Bill given to theScottish Parliament by the ScottishGovernment.

This new book provides crucial guidance tocriminal practitioners, police and all otherprofessionals involved with the prosecutionof criminal offences.

2009978 0 414 01785 6Paperback£48.00

27CRIMINAL


PROCEEDS OF CRIMEGREENS ESSENTIAL LEGISLATION


Proceeds of Crime is an ideal dedicatedportable reference guide for practitioners.

This guide contains full text, annotatedcopies of the Proceeds of Crime (Scotland)Act 1995 and the Proceeds of Crime Act2002 offering guidance on the interpretation, implications and applicationof this highly topical legislation in practice.

Practitioners in every area of the law willneed to know the acts, regulations (especiallythe Money Laundering Regulations), codes ofpractice and relevant SIs and SSIs.

Contents:Actsn Proceeds of Crime (Scotland) Act 1995n Proceeds of Crime Act 2002Scottish Statutory Instrumentsn Proceeds of Crime Act 2002 (Cash

Searches: Constables in Scotland: Code of Practice) Order 2002

n Proceeds of Crime Act 2002 (Disclosure of Information to and by Lord Advocate and Scottish Ministers) Order 2003

n Proceeds of Crime Act 2002 (Investigations: Code of Practice) (Scotland) Order 2003

n Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) Amendment (No. 6) (Proceeds of Crime Act)

n Act of Adjournal (Criminal Procedure Rules Amendment) (Proceeds of Crime Act 2002) 2003

n The Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003

n Act of Sederunt (Rules of Court of Session Amendment No. 2) (Proceeds of Crime Act 2002) 2003

Statutory Instrumentsn Proceeds of Crime Act 2002 (Recovery of

Cash in Summary Proceedings: Minimum Amount) Order 2002

n Proceeds of Crime Act 2002 (Enforcement in different parts of United Kingdom) Order 2002

n Proceeds of Crime Act 2002 (Recovery from Pension Schemes) Regulations 2003

n Money Laundering Regulations 2003Codes of Practicen Cash Searches: Constables in Scotlandn Investigations: Code of Practice

(Scotland)

Dr Alastair N. Brown is a Solicitor Advocateand he is also a Fellow of the Scottish Centrefor International Law.

2004978 0 414 01569 2Paperback£64.00

REGULATION OFINVESTIGATORY POWERS IN SCOTLANDGREENS ESSENTIAL LEGISLATION


Regulation of Investigatory Powers is anideal dedicated portable reference guide forpractitioners.

This guide contains full text, annotatedcopies of the Regulation of InvestigatoryPowers (Scotland) Act 2000 and theRegulation of Investigatory Powers Act 2000offering guidance on the interpretation,implications and application of the legislation in practice, with particularreference to decided cases.

Practitioners will need to know the regulations, codes of practice andcomplaints procedures in order to acteffectively on behalf of their clients.

This guide deals with a range of complexissues including: surveillance, acquisition ofcommunications data and investigation ofelectronic data.

Contents:Legislationn Regulation of Investigatory Powers

(Scotland) Act 2000 (as annotated)n Regulation of Investigatory Powers Act

2000 (as annotated)

Codes of Practicen Covert Surveillance — Code of Practicen Covert Human Intelligence Sources —

Code of Practice

Dr Alastair N. Brown is a Solicitor Advocateand a Fellow of the Scottish Centre forInternational Law.

2003978 0 414 01490 9Paperback£68.00

REPRESENTING DRUG OFFENDERSFiona MacDonald

A practical and concise guide, exploring allthe principal stages of representing drugoffenders.

Recent legislation, case law and practice,have brought significant and controversialdevelopments for the criminal lawyer whenadvising and representing drug offenders, inparticular, the new drug courts.

Representing Drug Offenders illustrateswhat proper representation means inpractical situations from taking instructionsthrough to sentencing. There are handychecklists and case studies to aid your work.

Contents:n Introductionn Historical basisn Representation

– Meeting the client– Tendering the plea, – Pre trial preparation: including specification of documents, disclosure, defective representation, notices to be served, etc– The trial

n Sentencingn Misuse of drugsn Drug courtsn Confiscation proceedings

Appendicesn Checklists, e.g. taking instructions, etcn Flowcharts, e.g. diagrams of process,

new procedure, who is involved and where

n Classification of drugsn Code of conductn Penalty tablesn Case digests

Fiona MacDonald is a Solicitor in theSupreme Court.

2004978 0 414 01547 0Paperback £70.00

28CRIMINAL


RENTON & BROWN’SCRIMINAL PROCEDURELEGISLATIONRegular Updates

Commentary by: Iain Bradley, Dr Alastair N. Brown,Mr P. W. Ferguson QC and Robert S. Shiels

This invaluable work draws together allprimary and subordinate legislation in thefield of Scots criminal procedure.

Fully annotated versions of the followingare contained within the looseleaf: n Criminal Justice (International

Co-operation) Act 1990n Prisoners and Criminal Proceedings

(Scotland) Act 1993n Criminal Law (Consolidation) (Scotland)

Act 1995n Proceeds of Crime (Scotland) Act 1995n Criminal Procedure (Scotland) Act 1995n Crime and Punishment (Scotland) Act

1997n Crime and Disorder Act 1998 (sections

applicable for Scotland)n Proceeds of Crime Act 2002

Also contained are fully updated, andannotated selected sections of: n Sheriff Courts and Legal Officers

(Scotland) Act 1927n Police (Scotland) Act 1967n Civic Government (Scotland) Act 1982n Protection from Harassment Act 1997n Human Rights 1998n Scotland Act 1998n Regulation of Investigatory Powers

(Scotland) Act 2000n Regulation of Investigatory Powers

Act 2000n Sexual Offences (Amendment) Act 2000n Criminal Justice and Police Act 2001n International Criminal Court Act 2001n Crime (International Co-operation) Act

2003n Extradition Act 2003n Criminal Justice (Scotland) Act 2003n Police, Public Order and Criminal

Justice (Scotland) Act 2006n Criminal Proceedings etc. (Reform)

(Scotland) Act 2007n Criminal Justice and Licensing (Scotland)

Act 2010

In addition, there are updated versions of:n Act of Adjournal (Criminal Procedure

Rules) 1996 (Division B)n Practice Notes (Division C)n Penalty tables

978 0 414 01152 63 Volume Looseleaf£578.00Annual Subscription

RENTON & BROWN’SCRIMINAL PROCEDURE6th EditionRegular Updates

Sir Gerald H. Gordon QCand James Chalmers

“I strongly recommend this for immediatepurchase by all those engaged in thepractice of criminal law.”Hon. Lord Johnson

“No practitioner in the field of criminal lawshould be without his Renton & Brown.”John Fitzsimmons, Scots Law Times

The indispensable guide for Scotland’scriminal law practitioners.

Scotland’s cardinal criminal law textcontinues to provide an authoritative,comprehensive account of the law ofcriminal procedure through the regularupdating.

Contents: n Criminal jurisdictionn Criminal courtsn Prosecutorsn Duties of a prosecutorn Investigation of crime by the policen Charges and preliminary defencesn Bail and servicen Solemn proceduren Summary proceduren Sentencingn Evidencen Childrenn Mental disordern Civil liabilityn Appealsn European law


RENTON & BROWN’SSTATUTORY OFFENCESRegular Updates

The number of offences created by statutehas increased dramatically in recent yearsand this trend is likely to continue. Untilnow, there has been no single sourcebringing together details of offences createdby an Act or Statutory Instrument.

Renton & Brown’s Statutory Offencescomprises three looseleaf volumes providingScotland’s criminal law practitioners with anideal companion to both Renton & Brown’sCriminal Procedure Sixth Edition and Renton& Brown’s Criminal Procedure Legislation.

This looseleaf brings together the legislationwhich creates statutory offences, withauthoritative annotations. The flexiblelooseleaf format allows for the inclusion ofnew statutory offences created by theScottish Parliament and updating of annotations. In the practical looseleaf style,this is the first publication to deal with thiscontinually growing area.

Contents: n Division A: Controlled Substancesn Division B: Sexual Offencesn Division C: Offensive Weaponsn Division D: Firearmsn Division E: Animalsn Division F: Fishing and Fisheriesn Division G: Licensingn Division H: Environmentn Division I: International Crimen Division J: Consumer Lawn Division K: Statutory Fraud and

Business Regulationn Division L: Property Offencesn Division M: Health and Safetyn Division Z: Miscellaneous


29CRIMINAL


CRIMINAL30

SCOTTISH CRIMINAL LAW12 issues a year

General Editor: Sheriff T. Welsh QC

Scottish Criminal Law is a monthly criminalcase reports series, making it twice ascurrent as any similar series available inScotland. The enhanced currency combinedwith the expert editorial work of Sheriff T.Welsh makes Scottish Criminal Law theobvious choice when deciding where toaccess information in this field.

Outwith case reports Scottish Criminal Lawwill also publish an Appeal Court columnfrom Chris Shead.

The key content of each issue includes:n An Appeal Court columnn Full-text law reports n Case commentaries n Full-text sentencing cases

Sheriff T. Welsh QC is presently Director ofJudicial Studies and also general editor ofMacPhail’s Sheriff Court Practice 3rd Edition.

1754–22862011 Annual Subscription Price: £245.00

SENTENCING PRACTICERegular Updates

General Editor: Sheriff Nigel Morrison QC

Sentencing Practice brings together, in easilyupdated looseleaf format, an editedcollection of case digests arranged undersubject headings, along with sentencingdetails.

It can be difficult for judges and legal practitioners to gain easy access to the information they need to determine the appropriate range of sentence for aparticular case being considered. Theexpanded collection of case digests inSentencing Practice provides a systematicmeans of identifying the appropriate rangeof sentence for any particular case, and fordiscovering which sentences have beenupheld or substituted on appeal.

Cases have been selected and digested by anexpert team of sheriffs and legal practitioners, led by Sheriff Morrison QC.

Contents: n Crimes and offences against the course

of justicen Crimes and offences against the person

(non-sexual)n Crimes and offences against propertyn Crimes and offences against public order

and welfaren Crimes and offences of dishonestyn Drugs offencesn Environmental offencesn Firearms offencesn Fishing and game offencesn Licensing offencesn Miscellaneous common law offencesn Miscellaneous statutory offencesn Protection of animals and birdsn Road traffic offencesn Sexual offences

Sheriff Nigel Morrison QC is a Sheriff atEdinburgh.


ROAD TRAFFIC SENTENCINGREFERENCER

Road traffic offences are frequent and wideranging with many opportunities to appealsentencing. The bible for those in need ofsentencing guidance has always beenSentencing Practice. This same informationis now available as the Road TrafficSentencing Referencer, a paperback bookwhich can be easily taken into court and isaffordable for those who don’t have accessto Sentencing Practice or who would like aseparate version of the traffic offencessection.

The Road Traffic Sentencing Referencerprovides clear and practical guidance on therange of sentences that have been passedfor a wide variety of road traffic offences. Itcontains maximum penalties, sentencingguidelines and case digests provided bySheriff Frank Crowe.

This work gives practitioners easy access to acomprehensive collection of road trafficcases to help assess the range of sentencewhich might be given for a particularoffence. Cases range from dangerousdriving to drivers hours to driving whiledisqualified.

This title is arranged by case type and canalso be searched through the comprehensivetable of cases making Road TrafficSentencing Referencer a time saving devicewhether in the office or courtroom.

2009978 0 414 01789 4Paperback£45.00


DELICT AND REPARATION31

AN INTRODUCTION TO THELAW OF HEALTH AND SAFETYAT WORK IN SCOTLAND2nd Edition

Professor Victor Craig and Professor Kenneth Miller

This second edition of the practical andconcise introduction to the law of healthand safety at work in Scotland sets out thecommon law, statutory provisions andEuropean materials applying to health andsafety in the workplace.

Written in a thoroughly approachable style,An Introduction to the Law of Health andSafety at Work in Scotland takes intoaccount the adoption of EU directives onhealth and safety at work, and the recentrevisions implementing domestic regulationsdealing with, among other things:management of health and safety at work;display screen equipment; manual handlingof goods; work equipment; working time;substances hazardous to health; constructiondesign and management of the workplace;public interest disclosure and human rights.

Coverage includes:n Sources and institutionsn The common lawn The statutory regimen Health and Safety at Work etc. Act 1974n Selected areas of statutory regulation.

Remedies and insurancen Health and Safety Executive

Organisation flowchart

Victor Craig is Professor of Employment Lawat Heriot-Watt University.

Kenneth Miller is Professor of EmploymentLaw and Vice-Principal of the University ofStrathclyde.

2000978 0 414 01375 9Paperback£66.00

CONFIDENTIALITY,PERSONALITY AND PRIVACYIN SCOTS LAWSULI

Elspeth C. Reid

Filling an important gap in the academicand practitioner market, this new book isthe first to present an integrated account ofthe subject area, combining the treatmentof common law and statute with anappraisal of the impact of the ECHR on ScotsLaw.

The protection of personality, confidentialityand privacy interests has in recent yearsbecome an increasingly urgent focus for thelaw of Delict worldwide. In Scotland, personality rights generally and conventionrights specifically have been increasinglyasserted in the courts. As well as coveringthese cases in detail, the book will takeaccount of the growing jurisprudence southof the border, as well as important recentdevelopments in other jurisdictions.

Contents:n Introductionn Comparative overview of personality

rights n Personality Rights and the ECHRn Physical Integrity, Protection against

Physical Harm. Protection against Emotional and Psychological Harm, Harassment, Protection of Liberty, Wrongful Detention

n Reputation, Protection of Reputation, Defamation and Verbal Injury

n Confidentiality, considerations affecting Protection of Information in different contexts, interaction with Law of Privacy

n Protection of identity and imagen A Scots Law of Privacy?n Personality Rights and Medical Lawn Statutory Protection for Personal Data

Elspeth C. Reid, Senior Lecturer in Law,University of Edinburgh

2010978 0 414 01681 1Hardback£95.00

MAXIMISING CRIMINALINJURIES COMPENSATIONKen Baddon

Neatly split into two parts:Part A — Overview, explains all the mainrules of the compensation scheme in a clearand concise manner.

Part B — In Detail, offers detailed analysiswith extensive annotations and case lawauthority.

This is the first publication available sincethe last major revision of the scheme, andprovides full text of the 2001 Scheme alongwith topical judicial review cases. Also, thenew CICA Guide to the Scheme is reflectedthroughout the text.

A valuable, hands-on reference tool,including:n Practical tips and examplesn Flowcharts and checklistsn Sample loss of earnings claim, with

explanation and commentary

User-friendly, practical guidance, in onehandy volume.

Contents: Part I: Overviewn Introductionn What is a criminal injury?n Victims and applicantsn Discretionary refusal of an awardn Amount of compensationn Procedure

Part II: In Detailn Constitutional issuesn Eligibility issuesn Crimes of violencen Other eligible causesn Directly attributablen Discretion to refuse or reduce an awardn Awards for relatives of victimsn Amount of compensationn Claims for financial lossn Procedure

Ken Baddon is a Solicitor, both in Scotlandand England and Wales. From 1990 to 2002he worked full-time for the Criminal InjuriesCompensation Authority and its predecessor.

2003978 0 414 01523 4Paperback£55.00


DELICT AND REPARATION 32

REPARATION LEGISLATIONGREENS ESSENTIAL LEGISLATION

William J. Stewart

This edited volume of legislation will givereparation practitioners access to anextensive archive of primary material, withcomprehensive coverage of the core areas ofreparation practice, as well as coverage ofmore specialist areas such as Defamation.The legislation is fully consolidated and hasbeen selected for relevance and importanceto reparation practitioners, including allprovisions referred to the Voluntary Pre-action Protocol. This handy referenceguide for practitioners also contains anarrative explanation of Statutory Liability.

Contents include:n Administration of Justice Act 1982n Animals (Scotland) Act 1987n Civil Evidence (Scotland) Act 1988n Compensation Act 2006n Construction (Design and Management)

Regulations 2007n Construction (Head Protection)

Regulations 1989n Control of Noise at Work Regulations

2005 n Control of Substances Hazardous to

Health Regulations 2002n Damages (Scotland) Acts 1976 and 1993n Damages Act 1996n Defamation Acts 1952 and 1996n Employer's Liability (Compulsory

Insurance) Act 1969n Environmental Protection Act 1990n Interest on Damages (Scotland) Act 1958n Law Reform (Contributory Negligence)

Act 1945n Law Reform (Miscellaneous Provisions)

(Scotland) Act 1968n Law Reform (Personal Injuries) Act 1948n Lifting Operations and Lifting

Equipment Regulations 1998n Occupiers Liability (Scotland) Act 1960n Prescription and Limitation (Scotland)

1973n Pressure Systems Safety Regulations 2000n Protection from Harassment Act 1997n Roads (Scotland) Act 1984 (part)n Health & Safety (Display Screen

Equipment) Regulations 1992n Management of Health & Safety at

Work Regulations 1999n Manual Handling Operations

Regulations 1992n Personal Protective Equipment at Work

Regulations 1992n Provision and Use of Work Equipment

Regulations 1998n Work at Height Regulations 2005n Workplace (Health, Safety and Welfare)

Regulations 1992

Bill Stewart, formerly a partner in a lawfirm, lectured at Stirling University LawSchool. He wrote and edited a number of W. Green titles aimed at both legal practitioners and students.

2009978 0 414 01780 1Paperback£70.00

REPARATION: LIABILITY FOR DELICTRegular Updates

General Editor: Douglas Brodie(Original work by William J. Stewart)

A comprehensive looseleaf with a fully up-to-date narrative guide to this diversearea of the law, cross-referenced tolegislation, motor insurance guidance, theemployment “six pack” regulations andstyles.

Published in easily updated and user-friendlylooseleaf format, Reparation: Liability forDelict is divided by topic. It provides authoritative narrative and is highly practicalin focus, offering indispensable guidance tothe detailed and complex areas from negligence to abuse of process, verbal injuryto road accidents. Styles assist with thedrafting of writs.

Every area is cross-referenced to cases,articles and textbooks, an extensive bibliography is included, providing you witha ready reference tool and saving youvaluable research time by guiding you fromproblem to solution quickly and efficiently.

Reparation: Liability for Delict provides themost accurate and up-to-date guide topractice in reparation. It is a vital completereference guide.

Contents: Division A: Narrativen Jurisdictionn Parties to actionsn Vicarious liabilityn Freedom of the personn Heritable and moveable propertyn Business and the economic tortsn Defamationn Legal processn Negligencen Statutory dutyn Human rightsn Professional liabilityn Transportn Damagesn Other remediesn Contribution and reliefn Extinction and transfer of liabilityn Proof n DefencesDivision B: LegislationDivision C: Highway CodeDivision D: Motor Insurers’ BureauDivision E: Styles

Douglas Brodie is Professor ofEmployment Law and Head of the Schoolof Law at the University of Edinburgh.


DELICT4th Edition


William J. Stewart

Bill Stewart’s book has rapidly establisheditself as the standard introduction to theprinciples and rules of delict. A comprehensive yet concise treatment, it isvaluable for any student of the subject andis deservedly popular with practitioners.

Contents: n Introductionn Delicts with names I — nominaten Delicts with names II — economicn Liability for unintentional harm I:

outline accountn Liability For unintentional harm II:

difficult topicsn Statutory duty, “Eurorep” and human

rightsn Special areas of activitiesn Verbal injuryn Partiesn Vicarious liabilityn Immunities, defences, transfer and

extinctionn Damages for delict


2004978 0 414 01556 2Paperback£36.00


DELICT AND REPARATION 33

NEW EDITION

DELICT4th Edition

LAWBASICS

Gordon Cameron

Delict LawBasics, 4th Edition provides theperfect ally for students, presenting aconcise revision guide and a supplement tocourse texts. It is an ideal introduction to thesubject, covering all the fundamental aspectsof the law of delict and its place within Scotslaw, with a straightforward and conciseapproach. Gone is the need to rely on acombination of scribbled notes andphotocopies to decipher a terms-worth ofwork.

This title considers both the generalprinciples of delictual liability and particularforms of liability such as Occupiers’ Liability.It also looks at specific delicts fromDefamation and Nuisance to Trespass andBreach of Confidence. This fully updatededition includes a greater number of samplequestions and model answers, making it aneven more vital revision tool.

Contents include:n Introductionn Liability for unintentional harmn Liability for unintentionally caused

financial harmn Mental harmn Vicarious liabilityn Defamationn Statutory liabilityn Nuisancen Nominate delictsn Remedies

Gordon Cameron is a lecturer in law at theUniversity of Dundee.

2011978 0 414 01833 4Paperback£12.50

DELICTSULI

Consultant Editor:Professor Joe Thomson

“…Contains material which I have foundstimulating as well as comprehensive andwhich might never have been publishedunless SULI had embarked on this venture.”Joe Thomson — from the foreword

Publishing under the auspices of the Scottish Universities Law Institute, this is thedefinitive statement on the area of Delictand is an extremely welcome updatedaccount of the subject. This book has beenexpertly written to offer clear guidance onthe general theory of delictual liability, aswell as providing detailed analysis ofprotected interests and specific forms ofliability.

To ensure the absolute currency of this majorwork it will be published in installments,each chapter freshly written by one of ateam of specialists. The original text will becomprehensive and cover the core of thesubject. Additional chapters will be publishedon a charge by release basis to guarantee afully rounded and up-to-date text.

Contents:Part I — Generaln Province and function of the law of

delictn Delict and International private lawn Capacity and partiesn Liability for delictual actionsn Delictual liability at common lawn Beach of statutory dutyn Causationn Defences to delictual liabilityn Prescription and limitationn RemediesPart II — Protected interestsn Autonomy, consent and the body in

delictn Personality interestsn Delictual protection of possessory

interests in corporeal moveable propertyn Landn Economic delictsPart III — Specific forms of liabilityn Product liability and consumer

protectionn Occupiers’ liabilityn Employers’ liabilityn Professional negligencen Liability of Public authoritiesn Liability for animalsn Road traffic accidents

Consultant Editor Joe Thomson was formerlyRegius Professor of Law at the University ofGlasgow.


2007978 0 414 01694 1Looseleaf £213.00

GREENS REPARATION BULLETIN6 issues a year

Editor: Douglas BrodieContributing Editors:Robert Milligan QC,Lauren Sutherland andGordon Junor

A practical product aimed at assisting practitioners’ arguments in correspondenceand in court.

Regular features include:n Commentn Quantumn Cases in briefn Medical negligence

Recent coverage includes:n Controlling Duties of Care to

Third Parties?n Fairchild in the Sheriff Courtn Reform in Relation to Damages

for Wrongful Deathn Carnegie — R.I.P.n The Value of Pleural Plaques Under the

Damages (Asbestos-related Conditions)(Scotland) Act 2009

n Occupiers’ Liability:Violence on the Premises




PERSONAL INJURY PRACTICEIN THE SHERIFF COURT3rd Edition

Ronald E. Conway

Personal Injury Practice in the Sheriff Courtis a practical and user-friendly guide toprocedure for personal injury claims in thesheriff court.

Part 1: Personal Injury Claims emphasisesvarious strategies to strengthen the case atevery stage.

Part 2: Common Actions outlines the lawand practice of the most commonly encountered sources of action. This editionincludes a new outline on the law andpractice of stress, bullying and harassment.

Contents: PART I — Personal Injury Claimsn Taking instructionsn Funding the filen Constructing the claim on liabilityn Evidence on quantumn Deduction of benefitsn Limitation and time barn Negotiation and settlement before actionn Pleadings in personal injury actionsn After the action is raisedn Expert evidencen Preparation for proofn Proofn Procedure after proofn Appealsn Small claims and summary causesn Case management

PART II — Common Causes of Actionn Road trafficn Slips and fallsn Occupiers liability casesn Accidents at workn Occupational illness and diseasen Damages for stress at workn Accidents to childrenn Holiday claimsn Construction accidents

Appendices:n Damages information sheetn Accidents at work check listn Summary cause flowchartn Police report detailsn Extra judicial fees for negotiated

settlementsn Style writ for pavement trip accidentn Style specification of documents for

pavement trip accidentn Sample schedule of damages

Ronald E. Conway is a Partner with Bonnar & Co.

2011978 0 414 01837 2Hardbackc.£84.00

McEWAN & PATON ONDAMAGES FOR PERSONALINJURIES IN SCOTLANDRegular Updates

The Rt Hon. Lady Paton

Published in looseleaf format with tworeleases annually, McEwan & Paton is anindispensable reference guide for allreparation practitioners, providing practicalinformation on the assessment of damagesfor personal injury and death.

Contents: n Case notesn Actuarial tables

(updated 6th edition included)n Judicial Studies Board Guidelines

(updated 10th edition included)n Inflation tablesn Retail price index tablesn Interim damagesn Provisional damagesn Interest on damagesn Inflation and damagesn Loss of earnings and deductionsn Loss of employabilityn Multipliers and actuarial evidencen Miscellaneous factors affecting damagesn Nervous shock, PTSD and related

conditionsn The unaware pursuern Nursing care and special aidsn Servicesn Damages in fatal casesn Contributory negligencen Review of awards of damagesn Recoupment of benefitsn Structured settlementsn Tenders and settlementsn Civil juries and damages

Appendices: n Statutes and statutory instrumentsn Rules of courtn The skeletonn Orientation in medical reportsn Type of fracturen Structured settlementsn Tenders and settlementsn Civil juries and damages

The Rt Hon. Lady Paton QC is the High CourtJudge member of the Parole Board forScotland.


McEWAN & PATON:PERSONAL INJURY PRACTICERegular Updates

CD-ROM

Scotland’s only personal injury practice CD-ROM McEwan & Paton: Personal InjuryPractice CD-ROM provides you with all theauthority of McEwan & Paton, the respectedlooseleaf, on one fully searchable CD-ROM,along with the labour-saving MyCase tool —a case database with integral filing andcalculator functions.

Digital technology allows us to make thevast amount of material contained withinthe paper product readily accessible to youat the push of a button. You are able toperform complex and highly specificsearches across all the material available inthe looseleaf in seconds — speeding up yourresearch time enormously.

McEwan & Paton: Personal Injury PracticeCD-ROM contains MyCase — a databasewith approximately 400 personal injurycases. Using MyCase you can save researchtime by specifying search criteria, forexample pursuer age, gender or injury, thusensuring only the most relevant cases aredisplayed.

Additional features include:n The ability to create detailed schedules

of damages on-screen with ease n A management system for your own

cases n Integral calculator functions for working

out inflation, multipliers and elapsed time periods

A completely new and easily installed CD-ROM will be sent to you twice a year,keeping you up-to-date with all the latestcases and information.

978 0 414 01376 6CD-ROM only£550.00 + £110.00 VAT = £660.00

34DELICT AND REPARATION

NEW EDITION


GREENSREPARATION LAW REPORTS6 issues a year

Editor: Douglas Kinloch

n All significant reparation judgments from the Court of Session reported or summarised

n Other reparation judgments from the Sheriff Court of interest to the specialist practitioner, but which may not be reported elsewhere

n Reports are prepared quickly and will often appear before any other law reporting service

n Quantum cases section for cases dealing with damages only reported separately for ease of reference

Subjects covered include: n Jury trialsn Quantumn Slipping and trippingn Psychiatric injuryn Negligencen Specification of documentsn Title to suen Commission and diligence

Douglas Kinloch is a Sheriff.

1362-167X2011 Annual Subscription Price: £305.00

CASEBOOK ON DELICT2nd Edition

William J. Stewart

“A useful collection of materials of interestto both practitioner and student.”Scottish Law Gazette

Bill Stewart’s Casebook on Delict bringstogether the most important Scottish caseson delict in one comprehensive and accessible volume.

The thorough examination of central cases is supported by selective articles andcommentary and endeavours to illustratethe core principles of the law of delict in acurrent contemporary context. The statutoryappendix has been updated throughout andexpanded to include the Damages (Scotland)Act 1993, the Damages Act 1996 and theDefamation Act 1996.

Building on the solid foundation of a wellreceived and respected original, this secondedition sees the author succeed in furtherdeveloping a reference book that nostudent or professional can afford to ignore.

Contents: n The institutional writers — terminology n Wrongful interference with the person n Breach of confidence n Wrongful use of land n Wrongful interference with goods n Economic delicts n Negligence: duty, standard of care,

causation, remoteness n Third party intervention n Economic loss n Liability of public bodies n Statutory duty and Euro reps n Occupiers’ liability n Product liability n Animals n Employers’ liability n Defences n Verbal injuries n Vicarious liability and some special

parties n Private international law — jurisdiction

and conflict of law n Proof and damages


1997978 0 414 01188 5Paperback£64.00

EDUCATION LAW IN SCOTLANDGREENS PRACTICE L IBRARY

Janys M. Scott QC

Publishing in the Greens Practice Libraryseries, this book provides a comprehensiveaccount of this complex area of the law,whilst remaining highly practical in focus.

The most up-to-date and thorough accountof this topical subject, Education Law inScotland takes into consideration the recentamendments to the Standards in Scotland’sSchools etc. Act 2000 and the DisabilityDiscrimination Act 1995 as well as looking atthe impact of the Human Rights Act 1998.

Essentially covering the rights of childrenand the rights and duties of schools andparents, this authoritative work examinesthe subjects which fall within these areas,e.g. the criminal aspect of the prosecution ofparents to the welfare of children withdisabilities and special educational needs.

Education Law in Scotland covers thehistorical foundations of education throughto the present environment and looksforward to the future of education inScotland.

Contents: n Introductionn Foundationsn Children’s rightsn Parentsn Scottish ministersn Education authoritiesn Pupilsn Places of educationn School boardsn Change and consultation n Curriculum and disciplinen Benefitsn Pupil recordsn School attendancen Appeal committeesn Placing requestsn Exclusion from schooln Special educational needsn Discriminationn Delictual liabilityn Appendix — SI 1981/1558 Sch.1

Janys M. Scott QC co-editor of Greens FamilyLaw Reports, and contributor to the FamilyLaw and Education Law sections of Green’sHuman Rights Service, is an Advocate andpart-time Sheriff. She is Chairman of theBAAF Scottish Legal Group and Joint Vice-Chair of the Advocates’ Child and FamilyLaw Group.

2003978 0 414 01452 7Hardback£135.00

35DELICT AND REPARATION | EDUCATION


EDUCATION | EMPLOYMENT36

SCOTTISH EDUCATION MANUALRegular Updates

Editor: Christina Ashton

A guide specifically researched, designedand written for head teachers in Scotland.The manual goes beyond explaining legislation by providing practical guidanceabout how to apply legal regulations withinthe workplace.

Offering a single expert source of reference,the Scottish Education Manual guides thereader easily through reams of informationcovering this complex subject with easy touse indexing. Procedures are explained in clear practical terms, supported bycomprehensive checklists and points forconsideration.

Updated regularly to incorporate the latestlegal changes in legislation and practice, thisis the ideal source for reference andguidance.

The two volume manual is published in alooseleaf with accompanying CD-ROMproviding access to clear and detailedinformation.

Contents: n Legal issuesn General managementn Pupil welfaren Health and safety issuesn Health and safety in practical classesn Employment in educationn Contracts of employmentn Legislation

Christina Ashton was formerly Head of theDepartment of Law at Napier University.

978 0 414 01286 82 Volume Looseleaf and CD-ROM£278.00 + £27.80 VAT = £305.80Annual Subscription

EMPLOYMENT LAW2nd Edition

Malcolm R. Mackay and Shona Simon

Employment Law provides authoritative,practical guidance on, and analysis of, theScots aspects of this fast developing area oflaw and procedure.

Comprehensive in coverage yet written in athoroughly approachable style, this book isan essential purchase for legal practitionerswhose interest lies in employment law, andis also of interest to human resource professionals.

Contents: n The employment relationshipn Discriminationn Pregnancy and maternity rightsn Equal payn Transfer of undertakingsn Termination of the employment

relationshipn Redundancyn Unfair dismissaln Employment litigation — prior to the

hearingn Negotiating and funding employment

claimsn Conducting, constitution and jurisdiction

of industrial tribunaln Remediesn Review and appeal

Malcolm Mackay is a Partner with MaclayMurray & Spens solicitors and is Head ofEmployment, Pensions and BenefitsDepartment.

Shona Simon is President at the EmploymentTribunals Office in Scotland.

2001978 0 414 01402 2Hardback£114.00

THE CONTRACT OFEMPLOYMENTSULI

Professor Douglas Brodie

This new title is an authoritative guide tothe law of Employment Contracts inScotland. The Contract of Employemnt willbe an invaluable addition to the SULI seriesfrom an expert in the field.

Contents:n Identifying the Contract of Employment n Identifying the Contract of Employment:

Difficulties in Categorisationn Formation of the Contractn Misrepresentationn Variation of the Contractn Mutuality of Obligationn Implied Termsn The Duty of Mutual Trust and

Confidence n The Control of Discretionn The Duty of Reasonable Caren The Work-Wage Bargain n The Duty of Fidelity n Restrictive Covenants n Incorporation of Terms n Custom and Practice n Interpretationn The role of UCTAn Termination (1)n Termination (2)n Damagesn Judicial Review


2008978 0 414 01722 1Hardback£144.00


EMPLOYMENT37

EMPLOYMENT LAW: AN INTRODUCTION3rd Edition

Professor Victor Craig and Susan Walker

Written in a clear and usable format, thisbook consists of a combination of up-to-date text and case law which cover all themajor developments within this wide-ranging subject area.

Employment Law: An Introduction will keepyou updated of employment rights fromboth an employer and employee’s position,providing essential knowledge to legalpractitioners involved in employment lawand employees/employers alike.

A comprehensive, reader-friendly source ofinformation this book approaches thesubject from a uniquely Scottish perspectiveand covers the key areas of employment lawfrom formation through to termination ofcontracts.

This title can be used as an overall introduction to employment law, as well asan update for those simply wishing toremain informed of recent changes in thefield. Human Resources Management professionals have found previous editions ahelpful reference guide to the subject area.

Contents:n Contract of employmentn Terms and conditions of employmentn Termination of the contract and

wrongful dismissaln Unfair dismissaln Redundancy payments and transfers of

undertakingsn Discriminationn Institutions of employment

Victor Craig is Professor of Employment Lawat Heriot-Watt University.

Susan Walker is a Lecturer in Law at Heriot-Watt University.

2007978 0 414 01701 6Paperback£36.00

EMPLOYMENT TRIBUNALPRACTICE IN SCOTLAND2nd Edition

REGULAR UPDATES

William LeslieUpdated by: Shona Simon and Louise Taggart

Employment Tribunal Practice in Scotlandhas undergone numerous changes in the lastdecade, particularly due to the EmploymentAct 2008. This Act made sweeping changesto employment tribunal practice. Furtherchanges are expected due to the EqualityAct 2010 enacted, for the most part, onOctober 1, 2010, as well as other pieces oflegislation such as the Equality Act 2010(Commencement No.4, Savings,Consequential, Transitional, Transitory andIncidental Provisions and Revocation) Order2010 and the Transnational Information andConsultation of Employees (Amendment)Regulations 2010.

Employment Tribunal Practice in Scotlandwill reflect the effect of these importantchanges.

Contents:n History and Grounds of Jurisdictionn Regulations and Rules of Proceduren The Employment Tribunals (Scotland)n Jurisdictionn Initial Proceduren Case Managementn Conciliation and Settlementn The Hearingn Evidencen The Judgmentn Expenses, Wasted Costs and Preparationn Timen Reviewn Appeal

Shona Simon is President at the EmploymentTribunals Office in Scotland.

Louise Taggart is an Associate in theEmployment, Pensions and Benefits team atMaclay Murray & Spens LLP.

978 0 414 01114 41 Volume Looseleaf£365.00Updating releases charged foron publication

GREENS EMPLOYMENT LAW BULLETIN6 issues a year

Editors: Louise Taggart and Muriel Robison

Greens Employment Law Bulletin highlightsrecent developments in this specialist area ofthe law.

Regular features include:n Commentn Case notesn Newsn Legislation updates

Recent coverage includes:n Racial Groups, the “But-For” Test, Benign

Motives, and Distinguishing IndirectDiscrimination

n Additional Paternity Leaven Capability Dismissals and the DDAn Taxation of Employment Tribunal

Awardsn Cabin Crews and Collective Agreementsn Public Sector Duties

Muriel Robison is a fee paid EmploymentJudge and part time lecturer at GlasgowUniversity.

Louise Taggart is an Associate in theEmployment, Pensions and Benefits team atMaclay Murray & Spens LLP.



ENTERTAINMENT AND MEDIA | ENVIRONMENT38

SCOTS LAW FORJOURNALISTS8th Edition

Rosalind McInnes

This book provides a clear and concise guideto Scots law for journalists and editors and isthe only book on this subject in Scotland. Itis also an essential training aid for studentsstudying Media Law as part of a law,journalism or communications degree.

This new edition includes comprehensivecoverage of many relevant areas of the lawwhich have recently undergone significantchange, including guidance on the new UKand Scottish Freedom of Information Acts,the developing area of Privacy, coverage ofthe Bonomy Reforms in relation to criminalcourt procedure and new regulationsrelating to news gathering.

Equally suitable for print and broadcastjournalists and thoroughly practical in focus,Scots Law for Journalists is also an authoritative quick reference guide onmedia law for advocates and solicitors.

Coverage includes:n Titles and terminologyn News gatheringn Contempt of courtn Defencesn Differences in English lawn Privacy, breach of confidence and

data protectionn Broadcastingn The Human Rights Act 1998n Official secretsn The internet

Rosalind McInnes is a Solicitor for BBC Scotland.

2010978 0 414 01621 7Paperback£29.00

ENVIRONMENTAL LAW IN SCOTLAND SULI

General Editor:Professor Francis McManus

The only dedicated Scottish encyclopaedia ofenvironmental law, this title is published inparts to ensure utmost validity. In-depthtreatment of each distinct area is completedby a member of the specialist multi-authorteam meaning you have access to the mostcurrent and reliable information availableon this legal area.

Current contents:n Victorian Foundations of Environmental

Lawn Sources, Institutions and General

Principlesn Nuisancen Noisen Water Pollutionn GMOs as an Environmental Riskn The Impact of Human Rights on

Environmental Lawn Regulation of Nuclear Installations and

Radioactive Substancesn Environmental Taxationn Pollution Prevention and Controln Nature Conservation

Future chapters will include:n Air Pollutionn Enforcementn Wasten Marine Development and Coastal Law

2007978 0 414 01699 6 Looseleaf£223.00

NATURE CONSERVATION LAW3rd Edition

Colin T. Reid

This essential work offers a comprehensiveand clear guide to the law on natureconservation in Great Britain. The 3rdedition takes into account significantchanges in legislation in both Scotland andEngland, including the Nature Conservation(Scotland) Act 2004 and the NaturalEnvironment and Rural Communities Act2006, as well as extensive developments inEuropean case law.

This book will be a vital reference guide tolegal practitioners involved in planning,environmental and agricultural matters. Theapproachable style makes it an equallysuitable guide for land owners, natureconservation professionals, estate managersand students of nature conservation law.

Contents:n Introductionn The authorities responsible for nature

conservationn Protection of wild animalsn Exploitation and destruction of wildlifen Conservation of habitatn Plantsn European and international aspectsn Miscellaneousn Appendix A — Schedules to the Wildlife

and Countryside Act 1981n Appendix B — Open seasonsn Appendix C — Licences

Colin Reid is a Professor at the University ofDundee.

2009978 0 414 01695 8Hardback£56.00


EUROPEAN AND EU | EVIDENCE39

EUROPEAN UNION4th Edition

LAWBASICS

Alan S. Reid

EU LawBasics 4th Edition provides studentswith an easy to use study and revision guidewhich covers the most important elementsof EU law. With LawBasics, there is nolonger the need to rely on a combination ofscribbles and photocopies to make sense ofthe previous term’s work.

EU LawBasics is an ideal study guide for anycourse covering the areas of law and policydealt with by the European Union.

The 4th edition will take into account theTreaty of Lisbon and includes new chapterson:n The Area of Freedom, Security and

Justicen Citizenship and Free Movement of

People.

Essential coverage is provided on:n The general principlesn Key casesn Important statutes

Contents:n From Community to Unionn Sources of informationn Sources of lawn Institutions of the European Unionn European law and national lawn Judicial reviewn Preliminary rulingsn The Area of Freedom, Security and

Justicen Citizenship and free movement of

peoplen Free movement of goodsn Freedom of servicesn Competition law and policy

Alan S. Reid is a Lecturer in Law at NapierUniversity

2010978 0 414 01790 0Paperback£12.50

COMMISSION AND DILIGENCEGREENS PRACTICE L IBRARY

Archibald MacSporran and Andrew Young

“The authors, both advocates, havecombined their wealth of practicalexperience and academic knowledge toproduce this most helpful addition toScottish legal literature. Serious civil andcriminal practitioners will add it to theirlibraries.”Journal of the Law Society

This excellent work provides a comprehensive treatment of commission and diligence, both for the recovery ofdocuments and the taking of evidence. Itsets out the procedures to be followed fromthe preparation of the specification ofdocuments through to the execution of thecommission. Various alternatives tocommission and diligence procedure are alsoconsidered in detail.

While the text is principally concerned withCourt of Session and sheriff courtprocedures, separate chapters also deal withthe procedure to be followed in other courtsand tribunals.

Contents:n Detailed discussion of the case law on

s.1 of the Administration of Justice(Scotland) Act 1972

n Confidentialityn Public interest privilegen Documents prepared post litem motamn Letters of request, affidavits and

video-link evidencen Court of Session Rules 1994n Sheriff Court Rules 1993

The book includes styles and appendicesproviding you with a comprehensivesourcebook.

Archibald MacSporran is an Advocate

Andrew Young is an Advocate

1995978 0 414 01067 3Hardback£194.40

EVIDENCESULI

Professor Fraser P. Davidson

Fraser Davidson’s new title on Evidence fillan important gap in the SULI series and willbe used by academics, lawyers and thejudiciary both in the UK and abroad,ensuring its status as the leading authorityin this area.

The first full treatment of evidence inScotland to be published in a large number of years, this book is extremelydetailed, paying full regard to the humanrights dimension of the subject. Evidencedeals with the subject matter in someconsiderable depth, along with relatedpoints of procedure, such as the examination of the rules on the interpretation of documents and someconsideration of areas such as the admissibility of evidence obtained underhypnosis.

Significant detail is provided on the facts of relevant cases as well as numerous quotations from authoritative sources,particularly case law, allowing the reader topinpoint relevant sources easily and withprecision.

Contents:n Introduction (History, Purpose and Basic

Concepts of Evidence)n What must be proved and what need

not be provedn The Burden of Proofn The Standard of Proofn Real Evidencen Documentary Evidencen The Conduct of a Proof or Trialn The Competence and Compellability of

Witnessesn Improperly Obtained Evidencen Opinionn The Rule against Hearsay and its

Exceptionsn Privilegen Public Interest Immunityn Sufficiencyn Appeals



20079780 414 01471 8Hardback£198.00


EVIDENCE40

EVIDENCE: CASES ANDMATERIALS3rd Edition

Derek Auchie

This 3rd edition is the first update to thistitle since 2002 and is an expansivecollection of extracts from cases, statutes,subordinate legislation and articles relatingto the law of evidence, linked together bydetailed commentary. Where possible, theprimary materials draw links andcomparisons across the topics covered.

Contents include:n Relevancen The burden of proofn Presumptionsn The standard of proofn Sufficiency of evidencen The best evidence rulen Hearsayn Evidence improperly obtainedn Collateral and character evidencen Opinion evidencen Judicial knowledge, arguments and

admissionsn Confidentiality, privilege and the

recovery of evidencen Some specialities of civil evidencen Witnesses—Some specialitiesn Appealsn Expert evidencen Corroborationn Disclosure obligation on the Crownn Vulnerable witnessesn A suspect's right to a lawyer during

questioningn Sexual history evidence

Derek Auchie is a Senior Lecturer at RobertGordon University and author of EvidenceLawBasics.

2011978 0 414 01617 0Paperbackc£42.00

EVIDENCE — PRINCIPLES,POLICY AND PRACTICEGREENS CONCISE SCOTS LAW

Fiona Raitt

This text builds upon earlier editions ofEvidence in the Greens Concise Scots Lawseries but is a new textbook offering a freshapproach to the law of evidence. It focuseson how the key features of the adversarialsystem influence the way that evidence isgathered, assessed and used in the civil andcriminal courts.

Evidence — Principles, Policy and Practicetakes account of the growing body of lawfrom the European Court of Human Rights,considers the particular impact this has hadon our adversarial system of justice, andanticipates areas of future development andlaw reform.

Case law and statutory provisions arediscussed to illustrate principles, as well as topresent strategies and arguments and toidentify the scope for reform. The text isdesigned to meet the needs of both lawstudents and legal practitioners.

Contents:The adversarial systemn Oral testimony; fact construction;

judicial discretion; impact of ECHR jurisprudence

n Concepts of evidence: relevancy; admissibility and exclusionary rules; sufficiency and corroboration

The role and status of witnessesn Witnesses: competence and

compellability; credit and cross-examination; reliability and weight

n Children and other vulnerable witnessesn Expert witnesses and opinion evidenceThe process of proofn Proof: burdens of proof, standard of

proof, presumptions and judicial knowledge

n Corroboration: Moorov doctrine / distress

n Conduct of the proof or trial The exclusionary rules n Improperly obtained evidence:

confessions and goodsn Character, including sexual history

evidencen Hearsayn Privilege, including•legal professional

privilege and public interest immunity

Fiona Raitt is a Professor of Evidence andSocial Justice at the University of Dundee,and author of Careers in Scots Law.

2008978 0 414 01588 3Paperback£36.00

EVIDENCE3rd Edition

LAWBASICS

Derek Auchie

Evidence LawBasics, 3rd Edition presentsstudents with a fully updated, compact andconcise textbook. This title complementscourse texts and acts as a highly useful examrevision aid, putting an end to the tendencyto rely on scribbled notes and photocopies.

This title provides an indispensable guide forany Scots law student of evidence,accurately covering all the necessary topicsfor a fundamental understanding of the lawof evidence as it stands in Scotland.

Contents include:n Judicial knowledgen Opinion evidencen The burden and standard of proofn Sufficiencyn Admissibilityn Witnessesn Presumptionsn Privilege

Derek Auchie is a Lecturer in Law at TheRobert Gordon University, Aberdeen and is aqualified solicitor.

2008978 0 414 01715 3Paperback£12.50

NEW EDITION


FAMILY AND SOCIAL WELFARE41

ADOPTION OF CHILDREN INSCOTLAND4th Edition

Peter G. B. McNeill and Morag Jack

The Adoption and Children (Scotland) Act2007 modernises, improves and extends thesystem of adoption in Scotland. In responseto this important new Act, Peter McNeill andMorag Jack have prepared a 4th edition ofthe Adoption of Children in Scotland, takinginto account the following key developments:

n The classes of persons who may adopt including joint adoption by unmarried couples

n The introduction of new permanence orders for children who cannot live with their families

n The repeal of freeing orders

As well as analysing the provisions of the2007 Act, the authors provide guidance onthe application of the new court procedurerules in both the Court of Session and thesheriff court. The new timetable foradoption procedure is designed to obviatedelays.

Contents include:n Adoptionn Who may adoptn The childn Placement of a child for adoptionn Petition for adoptionn Permanence ordern Curator ad litem and reporting officern Reportsn Petitions: Proceduren Opposed petitionsn Making the order; Registrar Generaln Amendment and revocationn Appealn Expensesn Appendix: Statute and Acts of Sederunt

Peter G. B. McNeill was formerly a sheriff of30 years in Glasgow and Edinburgh.

Morag Jack is an Advocate.

2010978 0 414 01626 2Hardback£55.00

ANTISOCIAL BEHAVIOURLEGISLATIONGREENS ESSENTIAL LEGISLATION

Tom Guthrie

Antisocial Behaviour Legislation is aninvaluable portable reference guide to thelaw relating to antisocial behaviour for legalpractitioners, local authorities, socialworkers, housing associations and anyindividual with involvement in this growinglegal area.

In recent years local authorities have beenunder increasing pressure to issue antisocialbehaviour orders, in an attempt to combatnuisance behaviour. As a result, theAntisocial Behaviour etc. (Scotland) Act 2004has received a high level of publicity of late.The Act is also changing the way a numberof other agencies tackle such issues.

This title contains full text of the AntisocialBehaviour etc. (Scotland) Act 2004, withannotations by an acknowledged expert,and is accompanied by selected relevantScottish Statutory Instruments, providing allthe information you need in one place.Antisocial Behaviour Legislation is the onlytext of its kind in Scotland to provide anauthoritative look at the law relating to thissubject.

Contents:The Actn Antisocial Behaviour etc. (Scotland) Act

2004 with annotations

Scottish Statutory Instrumentsn Rules of Proceduren The Community Reparation Orders

(Requirements for Consultation and Prescribed Activities) (Scotland) Regulations 2005

n Antisocial Behaviour (Noise Control) (Scotland) Regulations 2005

n The Police (Retention and Disposal of Motor Vehicles) (Scotland) Regulations 2005

n Antisocial Behaviour (Fixed Penalty Notice) (Additional Information) (Scotland) Order 2005

Tom Guthrie is a senior lecturer at theUniversity of Glasgow.

2005978 0 414 01627 9Paperback£52.00

CHILDREN (SCOTLAND) ACT 19952nd Edition


Professor Kenneth McK. Norrie

“The annotations are full, lucid andremarkably readable. ... and Professor Norrieis to be commended on doing such a finejob.”Journal of the Law Society — of previous edition

This highly regarded and established texthas been fully revised and updated to takeaccount of the implementation of the Act inpractice, statutory developments, andjudicial and academic comment on the Act'soperation. It examines the impact of allamending legislation including theRegulation of Care (Scotland) Act 2001, andthe Human Rights Act 1998 and looks athow the Children (Scotland) Act 1995 hasestablished itself in practice.

Contents:n Court orders, including residence and

contact ordersn The law of guardianship reshaped and

clarifiedn Local authority duties specifiedn Child protection orders and their review

mechanismsn Exclusion orders and assessment ordersn Local authority parental rights

resolutions replaced with court process and parental responsibility orders

Professor Kenneth McK. Norrie is a Professorof Scots Law at the University of Strathclyde.

2004978 0 414 01543 2Paperback£48.00



THE ART OF FAMILY LAWSkills for Successful Practice

Tom Ballantine and Anne Hall Dick

The practice of family law now involvesmuch more than a simple knowledge of thesubstantive law and court work. Withincreasing emphasis on negotiation andmediation, lawyers need to be equippedwith a range of problem-solving and peopleskills together with strategies to enablethem to practice effectively. Written in anapproachable, informal style, The Art ofFamily Law explores and examines thevarious skills needed by family lawyers. Itlooks at successful ways of advising clients,taking into account the emotional, legal andpractical aspects that affect this sensitivearea of the law.

The skills described in The Art of Family Lawwill help ensure a successful outcome toevery client interaction.

Contents: n People skillsn Effective communicationn The initial meetingn Methods of dispute resolutionn Creating choicen Analytical skillsn Childrenn Mediationn Managing a family law teamn Difficult clients and your survival

Tom Ballantine is a Mediator and specialistin family law accredited by the Law Societyof Scotland.

Anne Hall Dick is a Mediator and specialist infamily law accredited by the Law Society ofScotland.

2001978 0 414 01371 1Paperback£34.00

THE SCIENCE OF FAMILY LAWTools for Successful Practice

Anne Hall Dick and Tom Ballantine

The rules surrounding court aspects offamily work are significantly different fromother civil actions and are in a constant stateof flux. Keeping up to date with the law canbe difficult and it is essential for lawyers tounderstand procedures and paperwork.

This book provides family law practitionersand those working in the area of family lawwith a comprehensive and extremelypractical guide to approaching drafting andcourt work.

Contents: n Equipment — key statutes; forms;

technologyn Information gathering and giving —

interview sheets; file layout; schedules; letters of engagement; chronology

n Separation agreements and notesn Initial writs — divorce and ancillary

orders; protective remedies; section 11 orders

n Interim hearings and interim steps — affidavits; motions and minutes; steps toforce disclosure

n Child welfare hearingsn Options hearingsn Debaten Proofn Legal aidn Appendix of court styles


Tom Ballantine is a Mediator and specialistin family law accredited by the Law Societyof Scotland.

2001978 0 414 01370 4Paperback£66.00

CHILD AND FAMILY LAW2nd Edition

Elaine E. Sutherland

There have been enormous developments inpolicy, law and practice since the first editionof Child and Family Law in 1999. The fullimplications of the Children (Scotland) Act1995 have been worked through and freshapproaches found for children in changingand troubled families. A broader range ofadult relationships are now recognised bythe legal system, with implications not onlyfor the formation and consequences ofthese relationships, but also for whathappens on breakdown.

This is a comprehensive and authoritativetext designed to assist practitioners, studentsand scholars with this increasingly complexarea of law.

Full account is taken of statutory developments including the Adoption andChildren (Scotland) Act, the AntisocialBehaviour etc. (Scotland) Act 2004, the CivilPartnership Act 2004, the Family Law(Scotland) Act 2006, the Gender RecognitionAct 2004, the Protection of Children(Scotland) Act 2003, the Protection ofChildren and Prevention of Sexual Offences(Scotland) Act 2005 and the VulnerableWitnesses (Scotland) Act 2005.

Contents include:n The Functions of Child and Family Law

and the Role of the Staten Natural Legal Personality and Status n Children’s Rightsn Children, Parents and Other Family

Members n Adoptionn Parental Responsibilities and Rights:

Definitions and Acquisitionn Children and Families in Operationn Financial Support for Childrenn Child Protectionn The Children’s Hearings Systemn Intimate Adult Relationshipsn The Family Homen How Intimate Adult Relationships

Terminaten Terminating Intimate Adult

Relationships: The Consequences

Elaine E. Sutherland is Professor of Child andFamily Law at Stirling University and aProfessor at Lewis and Clark Law School,Portland, Oregon. She is a noted expert inchild and family law and has publishedextensively on this subject.

2008978 0 414 01630 9 Hardback £154.00



CHILD CENTRED FAMILY LAW PRACTICEAlison Cleland and Anne Hall Dick

A practical guide to dealing with childreninvolved in family law disputes and advisingchildren as clients. Children can and doappoint their own solicitors for mattersregarding family law, education andwelfare. Given the increasing awareness of,and emphasis on children’s rights throughthe enforcement of the Children (Scotland)Act 1995 and particularly with the introduction of the Human Rights Act 1998,this trend is likely to continue.

This book sets out, in an accessible way,practical steps to promote child-centredpractice e.g. during litigation, with anemphasis on court procedures, draftingletters, styles, interviews and the role of thecurators.

Contents: n Child developmentn Children’s reaction to parental

separationn Advising adults on children’s needsn The process of mediationn Child-centred practice in litigationn The role of the curator/reporter; child

clients

Alison Cleland is a Lecturer in Law at theUniversity of Auckland.


2001978 0 414 01388 9Paperback£41.00

CHILDREN’S HEARINGS IN SCOTLAND2nd Edition

Professor Kenneth McK. Norrie

The children’s hearing system is unique toScotland and is governed by statute andstatutory instrument. The Children(Scotland) Act 1995 and regulations madeunder it radically reform the system,changing procedures to be followed byreporters, panel members and lawyersinvolved in appeals.

This updated edition provides a practicalguide to the whole process from initialinvestigation through determination by thehearing to termination of any supervisionrequirement.

Full account is taken of the new legislationand regulations, together with thesubstantial body of case law which has beenbuilt up since the inception of the originalsystem in 1971.

Contents: n Personnel of the systemn Pre-hearing investigationsn Grounds for referraln Procedures at the hearingn Referrals to the Sheriffn Consideration and disposal of the casen Supervision requirementsn Advice and remit hearingsn Reviews and supervision requirementsn Warrantsn Appealsn Emergency protection of children


2005978 0 414 01587 6Paperback£69.00

CHILD ABUSE, CHILDPROTECTION AND THE LAWAlison Cleland

Child Abuse, Child Protection and the Law isthe first Scottish text to analyse the lawrelating to child abuse in terms ofprevention, protection and proactivity.Providing the broadest possible coverage ofthis subject, the author offers detailedguidance on both the civil and criminal lawmechanisms relating to the protection ofchildren and the prosecution of sexualoffences. The author also discusses the policybehind the law, as well as looking at preventative measures and the interface ofthe child protection and criminal justicemechanisms.

This book will be essential reading forcriminal and family lawyers, social workers,medical practitioners, police and youthworkers.

Contents:n Legal Recognition and Definitions of

Child Abusen The Modern Child Protection Processesn Data Protection, Disclosure of

Information and Confidentialityn Offences against Children and Young

Peoplen Consequences of Prosecution and

Conviction n Civil Law Mechanisms for Protectionn Consequences of Civil Law Mechanismsn Prevention or Proactivity? The Way

Forward


20089780 414 01607 1Paperback£46.00


CHILDREN’S RIGHTS IN SCOTLAND3rd Edition

Alison Cleland andElaine E. Sutherland

Children’s rights is a concept which hasfinally become an accepted part of the legallandscape. How Scottish law approachesissues involving children is of increasingimportance for lawyers and those workingwith children.

This book addresses the law and practice inScotland and its significance for children,parents and their legal, and other, advisers.Children’s Rights in Scotland analyses childlaw in the light of international conventionsand, in particular, The European Conventionon Human Rights and the United NationsConvention on the Rights of the Child.

The 3rd edition has been comprehensivelyrevised to take into account recentdevelopment and new chapters have beenadded to cover immigration and asylum, theprotection of children from sexualexploitation and children and the media.

Contents: n Children’s rights in Scotland — where

are we?n The history and philosophy of children’s

rights in Scotlandn Children’s rights and international

instrumentsn Equal opportunities? Race, gender,

disability and childrenn The child’s identityn Care of the child within the familyn Child abductionn The child’s right to care and protectionn Adoptionn The child’s right to be heard and

represented in legal proceedingsn Medical treatmentn The child’s right to educationn The school of hard knocks: employment

of childrenn Protection from sexual exploitationn The child and the median Asylum and Immigrationn The child in conflict with the law

Appendices:n European Convention on human rightsn Convention on the rights of the childn UK reservation and declaration


Elaine E. Sutherland is Professor of Child andFamily Law at the University of Stirling and aProfessor at Lewis and Clark Law School,Portland, Oregon. She is a noted expert inchild and family law and has publishedextensively on this subject.

2009978 0 414 01590 6Paperback£47.00

COHABITATION2nd Edition

Fiona Kendall, Kirsty Malcolm andDorothy Kellas

Focusing on law and styles, this is a highlypractical guide for dealing with the issuessurrounding cohabitation.

Cohabitation deals with the practical implications of such a relationship, coveringproperty, cohabitation agreements, privateclient issues, delict and pensions implications.

Preventative measures for clients transferring property, setting up pensionplans, dealing with taxation etc arediscussed as are remedies for when therelationship breaks down including unjustified enrichment.

Cohabitants’ rights and interests in relationto third parties such as pensions providersand Benefits Agency are also considered.

Contents:n Part 1 — Rights and responsibilities

between cohabitantsn Part 2 — Children n Part 3 — Rights and obligations between

cohabitees and third partiesn Part 4 — Comparison with other legal

systems and Proposed reforms

Appendices:n Style clauses for cohabitation

agreements dealing specifically with children and property issues.

n Style writs: unjustified enrichment, division or sale, action for delivery and damages, specific Implement.

Fiona Kendall, Kirsty Malcolm and DorothyKellas are all solicitors.

2011978 0 414 01826 6Hardback + CD-ROMc.£75.00 + £3.75 VAT = £78.75

DOMESTIC ABUSE ANDSCOTS LAWGeneral Editor: Helen Hughes

This multi-author book has been written bya combination of professionals andacademics all regarded as experts in theirparticular fields. The aim of the book is toprovide a comprehensive and practical guideon all aspects of Scots Law in relation todomestic abuse. Designed to be accessible tosolicitors, advisers and all those seekinginformation and guidance in cases ofdomestic abuse.

As well as covering the law as it relates todomestic abuse and the obtaining ofprotective orders this title also providespractical information and guidance inrelation to other areas of the law that comeinto play in domestic abuse cases such as:

n criminal procedures n criminal injuries compensationn the role of the Children’s Hearing systemn the impact of domestic abuse from a

psychological point of viewn what the media can and cannot report n information in connection with

Government response and strategies in domestic abuse cases.

Helen Hughes is a partner with McAuley,McCarthy & Co Solicitors and is past Chair ofthe Family Law Association.

Paul Brown is Principal Solicitor and ChiefExecutive of the Legal Services Agency.Clare Connelly is a Senior Lecturer at theUniversity of Glasgow law School.

Margaret Hughes is a Senior Lecturer inJournalism at the University of the West ofScotland.

Paul Lynch is a Partner with Tod & MitchellCriminal Defence Solicitors.

Professor Kenneth Norrie is Professor of Lawand Head of School at the University ofStrathclyde.

Dr Mairead Tagg is a psychologist andspecialist in domestic abuse.

2011978 0 414 01788 7Hardbackc.£60.00

FAMILY AND SOCIAL WELFARE 44

NEW EDITION NEW TITLE


FAMILY AND SOCIAL WELFARE 45

FAMILY2nd Edition

LAWBASICS

Elaine E. Sutherland

Generations of students have had to rely ona combination of scribbles and photocopiesas their sole ally when attempting to makesense of the previous terms’ work. No more.Inside each LawBasics title you will findinformation on the general principles, thekey cases and the important statutes,supplemented with model answers tospecimen examination questions.

Family LawBasics, 2nd Edition providesstudents of all disciplines, legal and related,with the ideal introduction to the operations and workings of family law inScotland. This excellent pre-examinationguide approaches the subject in a clear anduncomplicated fashion and contains all thenecessary information required to guide theuser towards the development of a basicunderstanding of the subject.

Coverage includes:n Natural legal personalityn Children, parents and other

family membersn Adoptionn Parental responsibilities and rightsn Child protectionn The Children’s Hearing Systemn Getting into Intimate Adult

Relationshipsn The Consequences of Intimate Adult

Relationshipsn Divorce and Civil Partnership Dissolutionn The Consequences of Terminating

Intimate Adult Relationships

Elaine E. Sutherland is Professor of Child andFamily Law at Stirling University and aProfessor at Lewis and Clark Law School,Portland, Oregon. She is a noted expert inchild and family law and has published extensively on this subject.

2008978 0 414 01579 1Paperback£12.50

FAMILY LAW2nd Edition


Lilian Edwards and Anne Griffiths

An excellent new edition in the GreensConcise Scots Law series, giving practical andauthoritative analysis on this key area ofScots law.

This title takes account of all importantlegislation including recent changes such ascivil partnerships and the Family Law(Scotland) Bill.

Contents:n Personalityn Who is parent? n Rights of the childn Legal capacity of the childn Relationship between children and

parentsn Relationship between children and

non-parentsn Child into adult — reaching 16n Legal aspects of adult relationshipsn Breakdown of relationshipsn Deathn State intervention

Anne Griffiths is a Professor of Law at theUniversity of Edinburgh.

Lilian Edwards is a Professor of Law at theUniversity of Southampton.

2006978 0 414 01395 7Paperback£41.00

FAMILY LAW REFORMGREENS ESSENTIAL LEGISLATION

Professor Joe Thomson

This title contains the full text of the newFamily Law (Scotland) Act 2005 with detailedannotations by an acknowledged expert, italso includes the full Matrimonial Homes(Family Protection) (Scotland) Act 1981 andthe Family Law (Scotland) Act 1985 asamended, the Scottish section of the CivilPartnerships Act 2004 and selected sectionsof other amended legislation.

This title is an essential purchase for familylaw and private client practitioners, assistingthem to keep up to date with the mostcomprehensive change in family law inrecent years and to understand its effect onexisting legislation.

Contents:The Full Actn Family Law (Scotland) Act 2005 with

annotationsn Family Law (Scotland) Act 1985n Matrimonial Homes (Family Protection)

(Scotland) Act 1981

The Scottish Sectionn Civil Partnerships Act 2004

The Major Amended Sections fromn Adults with Incapacity (Scotland) Act

2002n Protection from Abuse (Scotland) Act

2001n Children (Scotland) Act 1995n Law Reform (Parent and Child)

(Scotland) Act 1986n Administration of Justice (Scotland)

Act 1982n Land Registration (Scotland) Act 1979n Marriage (Scotland) Act 1977n Divorce (Scotland) Act 1976n Damages (Scotland) Act 1976n Children (Scotland) Act 1975n Domicile and Matrimonial Proceedings

(Scotland) Act 1973n Sheriff Courts (Scotland) Act 1907

Joe Thomson was formerly a Scottish LawCommissioner and Regius Professor of Lawat the University of Glasgow.

2006978 0 414 01659 0Paperback£49.00



GREENS FAMILY LAW BULLETIN6 issues a year

Editors: David Nichols and Andrew T. F. Gibb

“The bulletin goes much further than correlating information contained in otherlegal periodicals. The articles that haveappeared to date have been topical, highlyinformed and informative, but short andquickly read. The bright and brief formatand bimonthly arrival combine to make thisa welcome publication for the busy familylawyer.”Margaret Ross, Journal of the Law Society

What Greens Family Law Bulletin can do foryou:n Examines, explores and offers opinion

on all recent case law developmentsn Publishes in six issues per year to allow

for the speedy development of an up-to-date and detailed information system

n Lets you have you the information you need, when you need it

n Gives regular updates on developments and new legislation

n Contains all the relevant facts and information in one easily referenced source

n Provides you with quick and easy access to legislation and information

n Does the reading for you, thus negating the need for extensive cross-referencing

n Saves you valuable time

Recent coverage includes:n Ten tips for financial provision in a

recessionn Cohabitants’ s.29 claims where there is

no executorn Child abduction: A new interpretation?n Act in haste/love — Repent at cost!n The new cohabitation rules: A study of

legal practitioners’ perspectives

Dr David Nichols teaches part-time at theSchool of Law, University of Edinburgh.

Andrew T. F. Gibb is a Partner at Balfour andManson.


GREENSFAMILY LAW REPORTS6 issues a year

Editor: Janys M. Scott QC

“The vast increase in decisions, both fromthe sheriff court and the Court of Session onmatters relating to family law (in the broadsense) make the appearance of a specialistset of reports both timely and welcome. The publishers and editors are to be congratulated for producing a series ofreports which may well become theautomatic port of first call for anyone whopractices or studies what is, and is likely toremain, a fast-moving area of the law.”Professor Kenneth McKenzie Norrie,University of Strathclyde.

Greens Family Law Reports is a specialistpublication dedicated to the speedyreporting of family law cases from thesheriff court, Court of Session and whereappropriate, the House of Lords and Europe.

n With six issues a year, reports are prepared quickly and will often appear before any other law reporting service

n Previously unreported cases are reportedfor the first time

n Reports deal with key points for family lawyers

n Editors’ notes highlight issues of significance

Areas covered include:n Adoptionn Matrimonial homen Residence ordersn Contactn Divorcen Children’s hearingsn Child abductionn Parental responsibilities and parental

rights n Child supportn Alimentn Human rightsn Financial provisionn Education lawn Foreign custody order

Janys M. Scott QC author of Education Lawin Scotland (W. Green, 2003), andcontributor to the Family Law and EducationLaw sections of Green’s Human RightsService, is an Advocate and part-time Sheriff.She is Chairman of the BAAF Scottish LegalGroup and Joint Vice-Chair of the Advocates’Child and Family Law Group.


THE LAW OF HUSBAND AND WIFE IN SCOTLAND4th Edition

SULI

Eric M. Clive

“Time and again, lawyers will turn to thisbook to find the answers to any legalquestion which involves spouses.”J. M. Thomson, Journal of the Law Society(Review of the Third Edition)

The fourth edition updates this authoritativework to take account of developmentsincluding new procedures for divorce byfamily action in the sheriff court and Courtof Session, the treatment of pensions ondivorce and orders for child residence andcontact.

Contents: n Development of the law n Formation of marriagen Legal effects of marriagen Termination of marriage

Eric M. Clive is a former member of theScottish Law Commission.


1997978 0 414 01153 3Hardback£145.00


THE LAW RELATING TO PARENT AND CHILD INSCOTLAND2nd Edition

SULI

A. B. Wilkinson and Professor Kenneth McK. Norrie

“Practitioners will not want to be withoutthis definitive modern statement of a mostimportant subject.” Scottish Law Gazette

This second edition of the definitive practitioner text on the law relating toparent and child in Scotland has been fullyrestructured to take account of the changesintroduced in the Children (Scotland) Act1995.

Thoroughly revised and updated in allaspects, this edition also includes a newchapter on child support by Professor PeterRobson.

Contents: n Ante-natal issuesn Constitution of the parent-child

relationshipn Adoption of childrenn Surrogacy and parental ordersn Guardianshipn Parental responsibilities and parental

rightsn Court orders, international aspectsn Education of childrenn Aliment and child supportn Capacity and legal representation of

childrenn Local authority care of childrenn Transference to local authority of

parental rights and responsibilitiesn Fostering, residential and temporary

care of childrenn Children’s hearingsn Interim protection of children

A. B. Wilkinson is a former Professor of ScotsLaw at the University of Strathclyde.



1999978 0 414 01251 6Hardback£145.00

FINANCIAL PROVISIONON DIVORCE AND DISSOLUTION OF CIVILPARTNERSHIPSAlan Bayley

This new title is the essential, fingertip guideto all major financial provisions on divorce,comprising extracts from authorities on thesubject with examples of how it operates inpractice.

Financial Provisions on Divorce is aconvenient and practical text, easy to useand includes reference to pertinent quotesfrom the key authorities, linked to therelevant case law.

This text looks at all the new legislation inthis area and covers the increasinglyimportant topic of pension sharing. Witheverything you need for advising clients inone place, this title is extremely helpful andsaves valuable time spent on detailedresearch.

Contents:IntroductionAn Overview of Financial Provisions

Section 8 — The Ordersn Orders for Payment of a Capital Sum n Transfer of Property Orders n Periodical Allowance n Pension Lump Sums n Pension Sharing Ordersn Incidental Orders

Section 9 — The Principlesn Fair Sharing of Matrimonial Property n Fair Account of Economic Advantages

and Disadvantages n Sharing the Future Child Care Burdenn Adjustment to Loss of Supportn Serious Financial Hardshipn Conduct

“Special Circumstances”n The terms of any agreement between

the partiesn The source of funds or assetsn Destruction, Dissipation or Alienationn The Nature and Use of Propertyn Liability for Expense of Valuation or

Transfern Other special circumstancesn Interim Alimentn Orders for Provision of Details of

Resourcesn Orders made after Divorce

Alan Bayley is a partner at Stodarts solicitorsand a tutor on the Diploma in Legal Practiceat Glasgow University.

2008978 0 414 01629 3Hardback£62.00

SCOTTISH FAMILY LAW LEGISLATIONRegular Updates

George Jamieson

Family law in Scotland has undergoneextensive revision in recent years. Thislooseleaf encyclopedia provides detailedguidance on family law with learnedannotation to the primary legislation.

Scottish Family Law Legislation will ensurethat family law professionals can beconfident that every commencement,amendment, insertion, deletion and repealhas been taken into account.

Contents: Presented in divisional format, the contentsare extensive and include:n Maintenance Orders (Reciprocal

Enforcement) Act 1972 n Civil Jurisdiction and Judgments Act

1982n Family Law (Scotland) Act 1986n Children (Scotland) Act 1995n Civil Partnership Act 2004n Changes brought in by the Family Law

(Scotland) Act 2006n Adoption and Children (Scotland) Act

2007n Child Maintenance and Other Payments

Act 2008n Procedural Rulesn Other Statutory Instrumentsn International Instrumentsn EU Regulationsn Acts of Court/Practice Notesn Official Guidance and Directions

George Jamieson is a Sheriff at Dumfriesand Galloway Sheriff Court.




FAMILY AND SOCIAL WELFARE | GENERAL AND REFERENCE48

SCOTTISH SOCIAL WORK LEGISLATIONRegular Updates

“Dynamic development neverthelesscontains major milestones, and sometimeshistoric ones which become reference pointsfor the future. The publication of this bookis such a milestone.”Adrian D. Ward

The practice of social work in Scotlandrequires an ever greater awareness of howthe law operates in practice. Scottish SocialWork Legislation sets out the variousprimary and secondary legislation by subjectarea and provides social workers and theirlegal advisers with a comprehensive workingstatement of the law. Annotated with thenon-legally qualified social worker in mind.

Contents: n Division A: Introductionn Division B: Adoption and fosteringn Division C: Children and child caren Division D: Chronic sickness and disabilityn Division E: Community caren Division F: Educationn Division G: Housingn Division H: Mental healthn Division Ha: Adults with incapacityn Division I: Offendersn Division J: Miscellaneous

Recent additions include:n A fully updated Division A, Introductionn Updated annotations to the Mental

Health (Care and Treatment) (Scotland)Act 2003

n The Sexual Offences (Scotland) Act 2009with a General Note and Introduction

n The fully annotated Act of Sederunt(Sheriff Court Rules Amendment)(Adoption and Children (Scotland) Act2007) 2009

n The relevant annotated sections of theRent (Scotland) Act 1984

n The relevant sections of the Protectionof Vulnerable Groups (Scotland) Act2007, along with an Introductory Note

978 0 414 01209 73 Volume Looseleaf£605.00Updating releases charged for onpublication

SOCIAL WORK LAW IN SCOTLAND2nd Edition

General Editor: Lisa Gibbons-Wood

This is the eagerly awaited second edition ofa well loved, successful title. Social WorkLaw in Scotland is designed for use bystudents on social work degrees as well asthose in the profession and has beenupdated to take into account importantlegislative changes, including:n Community Care and Health (Scotland)

Act 2002n Mental Health (Care and Treatment)

(Scotland) Act 2003n Civil Partnerships Act 2004n Antisocial Behaviour etc. (Scotland) Act

2004n Education (Additional Support for

Learning) (Scotland) Act 2004n Management of Offenders (Scotland)

Act 2005n Family Law (Scotland) Act 2006n Custodial Sentences and Weapons

(Scotland) Act 2007

Contents:n Social Work Law and the Social Worker n The Scottish Legal Frameworkn Parents, Children and Family

Relationshipsn Care and Protection of Childrenn Education Lawn Law Relating to Vulnerable Adultsn Community Caren Criminal Justice and ASBOsn Housing, Benefits and Debtn Equalities and Human Rightsn Refugee Law

With contributions from:Craig Anderson, Diego Quiroz-Onate,Jennifer Richmond, Laura Sharp, Alison Stuart and Linda Taylor

2008978 0 414 01448 0Paperback£33.00

UNDERSTANDING SCOTS LAWAn Introduction to Scots Law, Procedure andLegal Skills

Christina Ashton et al

Understanding Scots Law is a comprehensive yet accessible title, specifically designed to generate knowledgeand understanding of the Scottish legalsystem.

A team of highly skilled contributors haveexamined all significant areas of Scots Law,with detailed explanation providedthroughout the text.

The subject areas closely reflect materialtaught on BA Law (or equivalent) andHND/C Legal Services qualifications, makingthis an ideal introductory guide for ScotsLaw students.

User friendly with five main parts:Introduction to the Scottish Legal Systemn Sources of Scots lawn Structure of the legal system

Public Lawn Constitutional Lawn EU dimension to the Scottish legal

systemn Human rightsn Criminal Law

Scots Private Lawn Contractn Consumer Lawn Employmentn Commercial Lawn Delictn Propertyn Trustsn Successionn Family

Proceduren Civil litigationn Criminal procedure

Skillsn Legal skills

2007978 0 414 01691 0Paperback£31.00


GENERAL AND REFERENCE49

GLOAG & HENDERSON: THE LAW OF SCOTLAND12th Edition

General Editors: The Hon. Lord Coulsfield andProfessor Hector MacQueenAssistant Editors: David L. Carey Miller, Laura J. Dunlop QC, W. C. H. Ervine, NicholasGrier, David Nichols and Morag B. Wise QC

“It says much for the place of honouroccupied by this work in the repository ofScots Law that it will, no doubt for generations to come, continue to be knownsimply as G&H”. David Field, Scottish Law Gazette

After 80 years in print, this publication is stillreferred to as ‘the’ work of reference on thelaw of Scotland.

As with previous editions, legislative changeshave affected many of the topics includedwithin the text of Gloag & Henderson. Thisnew edition incorporates all relevantchanges in the law since the last edition in2001. Unprecedented levels of legislationhave been passed since this time and arecovered in the text, including:n Adoption and Children (Scotland) Act

2007n Adult Support and Protection (Scotland)

Act 2007n Bankruptcy and Diligence etc (Scotland)

Act 2007n Crofting Reform etc. Act 2007n Companies Act 2006n Consumer Credit Act 2006n Family Law (Scotland) Act 2006n Housing (Scotland) Act 2006n Civil Partnerships Act 2004n Agricultural Holdings (Scotland) Act 2003n Land Reform (Scotland) Act 2003n Mental Health (Care and Treatment)

(Scotland) Act 2003n Title Conditions (Scotland) Act 2003

The Hon. Lord Coulsfield was a Judge in theCourt of Session and formerly sat on theEmployment Appeal Tribunal.

Hector MacQueen is Professor of Private Lawat the University of Edinburgh.

2007978 0 414 01591 3Hardback£210.00

GLOSSARY OF LEGAL TERMS5th Edition

LAWBASICS

Stephen R. O’Rourke

“An extremely valuable vade mecum for thetyro”. William J. Stewart of the Third Editionby A. G. M. Duncan, Scots Law Times

The Glossary of Legal Terms LawBasics, 5thEdition is an essential reference guide, withstraight-forward, precise definitions.

A popular resource for students since it’sfirst publication in 1946, Stephen O’Rourke’sfifth edition, published in the popularLawBasics series, brings the glossary fully upto date. As well as definitions of terms usedin today’s legal practice, you will also findimportant explanations of words andmaxims commonly found in older casestextbooks and legal manuscripts.

Essential coverage:n An A-Z of Scots lawn 1,500 key terms explainedn Crisp, authoritative definitions of past

and present legal termsn A concise list of legal abbreviations and

acronymsn Unrivalled and indispensable

An invaluable tool for anyone involved orinterested in legal matters in Scotland,including:n Students, practitioners, paralegals and

legal secretariesn Accountants, insurers, surveyors and

bankersn Legal historians, archivists and

genealogistsn CAB advisors and journalists

Stephen R. O’Rourke is an Advocate.

2009978 0 414 01753 5Paperback£12.50

100 CASES THAT EVERY SCOTS LAW STUDENTNEEDS TO KNOW2nd Edition

LAWBASICS

General Editor: Professor Kenneth McK. Norrie

Fully updated in line with current law thispopular title is designed as a learning aidand written in an informal style. The book isan exposition of 100 of the major cases,which have either created or illustrate well,the legal system as we know it today. Thecases have been chosen primarily for illustrating important points of law in alarge variety of legal disciplines.

Publishing in the LawBasics series this bookis a helpful easily digestible guide to thedevelopment of case law in Scotland, fromthe Union of the Parliaments to Devolution.

100 Cases LawBasics is presented in a clear,concise and accessible format. Written inchronological order, it can be read in thatorder or dipped into for particular cases ortopics of interest.

Contents: Listed below are just some of the 100 casesincluded:n Ghaidan v Mendozan Hedley Byrne & Co. v Heller & Partnersn Osman v UKn Salomon v Salomon & Co Ltdn Drury v HMAn Associated Provincial Picture Houses Ltd

v Wednesbury Corporation

Written by past and present staff at theUniversity of Strathclyde Law School

2010978 0 414 01773 3Paperback£18.50



SCOTS LAW TIMES

n Paper Service: 40 paper parts + two bound volumes

n Full Service: 12 DVDs + 40 paper partsn DVD Service: 12 DVDs, issued monthly

Scots Law Times is the only law reportercontaining coverage from every Scottishcourt, civil and criminal, from the sheriffcourt to the House of Lords, in a singleservice.

In addition to over 1,200 pages of lawreports each year, Scots Law Times includesa news section which contains topicalarticles, reviews of the latest publications,court news, business changes and case commentaries.

Scots Law Times is available through variousoptions — detailed below — to ensure youreceive the best service to suit your needs.Current and new subscribers seeking furtherinformation on the options available tothem should contact their Direct SalesExecutive or call Greens direct on 0131 2254879.

Scots Law Times reports back to 1893 arealso available on Westlaw UK Scots Law.For further information go to www.westlaw.co.uk or call 0800 028 2200.

PAPER SERVICEComprising weekly parts and boundvolumes, consolidating issues published inthe year.

ISSN 0036-908X£976.00

A 50% discount on this service is available tostudents and lecturers.

2010 bound volume available to purchaseseparately

2010978 0 414 01839 6c.£455.00

FULL SERVICEComprising weekly paper parts plus amonthly DVD.

ISSN 2000-CDPR

Law Firms — up to 20 Lawyers **1£1,497.00 + £177.87 VAT = £1,674.87VAT*1 re DVD

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Sole Practitioners£1,215.00 + £121.50 VAT = £1,336.50VAT*1 re DVD

DVD SERVICE Comprising 12 monthly DVD releases peryear.

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IMPORTANT INFORMATION ON ADDITIONAL CHARGES THAT MAY APPLY*1 VAT charged on digital portion of

subscription rate*2 VAT charged on full rate**1 An additional £35.00 + VAT charge will

be made for each user above the stated amount

All New Subscribers — Law Firms/PublicCorporate/Academic/OverseasAn initial, one-off charge of £435.00 +£76.13 VAT = £511.13 VAT*2 applies to DVDoptions (Full Service or DVD Service) inaddition to the relevant subscription rate.

All New Subscribers — Sole Practitioner An initial, one-off charge of £311.00 +£54.43 VAT = £365.43 VAT*2 applies to DVDoptions (Full Service or DVD Service) inaddition to the relevant subscription rate.

“New Subscribers” refers to any subscriberwho did not subscribe to a Scots Law TimesDVD service in the preceding 12 months tostarting their subscription.

GREENS WEEKLY DIGEST40 issues a year

Greens Weekly Digest provides digests of alljudicial decisions received by W. Green,providing you with early information on thelatest developments in case law. Coverageincludes decisions from: the Court of Session,the High Court of Justiciary, the House ofLords and Privy Council in Scottish Appeals,the Scottish Land Court and Lands Tribunal,and the sheriff court.

No other printed information servicematches its performance for quality ofcontent, breadth of coverage and speed ofdelivery.

Greens Weekly Digest is the perfectcompanion to Scots Law Times, providingadvance notice of decisions of legal significance to be reported in full in ScotsLaw Times. It also provides a record ofdecisions not of sufficient precedent value toreport in full, but which may be of interestto practitioners who have cases similar onthe facts or as instances of application of thelaw.

Enhance Greens Weekly Digest by addingthe useful email option. Greens WeeklyDigest subscribers can now add a handyemail version to their paper subscription toreceive the weekly issues, not only in thestandard paper format, but also via email,ensuring all staff can access the content ofthe latest issues directly from their desktop.

The email service includes hypertext links toall decisions on the Scottish Courts website,allowing for more in-depth research.

For further information, please call:0845 603 8346

STANDARD SUBSCRIPTION RATE:£316.00

STANDARD RATE FOR STUDENT/LECTURER:£158.00

ISSN: 0955-4491

If you are interested in the savings availablewhen combining Scots Law Times, GreensWeekly Digest with the Current Law Service,please refer to Greens Complete PeriodicalService.

The dates on which both Scots Law Timesand Greens Weekly Digest issues are dueNOT to publish in 2011 are:7, 14 January; 22, 29 April; 6 May; 29 July;5, 12 August; 16, 23 September; 23, 30December. (These dates are correct at thetime of printing though may be subject tochange without prior notice, due tounforeseen circumstances.)



GREENS COMPLETEPERIODICAL SERVICECOMPRISING SCOTS LAW TIMES , GREENS WEEKLY DIGEST AND CURRENT LAW A AND SCOTLAND(Full Service)

SCOTS LAW TIMESThe weekly publication for the Scottishlawyer is required and stimulating reading.Articles; news; full reports of cases in allScottish courts and Scottish decisions in theHouse of Lords. Includes a bound volumeservice containing all the year’s issues.

GREENS WEEKLY DIGESTGreens Weekly Digest digests all judicialdecisions received by Greens, providing youwith early information on case law.Coverage includes decisions from: the Courtof Session, the High Court of Justiciary, theHouse of Lords and Privy Council in ScottishAppeals, the Scottish Land Court and LandsTribunal, and the sheriff court.

CURRENT LAW SERVICE A AND SCOTLAND:Contains cases, statutes, circulars, tribunaldecisions, statements of government policy.Covers the whole of the UK and carries aEuropean section.

0265-61WGGreens Complete Periodical Service£2,415.00

Student/Lecturer:£1,208.00

PARLIAMENT HOUSE BOOKREGULAR UPDATES

Six looseleaf volumes which are indispensable to the Scottish legalprofession, comprehensively updated fivetimes per year.

Provides, in amended and updated form, thekey statutes and subordinate legislationused by Scottish practitioners.

Contents: Volume IDivision B — Courts, upperDivision F — Solicitiors

Volume IIDivision C — Court of Session practice(annotated by Sheriff N Morrison, QC)

Volume IIIDivision A — Fees and stampsDivision D — Courts, lowerDivision G — Legal aid

Volume IVDivision H — Bankruptcy and other

mercantile Division I — Companies

Division VDivision K — Family LawDivision M — Succession, trusts, liferents

and judicial factors

Division VIDivision E — Licensing Division J — Conveyancing, land tenure and

registrationDivision L — Landlord and tenant


JURIDICAL REVIEWThe Law Journal of the Scottish Universities4 issues a year

Editor: Professor Joe Thomson

The Juridical Review is Scotland's leadingrefereed law journal. It is an invaluablereference for academics and practitionersalike.

Four issues a year ensures you are kept up-to-date with current legal thinking.

Juridical Review contibutors continue toprovide innovative and authoritative articlesof the highest quality. Here is just a sampleof the articles published in Juridical Reviewin 2010:

n South Africa’s Civil Union Act 2006:A Scottish perspective

n The landlord's hypothec:Down but is it out?

n The Scottish Parliament,pleural plaques and the courts

n The University College London BenthamClub Presidential Address 2010:In law, is procedure really that important?

n “British jobs for British workers”:The problem of collective agreementsin the United Kingdom

n The assignment provisions of the DraftCommon Frame of Reference

The editor of Juridical Review welcomescontributions from legal professionals. Tocontribute articles, and notes for case andcomment please contact:[email protected]

Professor Joe Thomson was formerly RegiusProfessor of Law at the University ofGlasgow.


50% discount to academics/lecturers andstudents: £120.00



LEGAL RESEARCH SKILLS FOR SCOTS LAWYERS2nd Edition

Dr Karen L. Fullerton

“At long last, an internet savvy book onresearch skills. Although aimed primarily at students, it may be equally useful forpractitioners who need to brush up theirresearch skills or those who are unfamiliarwith the many electronic sources of law that now exists.”FIRM Magazine (of the first edition)

Legal Research Skills for Scots Lawyers 2ndedition is a fully revised edition of this user-friendly guide to researching Scots law.Within this book both electronic and paper-based information sources are detailed,along with search strategies and techniquesthat assist in effective location of relevantmaterial.

The author evaluates the properties of eachinformation source, allowing you to assessthe usefulness and relevance of each sourcein relation to your own work.

Additionally the book addresses researchskills, including: the investigation process;how to read, evaluate and reference thematerial researched; and how to make useof research findings to produce high qualitypieces of work. For online updates visit thestudent section of W. Green’s website(http://www.wgreen.co.uk).

Contents:n Table of Regnal Yearsn Introductionn Using Electronic Resources for Legal

Researchn An Introduction to Casesn Search Strategies for Finding Casesn Legislationn Search Strategies for Finding UK

Parliament Legislationn Search Strategies for Finding Scottish

Parliament Legislation (Pre-1707 and Post 1999)

n Information Sources of Relevance to the Scots Lawyer

n UK-Wide Legal Information Sources Which Exclude Scots Law

n EC Lawn International Lawn Topic Based Research and the Legal

Investigation Processn Making Effective Use of Informationn How to Use Your Research to Produce

High Quality Workn Appendix 1 — Summary of Search

Strategies for Finding Legal Information with Paragraph Numbers for Easy Reference

n Appendix II — Law Library Exercisen Appendix III — Electronic Resource Exercise

Dr Karen L. Fullerton is a Teaching Fellow atthe University of Aberdeen.

2007978 0 414 01589 0 Paperback £27.00

SCOTS LAW INTO THE 21ST CENTURYEssays in Honour of W. A. Wilson

Editor: Professor Hector MacQueen

Bill Wilson, who was Lord President ReidProfessor of Scots Law at the University ofEdinburgh, died in 1994.

This collection is dedicated to Bill Wilson’smemory: it develops themes of his writingsand teaching as well as being memoir andbibliography of his books and articles. Ateam of leading academic lawyers analysethe current state of Scots law and its futureprospects.

Hector MacQueen is Professor of Private Lawat the University of Edinburgh.

1996978 0 414 01140 3Hardback£118.00

SCOTS PRIVATE LAWProfessor Joe Thomson

This pioneering new title from Professor JoeThomson provides a systematic explanationof the underlying principles of Scots privatelaw. It fully explores each area of the topicand how these interrelate with other fieldsof private law, including property, obligations, trusts and succession, and thecreation, protection and transfer of wealth.It concludes with the law of persons, wherestatute has essentially gone beyond commonlaw rules.

Scots Private Law maps out each branch ofprivate law, giving the reader an overviewof the subject and showing how each arealinks together, before it is examined indetail. This innovative text simplifies thetopic by illuminating the major principleswithout the use of cases.

This book is an ideal guide for LLB and BALaw students, offering an understanding ofhow the different areas of Private Law interconnect, without getting caught up indetailed case law. It also provides a comprehensive understanding of the legalsystem as a whole and encourages a broaderawareness of the law and the principles onwhich rules are based.

ContentsChapter 1 What is Scots Private Law?Chapter 2 The Law of Property IChapter 3 The Law of Property IIChapter 4 The Law of Property IIIChapter 5 Voluntary Obligations IChapter 6 Voluntary Obligations IIChapter 7 Obligations arising from WrongsChapter 8 Reparation for Harm arising

from Fault or CulpaChapter 9 Unjustified EnrichmentChapter 10 TrustsChapter 11 The Law of SuccessionChapter 12 Family Law

Joe Thomson was formerly Regius Professorof Law at the University of Glasgow.

2006978 0 414 01656 9Paperback£25.00



SCOTS LAW TIMES INDEX(1961–1990)Editor: Robert Hunter

“The Index remains excellent value for practitioners.” Journal of the Law Society

Published in the centenary year of Scots LawTimes — an index covering all Scots LawTimes in the 30 years up to 1990, supplemented by the annual indexpublished for the succeeding years.

Editor Robert Hunter has compiled a quiteindispensable reference book for everysubscriber to Scots Law Times; it will speedup the consultation process to the benefit ofevery interested practitioner, librarian,student.

Annual cumulative updates of the Scots LawTimes Index are published to cement theutility of this essential publication.

1993978 0 414 00970 7Hardback£270.00

SCOTS LAW TIMES INDEX(1991–2002)

The latest cumulative supplement to ScotsLaw Times Index 1961–1990. Together theygive ready access in a single volume to allcases reported in over 40 years.

The 1991–2002 volume provides:n Case name indexn Subject matter indexn Index of cases judicially consideredn Index of statutes judicially consideredn Index of statutory instruments

considered

The index adds the large quantity of variousreports published in 2002 to the previoussupplement, giving users the ability toresearch in a single volume for all the casesreported since the period covered by themain 1961–1990 index.

2002978 0 414 01542 5Paperback£85.00

SCOTTISH CONTEMPORARYJUDICIAL DICTIONARYWilliam J. Stewart

“What we have here is a useful compilationwhich should provide a guide for the busypractitioner faced with the problem — Whaton earth does that mean?”Journal of the Law Society

Scottish Contemporary Judicial Dictionary isa modern-day collection of words andphrases judicially defined and commentedon by the Scottish courts.

The book provides the practitioner withjudicial definitions of the ordinary words ofthe English language. It provides invaluableassistance to litigation lawyers seeking toargue a particular interpretation. It isespecially invaluable to any lawyer draftingdocuments.

Scottish Contemporary Judicial Dictionaryprovides the only alternative to lexicographers’ definitions of ordinaryEnglish words. A worthy successor to Gibband Dalrymple and an excellent workingtool for the busy lawyer.


1995978 0 414 01008 6Hardback£228.00

SCOTTISH LAWYER’S FACTBOOKRegular Updates

The essential first point of reference for allScottish lawyers. This Factbook combinescomprehensive case legislation guidance andinformation with an emphasis on practical,straightforward answers to even the mostinfrequent and unusual proceduralquestions. It provides the answers you needquickly and simply, allowing the busy practitioner to provide a fast, efficientservice to clients.

Developed with the needs of the multi-tasking high street practice firmly tothe fore, Greens Scottish Lawyer’s Factbookis of considerable value to all practitionersfrom paralegal to senior partner.

The authority and quality of Greens ScottishLawyer’s Factbook is supported by an easilysearched CD-ROM and regularly updatedreleases. The combination of CD-ROM andlooseleaf binder format means that you canmove easily between sections, cases, legislation and procedure to find the information you need quickly and with theminimum of fuss.

Greens Scottish Lawyer’s Factbook has beenproduced in a practical, accessible style by ateam of leading practitioners.

Contents: n Court of Sessionn Sheriff courtn Criminal proceduren Personal injuryn Employment lawn Family lawn Executry practicen General conveyancingn Residential tenanciesn Licensing law (fully revised)n Disability discrimination

978 0 414 01343 8Looseleaf and CD-ROM£288.00 + £28.80 VAT = £316.80Updating releases charged for onpublication



GREENS SOLICITORSPROFESSIONAL HANDBOOK 2010–2011PARLIAMENT HOUSE BOOK

Contents include:n Solicitors (Scotland) Act 1980, as

amendedn Proceeds of Crime Act 2002n Solicitors (Scotland) (ARTL Mandates)

Rules 2006n CCBE Code of Conduct for European

Lawyers 2006n Scottish Solicitors’ Discipline Tribunal

Rules 2008n Guidelines on Form of Accounts and

Taxation 2005n Solicitors (Scotland) (Advertising and

Promotion) Practice Rules and Guidelines 2006

n Money Laundering Regulations 2007n Legal Profession and Legal Aid

(Scotland) Act 2007n Over 50 Practice Guidelinesn Professional Practice —

Where Can I Find It?

2010978 0 414 01807 5Paperback£35.00

New edition to publish Autumn 2011978 0 414 01843 3Paperbackc.£50.00

LAW, PRACTICE ANDCONDUCT FOR SOLICITORSAlan A. Paterson and Bruce Ritchie

This book is the definitive source for thoseseeking guidance on the rules concerningsolicitors practice, conduct and discipline. Itoffers an examination of the rationalebehind the rules and their practical application.

Finding consistency within the rules can bedifficult. Within this title the authors explorethe central features of ethical procedure andpractice, placing this diverse yet distinctivesubject into context and providing anarrative explanation of the processesinvolved.

Coverage includes:n Standards n Forms and requirements of practicen Obtaining and retaining clientsn Establishing the lawyer/client

relationshipn Taking instructionsn Extent of authorityn Confidentialityn Conflict of interestn Client propertyn The accounts rules, client interest and

money launderingn Fees, charging and taxationn Termination of the relationshipn Duties to third partiesn Duties to professional colleagues n Duties to the court n Complaints and discipline n Appendix 1 — The Code of Conduct for

solicitors holding practising certificates issued by the Law Society

n Appendix 2 — Code of conduct for criminal work

Alan A. Paterson is a Professor of Law at theUniversity of Strathclyde.

Bruce Ritchie is the Director of ProfessionalPractice at the Law Society of Scotland.

2006978 0 414 01439 8Hardback£75.00

THE LAW SOCIETY OFSCOTLAND DIRECTORY OFEXPERT WITNESSES 2010

Be confident that you’ve got the most comprehensive, current and quality sourceof expert witnesses working in Scotlandavailable.

n The only directory endorsed by The Law Society of Scotland

n Current contact details and information from the experts themselves

n Over 1,000 specialisms coveredn Over 350 checked expert witnesses

listed, living and working throughout Scotland

n Average number of annual instructions— compare profiles to find the mostqualified expert

n Number of reports written in the last3 years — know the experience ofyour expert

n Includes profiles of translators and interpreters in Scotland

n All experts are referenced and verified by Sweet & Maxwell and the Law Society of Scotland and agree to abide by a strict code of practice — guaranteeing you quality and reliability

2010978 0 414 01799 3Paperback£75.00


GENERAL AND REFERENCE | HOUSING, LANDLORD AND TENANT55

TRAYNER’S LATIN MAXIMS4th Edition

Foreword by: A. G. M. Duncan

The first edition of this work was publishedin 1861. Since then it has providedinvaluable guidance to students and practitioners. Meanings and applications ofLatin words and phrases are clearly illustrated. Phrases and maxims introducedby changes in the law up to 1993 are incorporated in this fourth edition.

Foreword by: A. G. M. Duncan,former Writer to the Signet.

1998978 0 414 01294 3Paperback£52.00

DILAPIDATIONSIN SCOTLAND2nd Edition

Malcolm F. Fleming, Julie McKinlay and Alan McMillan

This text provides lawyers and surveyorswith clear explanatory guidelines to thiscomplex area of the law. In an area which ispredominantly settled out of court, thisbook gives parties involved the assurancethat they are negotiating on the basis of thelaw as it stands. Covering commercial, andresidential tenancies, the authors advise onhow to interpret contract provisions andhow to access remedies.

Contents: n Common law and statute affecting

repairsn Residential tenanciesn Tenants’ obligations to repair under

provisions of the lease or contractn Relevant provisions of the leasen Landlords’ obligations to repair and

service chargesn Landlords’ and tenants remedies

Malcolm F. Fleming was formerly a Partnerwith Maclay Murray & Spens.

Julie McKinlay is a solicitor with EastAyrshire Council.

Alan McMillan is a Partner at BurnessSolicitors.

2003978 0 414 01513 5Paperback£54.00

GREENS HOUSING LAW REPORTS4 issues a year

Editor: Mike Dailly

Housing law has always been a major areaof work for many of Scotland’s legal practitioners, but many decisions on thesubject have been difficult to discover andobtain. Greens Housing Law Reports wasdeveloped in response to this need.

Contents: n Editorialn Reports — full reporting with

commentary

Areas covered include:n Landlord and tenantn Public sector housingn Unlawful eviction/harassmentn Homelessnessn Sub-standard housingn Mortgages/standard securitiesn Matrimonial homesn Conveyancing lawn Anti-social behaviour

Mike Dailly is Principal Solicitor with MikeDailly Solicitors who undertake all the legalwork for Govan Law Centre.

1364-274X2011 Annual Subscription Price: £305.00


RESIDENTIAL TENANCIES3rd Edition

Peter Robson and Andrew Vennard

“This text ... is probably one of the best references available to Scottish landlord and tenant law.”Letting Update

The third edition of this text on the complexfields of public and private sector lettingtakes full account of legislative and commonlaw developments, including the new forms.The appendix includes examples of leasesand specific advice regarding typicalproblems encountered by both landlord andtenant in practice.

Contents: n Lease contracts and statutory controlsn Repair and habitability of dwelling-

housesn Rentsn Recovery of possessionn Illegal eviction and harassmentn Local authority housingn Occupancy rightsn Succession

Peter Robson is Professor of Social Welfareat the University of Strathclyde.

Andrew Vennard is a Solicitor.

2011978 0 414 01817 4Paperbackc.£70.00

SCOTTISH LANDLORD AND TENANT LEGISLATIONRegular Updates

General Editor: David Brand

A comprehensive work, Scottish Landlord and Tenant Legislation is a looseleaf encyclopedia providing consolidated legislation affecting this complex area of thelaw, along with expert annotations givingguidance on the interpretation of theprimary legislation.

Includes annotations by:n Professor Robert Rennien Professor Michael Mestonn Professor Peter Robsonn David Steel, Dundas and Wilsonn Lionel Most, Alexander Stone & Con David C Coull, MacDiarmid & Craign Derek Flynn Keith Graham, Scottish Land Courtn Tom Guthrie, University of Glasgown Len Freedman, Harper MacLeod LLPn James McMorran, Harper MacLeod LLPn Professor Tom Mullen, University of

Glasgown Somerled Notleyn Eilidh Ross, Macleod & MacCallum

Recent additions include:n Full statutory updates to all divisionsn Updated annotations to the Rent

(Scotland) Act 1984 and the Housing(Scotland) Act 1988

n Updated annotations to the Crofters(Scotland) Act 1993

Contents: n Division A: Residential leasesn Division B: Retail and general

commercial leasesn Division C: Agricultural holdings and

crofts

David Brand was formerly a Senior Lecturerin Law at the University of Dundee.

978 0 414 01265 31 Volume Looseleaf£540.00Updating releases charged for onpublication

HUMAN RIGHTS2nd Edition

LAWBASICS


Fully revised and updated, Human RightsLawBasics provides the ideal revisionplatform for all those students preparing forquestioning on the law. An essential ally, thisexam-time read provides a clear and conciseanalysis of human rights law and contains allthe necessary information required for thedevelopment of a basic understanding ofthe subject.

Essential coverage is provided on:n The general principlesn Key casesn Important Statutes

Contents include: n Introduction: the European Convention

on Human Rights and its interpretationn The Human Rights Act 1998n The right to lifen The prohibition of torturen The right to libertyn The right to a fair hearingn The prohibition of retrospective

crimininalisationn The right to respect for private lifen The right to freedom of thought,

conscience and religionn The right to freedom of expressionn The right to freedom of assemblyn The right to peaceful enjoyment of

propertyn Other rights


2005978 0 414 01614 9Paperback£12.50

56HOUSING, LANDLORD AND TENANT | HUMAN RIGHTS

NEW EDITION


GREENS SCOTTISH HUMAN RIGHTS JOURNAL4 issues a year

Editor: Professor Alan Miller

Keeping abreast of the latest human rightsissues must remain at the fore for everyScots lawyer. Greens Scottish Human RightsJournal provides the perfect medium.

Greens Scottish Human Rights Journalguarantees the profession current anddetailed analysis and commentary on all thelatest human rights issues.

Encompassing 4 issues per year and focusingon all areas of legal practice, this journalcombines practical articles with case lawdigests, law reports and commentary. Suchan up-to-date information system ensuresthat practitioners are kept fully informedand advised on the implications of theHuman Rights Act 1998 for day-to-day legalpractice.

Contents: n Feature articlesn Current Awareness section including

selected case reports with expert commentary

Recent articles include:n Dignity in Care and the Scottish Human

Rights Commissionn The Scots Law of Confession:

Irretrievably Prejudicing the Rights ofSuspects?

n The Environment and Human Rights:Making the Connections

n The Human Rights Act 10 Years On:Origins, Impact and Destination

Professor Alan Miller is Chair of the ScottishHuman Rights Commission.


GREENS SCOTTISH HUMAN RIGHTS SERVICEGeneral Editor:Professor Alan Miller

Greens Scottish Human Rights Service is thefirst and only comprehensive source ofhuman rights legal materials in Scotland. It isthe essential work of reference on thisrapidly developing and important subject,providing expert and practical insight intothe impact of the Convention across all areasof Scots law practice. This significantlooseleaf draws together all Acts andsections of Acts, that have been created oramended through the European Conventionon Human Rights, while case digests bringtogether all the relevant case law fromScotland, the UK, Strasbourg andCommonwealth jurisdictions.

Contents: Division A — Proceduren Understanding the Conventionn European Court of Human Rights:

Practice and Proceduren Relevant legislation

Division B — Sources of Lawn The Human Rights Act 1998, with full

expert annotationn The Equality Act 2006, with full expert

annotationn The Scotland Act 1998, with full expert

annotationn Acts of Adjournaln The Scottish Commission for Human

Rights Act 2006, with full expert annotation

Division C — Case Digestsn Criminal law; Constitutional and

Administrative law; Delict; Education; Employment; Family; Medical law; Mental Health; Planning and the Environment; Property; Social Security;Immigration and Asylum

Professor Alan Miller is Chair of the ScottishHuman Rights Commission.

978 0 414 01389 61 Volume Looseleaf £414.00Updating releases charged for on publication

HUMAN RIGHTS ACT 1998GREENS ANNOTATED ACTS


The Human Rights Act 1998 has possibly hada bigger impact on the Scottish legal systemthan any other Act in recent history, otherthan the Scotland Act 1998 itself. The Actwill continue to have considerable impact onthe way all legal practice in Scotland isconducted.

The Human Rights Act 1998 provides a fullcopy of the Act with authoritative section-by-section commentary by AlastairBrown. Publishing in the Annotated Actsseries, this book is an essential guide forpractitioners, both civil and criminal,providing an ideal portable companion andworking tool.


2003978 0 414 01522 7Paperback£52.00

57HUMAN RIGHTS


HUMAN RIGHTS | INTELLECTUAL PROPERTY AND DATA PROTECTION58

HUMAN RIGHTS AND SCOTS LAWGREENS CONCISE SCOTS LAW

Valerie Finch and Christina Ashton

Human Rights and Scots Law is a straightforward account of the legalprotection of human rights in Scotland. Thebook concentrates on those areas wheresubstantive or procedural rules are differentfrom the rest of the UK. With explanation ofthe relevant Convention rights, the booklooks at the jurisprudence of the EuropeanCourt on Human Rights and considers theeffect of incorporating the EuropeanConvention on Human Rights on someaspects of current Scots Law, with discussionof English law where appropriate.

Human Rights and Scots Law considersdevelopments brought about by theScotland Act 1998, the Human Rights Act1998, the European Convention on HumanRights, the Freedom of Information Act 2000and the Regulation of Investigatory Powers(Scotland) Act 2000.

An ideal introduction to the subject for lawstudents, this book provides much neededcoverage of what is an important andexpanding area of the law in Scotland.

Contents: n Introductionn Fundamental human rightsn Liberty and security of the personn Right to a fair and public hearingn Rights in criminal lawn The right to private and family life and

the right to marry and found a familyn Freedom of thought and expressionn Freedom of association and assemblyn Freedom from discriminationn Article 1 of Protocol 1 — right to

propertyn Article 2 of Protocol 1 — right to

educationn Right to an effective remedyn Domestic law and the conventionn The international context

Valerie Finch is a Senior Lecturer in Law atthe University of the West of Scotland.

Christina Ashton was formerly Head of theDepartment of Law at Napier University.

2002978 0 414 01429 9Paperback£42.00

HUMAN RIGHTS IN SCOTLAND: TEXT, CASES AND MATERIALSKeith D. Ewing andKenneth Dale-Risk

The only casebook to cover this subject, thisis a handy collection of extracts from cases,statutes, subordinate legislation andcommentaries.

Contents:n The background to human rights lawn European Convention of Human Rights

and the Human Rights Act 1998n Liberty and police powersn The right to privacyn The right to equal treatmentn Freedom of religionn Freedom of expressionn Freedom of assembly and public order

Keith D. Ewing is Professor of Public Law atKings College, University of London.

Ken Dale-Risk is Lecturer in law at NapierUniversity, Edinburgh.

2004978 0 414 01449 7Paperback£44.00

DATA PROTECTION ACT 1998GREENS ANNOTATED ACTS

Emily Wiewiorka

Given that the Data Protection Act 1998 hasconsiderable impact on the way allbusinesses store and manage data, solicitorscan expect to receive a high number ofenquiries about the Act as issues andproblems arise.

This handy book provides a full copy of theAct with authoritative section-by-sectioncommentary, giving a general and fundamental understanding of the Act. Theannotations give detailed but plain explanations to the many intricate and oftenawkward provisions of the Act, explainingthem in such a way as to give real practicalassistance to those working in this area.This title is an excellent portable referencefor all legal practitioners, as well as in-housecounsel and students of law and businessrelated subjects, in Scotland and throughoutthe rest of the UK.

Emily Wiewiorka was formerly Head of theIP/IT Law Unit at Boyds’ Solicitors.

2002978 0 414 01467 1Paperback£69.00


59

INTELLECTUAL PROPERTY LAW IN PRACTICEDr Thomas E. Hays and Claire C. Milne

“[T]his is an expanding area of practice, andone of which no practitioner, whether ornot a specialist, can afford to be ignorant.”Lord Nimmo Smith, Foreword

This work succeeds in dispelling the mysterythat can surround intellectual property law.Many clients are often confused by thecomplex area of intellectual property. Anunderstanding of intellectual property isimportant for legal practitioners tosafeguard their competitive edge.

This highly practical and detailed guide isthe first dedicated publication to address thewhole of intellectual property law from auniquely Scottish perspective. Clear andpractice-focused advice establishes this titleas an essential research tool, illustrating theimpact intellectual property has on day-to-day legal issues.

By breaking down this area of law into thenumerous component parts and explainingeach in turn, Intellectual Property Law inPractice concentrates on providing theessential information necessary to handlethe vast majority of intellectual propertyissues. Quick and clear reference is providedwith topics such as patent, trade mark anddesign law divided into substantive andprocedural sections, giving straightforwardreferences to other relevant materials.The practical focus of this work is enhancedwith the inclusion of valuable, hands-onappendices, including:

n Stylesn Formsn Trade Mark Use Classesn Membership of International Bodies

and Treatiesn Free Movement Directive and

Regulationsn List of Useful IP Websites

The complete legal reference to intellectualproperty law as it applies to Scottishpractice, in one hard-wearing, portablevolume.

Dr Thomas E. Hays is a Senior Lecturer inIntellectual Property Law at the University ofAberdeen.

Claire C. Milne is an Accredited Specialist inIntellectual Property Law and a Partner atThorntons, WS, Solicitors.

2004978 0 414 01474 9Hardback£99.00

INTERNATIONAL PRIVATE LAW: A SCOTSPERSPECTIVE3rd Edition

Professor Elizabeth Crawford and Dr Janeen Carruthers

This up-to-date treatment of an area ofincreasing importance provides an in-depthand clear analysis of the complexities of thesubject, and gives a critique of crucialchanges therein. The newly revised editionof this highly regarded book, presentedunder a new title, provides a thoroughaccount of all branches of Scots private lawin their conflict of laws dimension. A notedfeature of the subject, to which the bookpays central attention, is the expandinginfluence of the EU legislative programmefor civil justice, which affects the substanceof the conflict rules of all European MemberStates.

The book explains and analyses the rules ofcivil and commercial jurisdiction set out inthe Brussels I Regulation, and the choice oflaw rules of the law of obligations containedin the new Rome I and Rome II Regulations.In family law, a full treatment is given of therules pertaining to jurisdiction and recognition and enforcement of judgmentsin matrimonial matters and matters ofparental responsibility, as contained in theBrussels II bis Regulation, including theirinteraction with the Hague Convention onInternational Child Abduction.

Full account is given of the conflict rulespertaining to property, in the variouscontexts of matrimonial and cohabitingrelationships, lifetime transfers, insolvencyand succession.

The book is a thorough and accessibletreatment of the theory and methodologyemployed in this branch of the law, andconstitutes an immensely valuable source ofinformation, for students of the subject andpractitioners, about the changing content ofthis important area of the law.

Professor Elizabeth Crawford is Professor ofInternational Private Law at the University ofGlasgow, and has unparalleled experience inteaching and writing on internationalprivate law.

Dr Janeen Carruthers is Reader in Conflict ofLaws at the University of Glasgow, and haswritten widely on the subject.

2010978 0 414 01775 7Paperback£45.00

ANTONS PRIVATE INTERNATIONAL LAW3rd Edition

SULI

Paul R.Beaumont and Peter McEleavy

The 3rd edition of Professor Anton’sstandard text on the Scottish rules of privateinternational law has been completelyrevised by Professors Beaumont andMcEleavy. The subject area has beencomprehensively reshaped in recent yearsdue to the process of Europeanisation. TheBrussels I, Brussels IIa, Rome I, Rome II andMaintenance Regulations, as well asassociated case law, are considered in detailwith regard paid to their particular impacton Scots law. The recent work of the HagueConference on Private International Law isequally evaluated, most notably theConventions on Maintenance, Choice ofCourt, Protection of Adults, Protection ofChildren and Inter-country Adoption. Inanalysing European and global instrumentsthe authors have drawn on their experiencein participating in the negotiation processesin Brussels as well as from their work for theHague Conference.

Contents:n Introductionn Theories and methodsn International and regional instruments:

Implementation, integration and interpretation

n Identification of the applicable lawn Application of statutes and limits to the

application of foreign lawn State immunityn Connecting factorsn Jurisdictionn External decrees: Recognition and

enforcementn Choice of law in contractual obligations

— Rome I regulationn Arbitrationn Foreign money liabilitiesn Bills of exchange and letters of creditn Choice of law in non-contractual

obligationsn Marriage, civil partnership and

cohabitationn Divorce and dissolutionn Effects of marriage on property n Childrenn Maintenancen Adults with incapacityn Propertyn Trustsn Administration of estates of persons

deceasedn Successionn Companies, firms and associationsn Bankruptcyn Procedure and evidence

Paul R. Beaumont is a Professor of EuropeanUnion and Private International Law at theUniversity of Aberdeen.

Peter McEleavy is a Professor of Law at theUniversity of Dundee.

2011978 0 414 01345 2Hardback c.£180.00

NEW EDITION

INTELLECTUAL PROPERTY AND DATA PROTECTION | INTERNATIONAL PRIVATE LAW


60LEGAL SYSTEM | L ICENSING

SCOTTISH LEGAL SYSTEM3rd Edition

LAWBASICS

Robert S. Shiels

Scottish Legal System LawBasics, 2ndEdition provides students of all disciplines,legal and related, with the ideal introduction to the operations and workingsof the legal system in Scotland. Thisexcellent pre-examination guide approachesthe subject in a clear and uncomplicatedfashion and contains all the necessary information required to guide the usertowards the development of a basic understanding of the subject.

An excellent overview of the Scottish legalsystem.

Essential appendices are included:n Glossary of legal terms, Latin maxims

and phrasesn Analysis of a casen Technique for answering exam questionsn Sample examination question and

answer plans

Fully revised and updated, this new editionis presented in a clear, concise and easy touse format and provides the perfect cure forpre-exam jitters.

Contents: n The development of Scots law n The sources of Scots law n Courts and tribunals n Personnel n Legislation and precedent n Civil litigation n Criminal justicen The future

Robert S. Shiels is a solicitor advocate andmember of the Procurator Fiscal Service.

2011978 0 414 01848 8Paperback£12.50

THE SCOTTISH LEGAL SYSTEMAn Introduction to the Study of Scots Law8th Edition

D. M. Walker

This eighth edition has been comprehensively updated throughout. Asignificant European dimension has beenadded and appendices on procedureinserted. An examination of the solicitoradvocate’s role is also explained.

Contents: n The science of lawn The divisions of legal sciencen Fundamental ideasn Development of Scots lawn Structure of Scots lawn Legislative organs of Scots lawn Executive agencies of Scots lawn The modern judicial systemn Personnel of the lawn Sources of Scots lawn Repositories of Scots lawn Resolution of civil disputesn Administration of criminal justicen Making of new law

D. M. Walker is Regius Professor Emeritus ofLaw at the University of Glasgow.

2001978 0 414 01353 7Paperback£56.00

LICENSING (SCOTLAND)ACT 20052nd Edition


Jack Cummins

This text provides an indispensible source ofreference on liquor licensing law in Scotland.The Licensing (Scotland) Act 2005 completelyoverhauls Scottish licensing law, introducinga new system of complex controls. In this2nd edition the author has updated hisdetailed analysis of the new regime to takeinto account the many statutory regulationsthat have been issued since the 1st editionwas published in 2005, as well as consideringthe practical problems faced by practitionersduring this critical transitional phase.

As well as providing a full copy of theLicensing (Scotland) Act 2005, with expertsection-by-section commentary, the 2ndedition also contains the full text of manykey associated regulations, making this anessential purchase for anyone who isinvolved with liquor licensing.

Jack Cummins is a Partner with Hill BrownSolicitors.

2009978 0 414 01727 6Paperback£78.00

NEW EDITION


SCOTTISH CIVICGOVERNMENT LICENSINGLAW3rd Edition


Andrew Hajducki QC andSteven Stuart QC

“I welcome this book by Mr. Hajducki andMr. Stuart as the first comprehensive workon this subject. It will be of considerableassistance to practitioners in the public andprivate sector. It will also be essentialreading for students of the law andprocedure relative to the issuing oflicences.”Andrew R. Hardie QC, former Dean of theFaculty of Advocates (of the 1st edition)

Fully revised and updated Scottish CivicGovernment Licensing Law, 3rd Edition is ahandy guide to this area of licensing law.This book provides a detailed narrativeintroduction, and a full copy of the consolidated Act along with practicalsection-by-section annotated commentaryguiding you through the law.

The Civic Government (Scotland) Act 1982introduced a uniform code of law andprocedure to regulate the issuing of licencesby Scottish local authorities for various activities, including taxi and private carhiring, street trading, public entertaining,running a sex shop and second handdealing.

The Scottish Civic Government LicensingLaw, 3rd Edition is an excellent portablereference for those involved or with aninterest in licensing law.

Contents: n Narrative introductionn Civic Government (Scotland) Act 1982

annotatedn Statutory Instruments under the 1982

Act as annotated,including the Civic Government (Scotland) Act 1982(Licensing of Houses in Multiple Occupation) Order 2000

n Legislation relating to theatre and cinema licensing

n Legislation relating to animal licensing

The authors are both practising seniorcounsel with a particular interest andexperience in licensing and admistrative law.

Andrew Hajducki QC is a member ofWestwater Advocates.

Steven Stuart QC is a member of Terra FirmaChambers.

2009978 0 414 01774 0Paperback£75.00

MENTAL HEALTH(CARE AND TREATMENT)(SCOTLAND) ACT 2003GREENS ANNOTATED ACTS

Ronald A. Franks and David Cobb

The Mental Health (Care and Treatment)(Scotland) Act 2003 is the first title tocontain the full text of this important Act,expertly annotated with a comprehensiveanalysis. It offers guidance on the interpretation, implications and applicationof the new legislative framework in practice.

Scottish mental health legislation is currentlyexperiencing the most significant transformation since the 1980’s. This is thefirst annotated version of the new Act sincethis more complex legislative structure wascreated.

Taking account of all developments and theimplications of the Mental Health (Care andTreatment) (Scotland) Act 2003, this textprovides practical section-by-sectioncommentary guiding you through the law. Itis an excellent source of reference forcriminal, civil and private client practitioners,as well as local authorities, health services,social workers and members of the policeand prison services.

Ronald A. Franks is a partner and solicitorwith Legal Services Agency, Glasgow.

David Cobb is an Advocate and former Headof Legal Services, Central Regional Council.

2005978 0 414 01578 4Paperback£79.00

MENTAL HEALTH AND SCOTSLAW IN PRACTICE2nd Edition

Dr Lindsay Thomson MD andJoanna Cherry QC

A completely revised and update edition ofthis extremely successful title. This uniquebook provides practitioners from a legal,mental health, social services or criminaljustice background with a systematic guideto the relationship between mental healthand Scots Law.

Written by experts in both the fields ofmental health and law, this title gives acomplete overview of mental health fromthe perspective of those it affects as part oftheir profession: solicitors, psychiatrists,social workers and nurses. The fact that ithas been written by specialists from boththe legal and mental health fields ensuresthat the information is presented in amanner accessible to professionals workingin both areas. The book also contains usefulintroductions to both mental disorder andthe Scottish legal system to help peoplefrom different backgrounds.

This brand new edition with a new authorteam will further expand on the impact ofthe Mental Health (Care and Treatment)Scotland Act 2003 on those involved withmental health in Scotland.

More detail on effectiveness of Tribunals isincluded along with a new chapter on risk.A description of the provisions of the Adultswith Incapacity (Scotland) Act 2000 is alsoprovided.

Contents include:n Mental disorder and psychiatric servicesn The Scottish legal systemn Civil mental health legislationn Adults with incapacityn Psychiatric systems and services for

mentally disordered offendersn Psychiatric defencesn Criminal mental health legislationn Court reports and expert witness

Dr Lindsay Thomson MD is a ConsultantForensic Psychiatrist and works as a clinicianat the State Hospital and as a researcher andteacher at the University of Edinburgh.

Joanna Cherry QC is an Advocate.

2011978 0 414 01763 4Hardbackc.£83.00

61LICENSING | MENTAL HEALTH

NEW EDITION


PARTNERSHIP | PLANNING62

MILLER ON PARTNERSHIP2nd Edition

SULI

Gordon H. Brough

This edition of James Bennett Miller’sseminal work on the law of partnership inScotland reflects the changes which haveoccurred in the two decades since the firstpublication in 1973. With extensive updatingto take account of the many developments.

Contents: n General attributes of the relationshipn Capacity of parties to enter the contract

of partnershipn Illegality in relation to partnership and

associationsn Holding outn Rights and duties of the partners among

themselvesn Rights and duties of the partners in

relation to third partiesn Contractn Delict and breach of trustn Property of the partnershipn Dissolution and expulsionn Effects of dissolutionn Winding-upn Bankruptcyn Taxation and accounts

Gordon H. Brough is a Corporate Lawyerwith over 20 years experience and is aPartner in the city office of Maclay, Murray& Spens.


1994978 0 414 01042 0Hardback£145.00

COMPULSORY PURCHASEAND COMPENSATION: THE LAW IN SCOTLAND3rd Edition

Professor Jeremy Rowan Robinson

“Professor Rowan Robinson’s publication isvery welcome, providing for the first time anexhaustive examination of the law withhelpful suggestions for change.”Journal of the Law Society — of the firstedition

Revised and updated — a detailed butstraightforward explanation of the lawrelating to compulsory purchase andcompensation in Scotland.

The author also considers the wider area ofcompensation for depreciation in the valueof property caused by government actionsand decisions falling short of expropriation.He sets out not only to state the law, but toexplain how it has emerged in its presentform and to consider where change isdesirable.

n Compulsory purchase: Powers n Compulsory purchase: Proceduren Compulsory purchase: Acquiring titlen Compensation: Introductory mattersn The date for fixing and valuing interestsn Market valuen Development potentialn Disregarding the schemen Special valuesn Disturbancen Remaining landn Compensation: Other mattersn Compensation for regulationn Blightn Utility “wayleaves”

Professor Jeremy Rowan Robinson is aretired Solicitor.

2009978 0 414 01752 8Hardback£89.00

GREENS SCOTTISH PLANNING FACTBOOKRegular Updates

Executive Editor: Edith Bowman

Written by a highly distinguished team ofexpert contributors, this is the definitiveguide for Scottish planning professionals.Two comprehensive updates each year willkeep you up to date with all the latestlegislative changes and new requirements.

Greens Scottish Planning Factbook is asingle, easy-to-use looseleaf manual, givingyou quick and easy access to authoritative,practical information on every major aspectof planning. The publication comes as apackage containing an easy to use looseleafmanual, accompanied by a CD-ROM.

Contents: n Who controls development?n Planning policiesn Is Permission required?n The Planning applicationn The Planning decisionn Appealsn Agreementsn Conservation and other controlsn Infrastructuren Pollution controln Enforcementn Blight, compulsory purchase orders and

compensationn Human rightsn Regeneration Policy and Guidancen Directory/Further Information

Edith Bowman FRICS, FHEA was a Lecturerin Law and Estate Management at theSchool of the Built Environment, Heriot-Watt University, Edinburgh.

978 0 414 01381 0Looseleaf and CD-ROM£284.00 + £28.40 VAT = £312.40Updating releases charged for onpublication


PLANNING63

PLANNING3rd Edition

Neil Collar

“This book can be highly recommended.”Journal of the Law Society (of the first edition)

This third edition of Neil Collar’s highlysuccessful Planning has been thoroughlyupdated and revised. The result is the mostpractical and complete analysis of planninglaw in Scotland.

Thorough, detailed and approachable, NeilCollar’s Planning provides an excellent introduction to the subject. The new editionwill review the wide-ranging changes to theplanning system in Scotland being introduced during 2009 as a result of thePlanning etc (Scotland) Act 2006.

Planning is essential reading for practitioners and professionals from avariety of disciplines, from legal tosurveying, architectural and construction tolocal government and planning departments.

Contents: n Evolution of planning lawn The planning systemn Development plansn Development control — planning

permission; planning conditions and agreements

n Development control — enforcementn Challenge of planning decisionsn Particular controls

Neil Collar is Head of Planning Law atBrodies LLP, Edinburgh and Glasgow. He wasvoted the leading planning solicitor inScotland in 2008 by readers of the RoyalTown Planning Institute's magazine“Planning”.

2010978 0 414 01730 6Hardback£92.00

SCOTTISH PLANNING ENCYCLOPEDIARegular Updates

General Editor: The Rt Hon. Lord GillAssistant Editor: Malcolm Thomson QC

The Scottish Planning Encyclopedia, editedby The Rt Hon. Lord Gill, assisted by MalcolmThomson QC, contains all the importantlegislation and quasi-legislation governingthis particularly complex area of the law.With a selection of narrative contributionsfrom leading professionals and a plethora ofstatutes, statutory instruments, the ScottishPlanning Policy, the National PlanningFramework 2, PANs and circulars, this is themost comprehensive planning manualavailable.

Contents: n Narrative chapters examining the

planning system, planning enquiries, enforcment, judicial review and other specialist areas

n Town and Country Planning (Scotland) Act 1997 — fully annotated

n Planning etc. (Scotland) Act 2006 — thesections in force have been noted andtaken in to the Principal Act, with theremaining pending sections publishedfor reference

n Over 30 other Statutes (as amended)n Over 35 Statutory Instruments (as

amended)n The Scottish Planning Policy and the

National Planning Framework 2n Over 50 Planning Advice Notesn Over 100 Circulars

The Rt Hon. Lord Gill is recognised asScotland’s premiere and authoritative expertin the field of agricultural law.

Malcolm Thomson is a QC.


SCOTTISH PLANNING LAW AND PROCEDURESULI

Jeremy Rowan Robinson, Eric Young, Michael Purdue and Elaine Farquharson-Black

Planning Law and Procedure is a completeand thorough analysis of planning law inScotland.

Contents: n The Administration of town and country

planningn National planning policyn Local planning policyn Developmentn Development not requiring the

submission of a planning applicationn Development Control 1: planning

applicationsn Development Control 2: the

development plan and other material considerations

n Development Control 3: conditionsn Development Control 4: planning

agreementsn Development Control 5: planning

authority’s decision and other mattersn The enforcement of planning controln Compensation and purchase noticesn Control of the existing use of landn Positive planningn Planning blight and injurious affectionn Special Controls 1: listed buildings and

conservation areasn Special Controls 2: advertisements, trees

and waste landn Special Controls 3: hazardous substances

and waste landn Appeal and objection proceduresn Challenge of plans, orders and planning

decisions in the Court of Sessionn Appendix 1: Planning authorities in

Scotland n Appendix 2: List of current directions


2001978 0 414 01430 5Hardback£145.00


PLANNING | PRIVATE CLIENT64

TOWN AND COUNTRYPLANNING (SCOTLAND) ACT1997GREENS ANNOTATED ACTS

Jeremy Rowan Robinson

An essential and readable guide to theamended legislation this new title includes:

n a commentary by Professor JeremyRowan Robinson which places theconsolidated Town & Country Planning(Scotland) Act 1997 into context andbrings out the key changes introducedby the Planning etc (Scotland) Act 2006

n a consolidated version of the 1997 Actincorporating the significant legislativechanges introduced by the Planning etc(Scotland) Act 2006

n key SSIs

Jeremy Rowan Robinson is a retiredSolicitor.

2009978 0 414 01720 7Paperback£89.00

THE ELDER CLIENT: A PRACTICAL GUIDESusan Duff and Fiona McDonald

This book offers practical guidance tosolicitors who are advising clients on a widerange of financial and welfare matterscovering areas such as finance, care, mentalhealth issues and death.

The book is divided into two parts, lookingfirstly at issues relating to ‘forward planning’such as powers of attorney and inheritancetax planning. The book then looks at arange of ‘rescue remedies’ for clients facingimmediate issues including the death orincapacity of a family member.

Written by two experienced private clientpractitioners, this book will be an indispensable guide for lawyers, socialworkers, charities and support groups andothers working with the elderly.

The Elder Client: a practical guide covers allthe relevant legislation, dealing with theimpact of the Adults with Incapacity(Scotland) Act 2000, the Finance Act 2007and the Adult Support and Protection(Scotland) Act 2007 and its effects on thelives of the elderly and their families.

Contentsn Capacityn Wills & Tax Planningn Trustsn Assets & Benefitsn Advance Directivesn Powers of Attorneyn Operating a Power of Attorneyn Alternative Measures to a Power of

Attorneyn Court Orders: Intervention Orders and

Guardianshipsn Case Study: Advising on Incapacityn Elder Abusen The Adult Support & Protection Act 2007n Caren Practical Advice for the Elderly Clientn Deeds of Variationn Death

Susan Duff and Fiona McDonald areSolicitors.

2007978 0 414 01680 4Hardback£62.00

PRIVATE CLIENT LAW REVIEW4 issues a year

General Editor: Heather ThompsonEditorial Board: Robin Fulton, Ian Clark and Gavin McEwan

Scottish Private Client Law Review covers alltopical aspects of this diverse practice area.The journal provides insights into the fullrange of issues from looking after theelderly to personal financial services. Itprovides all those involved in private clientwork with practical advice, comment on ‘hottopics’ and current awareness.

Scottish Private Client Law Review aidspractitioners who need a broad range ofknowledge. It is also ideal for specialistfirms, which need to be completely up todate in order to operate their riskmanagement systems successfully.

Coverage includes: asset protection; executryadministration and related matters; trusts,general taxation; personal financialplanning; pensions; looking after theelderly/older client.

Contents include:n Editorialn Commentn Practice pointsn Updaten Financial servicesn Questions and answers — practical

scenariosn Case and commentn Current awareness — recent articles,

websites and publications

General Editor:Heather Thompson is a partner at TurcanConnell.

Editorial Board:Robin Fulton, Ian Clark and Gavin McEwanare all partners at Turcan Connell.



PUBLIC65

CONSTITUTIONAL3rd Edition

LAWBASICS

Jane Munro

Constitutional LawBasics, 3rd Editionprovides students with a study and revisionguide covering all the most importantelements of constitutional and administrative law.

With LawBasics, there is no longer the needto rely on a combination of scribbles andphotocopies to make sense of the previousterm's work.

Essential coverage is provided on:n The general principlesn Key casesn Important statutesn Sample questions and answers

Fully revised and updated to ensure youhave current and topical information,Constitutional LawBasics is presented in aclear, concise and easy-to-use format — theperfect cure for pre-exam jitters.

Contents:n The United Kingdom constitutionn Westminstern The Scottish Parliamentn The government of Scotlandn The court and the judiciaryn Principles of constitutional governmentn Human rightsn Police powers

Jane Munro, Advocate, is a former Lecturerin Public Law at the University of Edinburgh.

2005978 0 414 01586 9Paperback£12.50

THE NEW PUBLICMANAGEMENT OFSCOTLAND: LOCALGOVERNMENT AND THENATIONAL HEALTH SERVICEDr Robert Mackie

Written by an expert in this field, withextensive management experience, this textprovides essential background informationon local government and the NHS inScotland before taking forward keymanagerial issues for more in depth consideration. These issues include governance and accountability, strategicmanagement, partnership working,performance management and responsiveness.

Contents:n Understanding the new public

management of Scotlandn Local government and NHS Scotland:

mandates and purposesn Decision making, functions and servicesn Democracy governance and

accountabilityn Finance and best valuen Management and strategyn Partnership workingn A dynamic public managementn Performance measurement and

managementn Scottish local government and NHS

Scotland: Retrospect and prospect

Dr Robert Mackie is a Senior Lecturer inPublic Management at Glasgow CaledonianUniversity.

2005978 0 414 01600 2Paperback£36.00

JUDICIAL REVIEWSULI

The Rt Hon. Lord Clyde and Denis Edwards

Judicial Review is a systematic treatment ofthe remedy of judicial review in Scotland.While always available in the Court ofSession in Scotland, judicial review’s growthin recent years has led to greater attentionbeing paid to its legal and constitutionalsignificance. This book provides a definitivestatement of the current law on the scopeand grounds of judicial review and places itin its historical and constitutional context.

Contents: Part I: The context of judicial reviewn Introductionn The historical contextn The judical contextn The constitutional context

Part II: The new world of judicial reviewn The European Union law and judicial

reviewn The Human Rights Act 1998n The Scotland Act 1998

Part III: The scope of judicial reviewn The scope of the supervisory jurisdictionn Jurisdictional limitationsn Locus standin Exclusion clausesn Alternative remediesn Reality, prematurity and delay

Part IV: The grounds for reviewn The grounds in generaln Illegalityn The substance of human rightsn Breach of prescribed proceduresn Breach of common law proceduresn Legitimate expectationn Misuse of powern Irrationality and proportionalityn Error

Part V: Procedure and remediesn Practice and proceduren Declarator and reductionn Suspension and interdictn Positive remedies

Human Rights Act 1998Chapter 58 of the Rules of the Court ofSession.

The late Lord Clyde was a Lord of Appeal inOrdinary.

Denis Edwards is a Barrister in England.


1999978 0 414 01173 1 Hardback £145.00


PUBLIC LAW2nd Edition


Jane Munro

The second edition of Public Law by JaneMunro provides comprehensive, up-to-dateand accessible coverage of the key areas ofScottish public law. It is the ideal text forstudents, legal practitioners and thoseworking in the public sphere.

Coverage includes:Constitutional lawn Sources and foundationsn Electionsn Institutionsn Devolution

Human rights and civil libertiesn The Human Rights Actn Freedom of informationn Police powers and public ordern Citizenship, immigration and asylumn Anti-terrorism law

Administrative lawn Judicial reviewn Liability of public authoritiesn Ombudsmen

Jane Munro, Advocate, is a former lecturerin Public Law at the University of Edinburgh.

2007978 0 414 01669 9Paperback£34.00

ARMOUR ON VALUATION FOR RATINGRegular Updates

Edited by C. S. Haddow QCand The Hon. Lord Doherty

“A sine qua non for all those who becomeinvolved professionally in rating work.”Journal of Rating and Valuation

This valued work enjoys a unique position asthe sole and pioneering Scottish text encompassing the subject of valuation.Presented in looseleaf format and benefitingfrom an annual update, no other publication can offer this information insuch depth and in this updateable format.

Armour sets out the law in pragmaticfashion and can be relied upon by all thosewhose remit is in the field of valuation forrating, including lawyers, surveyors andvaluation appeal committees.

An extensive preface and introduction isproceeded by four parts. Coverage withinthese parts includes:

Part 1: The machinery of the Scottishvaluation system; administration; thevaluation roll; alteration to the roll; theAssessor of Public Undertakings (Scotland);appeals and complaints.

Part 2: Property entered in the valuationroll; lands and heritages — the 1854 Act;miscellaneous subjects; heritable andmoveable; unit of valuation; tolls and tradeprofits.

Part 3: Persons entered in the valuation roll;proprietors; tenants and occupiers; rateableoccupatio; beneficial occupation; Crownproperty.

Part 4: Annual values — how estimated;rules for valuation under the 1956 Act;existing value; estimation of annual value inpractice; the value of particular subjects;derating.

Also including two extensive appendices:Appendix 1: Public General Acts.Appendix 2: Statutory Instruments.

C. S. Haddow QC is an Advocate.

The Hon. Lord Doherty is a Judge of theSupreme Courts.

1 Volume Looseleaf978 0 414 00750 5£547.00Updating releases charged foron publication

CURRIE ON CONFIRMATIONOF EXECUTORS9th Edition


Eilidh M. Scobbie

The 9th edition of this celebrated textbookhas been updated to include reference tothe rights of civil partners and cohabitees.

With a substantial style bank dealing with awide variety of situations, this title will bean essential purchase for anyone involved inexecutries.

Coverage includes:n Domicilen Validity of testamentary writingsn Payments without exhibiting

confirmationn Confirmation of executors-nominaten Confirmation of executors-dativen The form and procedure in dative

petitionsn Problem groups of executorsn Preparation of the inventory estaten The function of the Sheriff Clerk in

granting confirmationn Transmission of trust and executory

propertyn Additional inventories and

confirmationsn Records — extracts — calendarsn Judicial proceedings

Eilidh M. Scobbie is a Partner with Burnett &Reid in Aberdeen and was formerly aLecturer in Law at the University ofAberdeen.

2011978 0 414 01461 9Hardbackc.£140.00

66PUBLIC | RATING AND VALUATION | SUCCESSION AND TRUSTS

NEW EDITION


67SUCCESSION AND TRUSTS

DRAFTING FOR SUCCESSION2nd Edition

John Kerrigan

This highly practical guide to drafting willsand powers of attorney has been thoroughlyupdated to take into account the followingkey developments:

n Civil Partnerships Act 2004n The impact of s.29 of the Family Law

(Scotland) Act 2006, which introduces new cohabitants rights

n Tax considerations arising out of the Finance Act 2006

n The introduction of the cumulative/transferable nil rate band under the Finance Act 2008

n Changes to adult incapacity lawintroduced by the Adult Support and Protection (Scotland) Act 2007, including important new provisions relating to the revocation of powers of attorney

Careless drafting can lead to uncertainty andthe invalidity of documents. Drafting forSuccession 2nd Edition provides detailedanalysis of the increasingly complex factorswhich practitioners need to taken intoaccount when drafting successiondocuments. The new edition addressesdifficult points in relation to matters such asthe interpretation of wills, and considersactual, day-to-day, problems in detail toprovide the legal profession with an indispensible reference manual.

Contents:PART I — Advising ClientsWhy Make a WillThe Draftsman's Responsibility to ThirdPartiesInformation GatheringMarriage, Civil Partnership, Cohabitationand ChildrenPART II — Drafting the WillThe Islamic WillCapacity and DomicileInterpretationEssential Formalities of ExecutionRevocation of a WillExecutors and TrusteesLegaciesTrustsFuneral Instructions, Donation of Body, etcCodicils, Deeds of Variation and PrecatoryRequestsPART III — Additional Options to ConsiderPowers of Attorney, Guardianships andLiving WillsCare Homes and Asset ProtectionPART IV — Appendix of Styles

John Kerrigan is a Partner with MaxwellMacLaurin Solicitors.

2010978 0 414 01771 9Hardback + CD-ROM£90.00 + £3.60 VAT = £93.60

EXECUTRY TAX PLANNINGH. Reynold Galbraith

This new title will help solicitors to adviseclients on tax planning in relation to willsand trusts, and will also help solicitors todeal with tax issues arising during theadministration of estates.

The book will be divided into three parts:pre-death, during administration and post-death. Within each part, the author willprovide useful ‘tips and traps’ in relation toa wide range of tax issues, including incometax, capital gains tax, inheritance tax, pre-owned assets tax and stamp duty.

Contents includen Income Taxn Capital Gains Taxn Inheritance Taxn Pre-owned Assets Taxn Stamp Duty n Council Taxn Current Trends in Post-Death Planningn Style of Post-Death Deedsn How to avoid Negligence Claims in Tax

H. Reynold Galbraith is a Partner withDonaldson, Alexander, Russell & Haddowand is the author of Scottish Trusts: ADrafting Guide and General Editor ofScottish Trusts and Succession.

2009978 0 414 01736 8Paperback£59.00

EXPRESS WILLS FOR SCOTLAND

Express Wills for Scotland is a powerful yeteasy to use CD which generates Willsautomatically from a styles bank when youtype in information on an individual client.You simply input information through anintelligent, interactive questionnaire, youthen have the ability to edit and print,allowing you to complete complex personalised Wills in less than ten minutes.

Will drafting has never been simpler or moreefficient. Express Wills for Scotlandautomatically picks and uses appropriatestyles from the highly successful Drafting forSuccession book by leading expert JohnKerrigan. Guidance notes based on the bookhelp to ensure you are using the mostsuitable style for each situation.

n Using a question and answer format, Express Wills for Scotland guides you through a structured questionnaire — based on your response, the software determines the next relevant question and takes you automatically to the appropriate prompt

n Once the questionnaire has been completed, the system automatically drafts the appropriate Will document, drawing on a comprehensive bank of styles

n You can produce an unlimited range of Wills, of varying complexity, which meet precisely each of your clients’ needs

2006978 0 414 01635 4CD-ROM£150.00 + £30.00 VAT = £180.00


SUCCESSION AND TRUSTS68

SCOTTISH TRUSTS:A DRAFTING GUIDE2nd Edition

H. Reynold Galbraith

Trusts form an increasingly important part ofwill planning in Scotland. There are alsostrong arguments that inter vivos trusts areunderused and with some advice andexperience more Scottish solicitors woulduse them. Rennie Galbraith’s book providespractical information and a wealth of stylesfor use on both occasions. Dual qualified, hehas experience of the pioneering way inwhich trusts are used in England and willseek to provide the Scottish solicitor with,not only improvements on tools in use, butadditional tools they may wish to use.

This title offers innovative ways of usingtrusts to help clients and includes a CD-ROMof styles fully explained and instantly readyfor use. It is a highly functional guide forpractitioners, with no theoretical jargon, justthe information you need.

Includes Valuable Styles CD-ROMYou will also receive a CD-ROM of all thestyles mentioned in the book. At a click of abutton you can have the forms, letters anddeeds you need ready for you on screen.Amend them as appropriate to use in yourown work environment.

Contents:n Introduction and trusts generallyn Uses of trusts and their alternativesn Types of trusts and their alternativesn Trust drafting generallyn Conditions and powers of trusteen Particular types of trust deeds and

problem solving generallyn Conclusionn Appendix

H. Reynold Galbraith is a Partner withDonaldson, Alexander, Russell & Haddowand is the author of Executry Tax Planningand General Editor of Scottish Trusts andSuccession.

2011978 0 414 01599 9Hardback and CD-ROMc.£91.00 + £3.64 = £94.64

MESTON’SSUCCESSION OPINIONSGREENS PRACTICE L IBRARY

Edited by: David O’Donnell

This is a complilation of Professor Meston’ssuccession opinions with rubrics. As very fewsuccession cases go through the courts,making it very hard to gain guidance on the law, this book is an invaluable referencesource for all those involved in the administration of estates.

Contents:n Constructionn Illegitimacyn Intestacyn Liferentsn Revocationn Titlen Trustsn Validityn Vesting

David O’Donnell is Professor in Legal Ethicsand Professional Practice at The RobertGordon University.

2000978 0 414 01121 2Hardback£272.00

SUCCESSION2nd Edition

LAWBASICS

Alasdair Gordon

Succession LawBasics 2nd Edition providesstudents with an insightful guide to theScots law of succession, trusts and executry,including coverage of wills, survivorship andlegal rights.

The second edition has an extended sectionon executry practice. An excellent piece ofbackground reading, the work is presentedin a clear and comprehensible fashion andrepresents an ideal foundation on which thereader can build a greater understanding ofthe subjects.

Essential coverage is provided on:n The general principlesn Key casesn Important statutesn Also contains handy sample exam

questions and answers

Contents include:n Introduction to successionn Survivorshipn Legal rightsn Intestate successionn Essential and formal validityn Common testamentary provisionsn Vesting and accretionn Will substitutesn Interpretation of willsn The executor’s role and dutiesn Trusts

Alasdair Gordon was formerly a Lecturer atAberdeen College.

20079780 414 01682 8Paperback£12.50

NEW EDITION


SUCCESSION AND TRUSTS69

SCOTTISH TRUSTS ANDSUCCESSION SERVICERegular Updates

General Editor:H. Reynold Galbraith

Michael Meston’s Trusts and SuccessionService brings together the primary andsecondary legislation affecting this expansivearea of Scots law.

Trusts and Succession Service containslearned narrative annotation of primarylegislation, much of which will not berecorded within the Parliament House Book.It also provides practical guidance on the interpretation of the law, together withnotes showing amendments, substitutionsand repeals.

The looseleaf format allows for theextensive content to be updated quickly and easily, whilst the regular updating ofmaterials guarantees that the publicationremains abreast of all future changes in the law.

2010 coverage included:n Sections from the Income Tax (Trading

and Other Income) Act 2005, the IncomeTax Act 2007 and Schedule 24 of theFinance Act 2007

n The Local Government Pension Scheme(Administration) (Scotland) Regulations2008

n The Local Government Pension Scheme(Transitional Provisions) (Scotland)Regulations 2008

n The Local Government Pension Scheme(Benefits, Membership andContributions) (Scotland) Regulations2008

H. Reynold Galbraith is a Partner withDonaldson, Alexander, Russell & Haddowand the author of Executry Tax Planning andScottish Trusts: A Drafting Guide.

1 Volume Looseleaf978 0 414 01307 0£420.00Updating releases charged for onpublication

SUCCESSION (SCOTLAND)ACT 19645th Edition


Professor Michael C. Meston

An exposition of and commentary on theSuccession (Scotland) Act 1964. The Actgoverns most of the law of intestatesuccession in Scotland and has a very significant role in the transfer of title toproperty by the executor. It also madeimportant changes of detail to the law of wills.

The fifth edition takes account of theRequirements of Writing (Scotland) Act 1995and the Children (Scotland) Act 1995 as wellas recent case law. This edition provideseven more practical guidance than theprevious edition as the annotated 1964 Actis provided in the appendices; and in thenarrative the topic of division of intestateestates has been significantly expanded

Michael C. Meston is a former Professor ofScots Law at the University of Aberdeen.

2002978 0 414 01453 4Paperback£84.00

TRUSTSLAWBASICS

Professor Roderick Paisley

Trusts LawBasics provides students with aperfect preparatory guide to the subject asset and explained throughout a Scots LLB.This excellent summary of trusts providesclear and concise analysis and contains allthe necessary information required for thedevelopment of a basic understanding ofthis field of study as pertaining to Scots law.

Essential coverage is provided on:n The general principlesn Key casesn Important statutesn Also contains handy sample exam

questions and answers

Contents Include:n Introductory conceptsn The common uses of trustsn Classification of trustsn Parties and propertiesn Appointment, assumption and

resignation of trusteesn Purposes of a trustn Administration of a trustn Investment duties of a trusteen Conflict of interest and proper

motivationn Liability of trustees to beneficiariesn Trustees and third partiesn Administration and supervision of

charitable trustsn Variation of trust purposesn Termination of trustsn Private international law


1999978 0 414 01330 8Paperback£12.50


70SUCCESSION AND TRUSTS | TRIBUNALS AND ENQUIRIES

TRUSTS: CASES AND MATERIALSJames Chalmers

The only casebook on this subject with auniquely Scottish focus, bringing together acollection of extracts from cases, legislation,authoritative texts and articles. The extractsare interwoven with detailed commentary,which, where possible, draws links andcomparisons across the topics covered.

Trusts: Cases and Materials covers all theprincipal features of the law of trusts,including classification of trusts, theircreation and administration, variation oftrust purposes, liabilities of trustees, termination of trusts and private international law.

Trusts: Cases and Materials takes account ofsignificant legislation including theRequirements of Writing Act 1995, the LawReform (Miscellaneous Provisions) (Scotland)Act 1990 and the Recognition of Trusts Act1987. This is an ideal comprehensivetextbook for all those studying the law oftrusts in Scotland, and a handy readyreference tool for practitioners.

Contents include:n Introductory conceptsn Classification and creation of trustsn Parties and propertyn Appointment, assumption and

resignation of trusteesn Purposes of a trustn Administration of the trustn Investment duties of trusteesn Conflict of interest: Auctor in Rem

Suamn Liability of trustees to beneficiariesn Trustees and third partiesn Administration and supervision of

charitable trustsn Judicial variation of trustsn Revocation and termination of trustsn Private international law


2002978 0 414 01337 7Paperback£46.00

TRUSTS, TRUSTEES AND EXECUTORS2nd Edition

SULI

W. A. Wilson and A. G. M. Duncan

‘‘This is an invaluable book which ought tobe immediately to hand for anyone involvedin the ramifications of trusts or the positionof executors. The first edition establisheditself as a reliable authority immediately onpublication.

This edition continues the high standard and is an essential work of reference.” M. C. Meston, Journal of the Law Society

The authoritative statement of Scots lawrelating to trusts, trustees and executors.This, the second edition, has been fullyrevised by A. G. M. Duncan to take accountof all new legislation, in particular, theRequirements of Writing (Scotland) Act1995.

Consideration has also been made of allmajor developments in case law impactingon this area of Scots law.

Part 1 — The nature, validity, constitution,proof, variation, revocation, and terminationof trusts cy près.Part 2 — Trustees and their powers, dutiesand liabilities.Part 3 — The law relating to executors.

W. A. Wilson was formerly Lord PresidentReid Professor of Scots Law at the Universityof Edinburgh.

A. G. M. Duncan was formerly a Writer tothe Signet.

Published under the auspices of the ScottishUniversities Law Institute Ltd

1995978 0 414 01027 7Hardback£145.00

SUDDEN DEATHS AND FATALACCIDENT INQUIRIES3rd Edition


Ian H. B. Carmichael

Sudden Deaths and Fatal Accidents Inquiriesis now established as the standard text inthis field and this new edition continues toprovide a clear and thorough explanation ofthis area of legal practice. The book takesthe practitioner through the process fromstart to finish, providing full details of theinquiry system and how to deal with eachstage, bestowing confidence in a situationwhich is an unusual though increasing partof practice.

This timely new edition provides essentialupdates and includes coverage of judicialreview and the impact of the Human RightsAct 1998, which are of increasing importance in this area, offering an understanding of their impact whenadvising clients.

This title also takes account of changes tothe rules of the Court of Session, completelyupdating the previous edition so the practitioner can apply the relevant ruleswith confidence. These additions ensure thatthis text remains an indispensable, thoroughand authoritative guide for all those facedwith a sudden death and seeking a clearroute through the associated legal processes.

Publishing in the Greens Practice Libraryseries this is the only text available on theScottish inquiry system and includes comparisons to the substantially differentEnglish based coroner system, providing ahighly useful examination of this area of thelaw.

Contents:n Procurator Fiscal and the investigation

of deathn Classes of inquiryn Before the inquiryn The inquiryn The inquiry — practical aspectsn Matters medical — describes the bodies

major systems and most common pathologies

n The coronern Final thoughts

Ian H. B. Carmichael is an Advocate and wasformerly a Senior Procurator Fiscal Depute.

2005978 0 414 01469 5Hardback£197.00


THE LAW OF RESTITUTION IN SCOTLAND ANDSUPPLEMENTGREENS PRACTICE L IBRARY

William J. Stewart

“Mr Stewart has performed a very valuablefunction in compiling this work. His bookwill undoubtably exert considerableinfluence both over practitioners in Scotlandand the courts.” Law Quarterly Review

The neglect of restitution in the Scottish legalcanon has greatly disadvantaged practitionersin the jurisdiction — very few will thereforebe able to ignore this book. It is also aninvaluable reference for English lawyers.

W. J. Stewart has untangled the law and setit out in its full theoretical and principledstructure, covering all the relevant case lawalong the way.

This text makes an attempt to applyProfessor Birks’ analysis to Scots law identifying questions of enrichment andcases supporting “unjust factors”. Such ananalysis has now been applied in the firstDivision in Shilliday v Smith.

This title is supplied with a supplementpublished in 1995.

The book covers:n Roman basis of the lawn Enrichment in Scots lawn The unjust conceptn Personal claims and property claimsn Recompensen Negotiorum gestion Restitutionary obligationsn Prescriptionn Jurisdiction n Conflict of laws

The supplement covers:n The dramatic changes to the law

effected by the five judge decision: Morgan Guaranty Trust Company of New York v Lothian Regional Council

n The Inner House decisions: Connolly vSimpson and Zemhurst (Holdings) vControl Securities

n Scottish Law Commission paper: points considered

n Reported and unreported cases noted and discussed

n Updated bibliography


1995 978 0 414 01119 9Mainwork and Supplement: £228.00

1995 978 0 414 01118 2Supplement: £70.00

UNJUSTIFIED ENRICHMENTSULIVolume 1

Robin Evans-Jones

This welcome addition to the SULI seriesseeks for the first time in Scots law toidentify and analyse the body of law knownas “unjustified enrichment” in which, asidentified by the Court of Session, thecondictiones represent causes of action andrestitution and recompense remedies.

This book concentrates on the law of thecondictio which it seeks to elaborate beyondthe foundations laid by recent case lawaccording to a fundamental distinctionbetween two groups of enrichment case:those that arise from deliberate conferral(the subject matter of this volume) and allother cases.

The text provides an authoritative andcomprehensive account of the subject, andwill establish a scheme of the precisefeatures and limits of claims of unjustifiedenrichment.

Robin Evans-Jones analyses the circumstances in which an obligation ofrestitution exists, the basis of each claim,the content of the obligation and its preciselimits.

Contents: n General conceptsn General issues concerning causes of

action represented by the Condiction The claim to recover what is undue

(Condictio Indebiti)n The claim to recover what was conferred

for a future lawful purpose outwith contract that failed or under a contract that was frustrated (Condictio Causa Data Causa Non Secuta)

n Benefits conferred for an immoral or illegal purpose (Condictio Ob Turpem Vel Iniustam Causam)

n The claim to recover what is retained without a legal basis (Condictio Sine Causa)

n Enrichmentn “At the Expense of”: Rules determining

what amounts to a “Direct” enrichmentn Remedies and the measure of recoveryn Defences

Robin Evans-Jones is a Professor of Law atthe University of Aberdeen.


2003978 0 414 00997 4Volume 1£145.00

UNJUSTIFIED ENRICHMENT2nd Edition

LAWBASICS

Professor Hector MacQueen

This text provides all the necessary information required for developing a basicunderstanding of unjustified enrichment.Designed as a study and revision tool, thisguide approaches the subject in a clear anduncomplicated way.

Presented in a simple, concise and easy touse format this book provides the perfectcure for pre-exam nerves.

Essential coverage is provided on:n The general principlesn Key casesn Important statutesn Also contains a handy quick quiz and

guidance on further reading

Contents include:n Introductionn Enrichmentn At another’s expense (loss and causation)n Unjustified (when enrichment is to be

reversed or paid for)n Defencesn Remedies and measures of recoveryn Flowchart of unjustified enrichment in

two-party casesn Unjustified enrichment and other

branches of the lawn Negotiorum Gestio

Hector MacQueen is Professor of Private Lawat the University of Edinburgh

2009978 0 414 01754 2Paperback£12.50

71UNJUST ENRICHMENT


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AUTHOR INDEXxi

Adie, A. W. 2

Aird, R. & Jameson, N. 9

Anderson, R. N. M. 15

Ashton, C. 36, 48

Ashton, C. & Finch, V. 58

Auchie, D. 40

Baddon, K. 31

Ballantine, T. & Hall Dick, A. 42

Barraclough, F. R. 2

Bartos, D., Davidson, F. P. & Dundas, H. 10

Bayley, A. 47

Beaumont, P. R. & McEleavy, P. 59

Bennett, D. 13

Black, G. 12, 15

Blackie, J. & Reid, E. 8

Bowman, E. 21, 62

Bradley, I., Brown, A. N., Ferguson,

P. W. & Shiels, R. S. 25, 29

Brand, D. 19, 56

Brodie, D. 32, 33, 36

Brough, G. H. 13, 62

Brown, A. N. 25, 26, 27, 28, 56, 57

Brown, A. N., Shiels, R. S., Bradley, I. &

Ferguson, P.W. 25, 29

Brymer, S. & Rennie, R. 20

Cabrelli, D. 12

Cameron, B. & Reid, S. 6

Cameron, G. 33

Carey Miller, D. L. & Irvine, D. 17

Carloway, The Right Hon. Lord 6

Carmichael, H. M. R. 23

Carmichael, I. H. B. 70

Carruthers, J. & Crawford, E. 59

Chalmers, J. 70

Chalmers, J., Gane, C. H. W. & Stoddart,

Sheriff C. N. 22

Chalmers, J. & Gordon, G. H. 29

Chalmers, J. & Leverick, F. 27

Cherry, J. & Thomson, L. 61

Christie, M. G. A. 24

Christie, M. G. A. & Jones, T. H. 23

Christie, S. 25

Clark, G. B. & Urquhart, L. H. 18

Clark, I., Hope, J. & Walker, S. 11

Cleland, A. 43

Cleland, A. & Hall Dick, A. 43

Cleland, A. & Sutherland, E. E. 44

Clive, E. M. 46

Clyde, The Rt Hon. Lord & Edwards, D. 65

Cobb, D. & Franks, R. A. 61

Collar, N. 63

Connolly, C. 24

Connolly, J. P. 14

Conway, R. E. 34

Coulsfield, The Hon. Lord & MacQueen,

H. 49

Cowan, S. 3

Craig, V. & Miller, K. 31

Craig, V. & Walker, S. 37

Crawford, E. & Carruthers, J. 59

Cross, S. & Ford, P. 4

Cummins, J. 60

Cusine, D. J. & Paisley, R. 22

Dailly, M. 55

Dale-Risk, K. & Ewing, K. D. 58

Davidson, F. P. 10, 39

Davidson, F. P., Dundas, H. & Bartos, D. 10

Davidson, F. P. & Macgregor, L. 12

Doherty, The Hon. Lord & Haddow, C. S. 66

Drummond Young, The Hon. Lord &

St. Clair, J. 4

Duff, S. & McDonald, F. 64

Duncan, A. G. M. 55

Duncan, A. G. M. & Wilson, W. A. 70

Dundas, H., Bartos, D. & Davidson, F. P. 10

Edwards, D. & Clyde, The Right Hon. Lord65

Edwards, L. & Griffiths, A. 45

Ervine, W. C. H. 9, 15

Ewing, K. D. & Dale-Risk, K. 58

Evans-Jones, R. 71

Farquharson-Black, E., Rowan Robinson, J.,

Young, E. & Purdue, M. 63

Ferguson, P. W., Brown, A. N., Shiels, R. S.

& Bradley, I. 25, 29

Finch, V. & Ashton, A. 58

Fleming, M. F., McKinlay, J. &

McMillan, A. 55

Flint, D. 4

Ford, P. & Cross, S. 4

Franks, R. A. & Cobb, D. 61

Fullerton, K. L. 52

Gane, C. H. W., Stoddart, Sheriff C. N. &

Chalmers, J. 22

Galbraith, H. R. 67, 68, 69

Gerber, K. S. 17

Gibb, A. 16

Gibb, A. T. F. & Nichols, D. 46

Gibbons-Wood, L. 48

Gill, The Rt Hon. Lord 1, 63

Gordon, A. 68

Gordon, G. H. 24

Gordon, G. H. & Chalmers, J. 29

Gordon, W. M. & Wortley, S. 21

Gray, P. & Jamieson, R. 23

Gretton, G. L. & Reid, K. G. C. 17

Grier, N. 2, 11, 12

Griffiths, A. & Edwards, L. 45

Guthrie, T. 41

Haddow, C. S. & Doherty, The Hon. Lord 66

Hajducki, A. & Stuart, S. 61

Hall Dick, A. & Ballantine, T. 42

Hall Dick, A. & Cleland, A. 43

Hays, T. E. & Milne, C. C. 59

Hennessy, C. 5, 6

Higgins, M. 21

Hope, J., Walker, S. & Clark, I. 11

Hughes, H. 44

Hunter, R. 53

Huntley, J. A. K. 16

Irvine, D. & Carey Miller, D. L. 17

Jack, M. and McNeill, P. G. B. 41

Jackson, G. 14

Jameson, N. & Aird, R. 9

Jamieson, G. 10, 47

Jamieson, R. & Gray, P. 23

Johnston, David 8

Jones, T. H. & Christie, M. G. A. 23

Kendall, F., Malcolm, K. & Kellas, D. 44

Kellas, D., Kendall, F. & Malcolm, K. 44

Kerrigan, J. 67

Kinloch, D. 35

Leslie, W. 37

Leverick, F. & Chalmers, J. 27

Macaulay, M. & Ramsey, L. 14

MacDonald, F. 28

Macfarlane, R. P. & Scott, J. M. 46

Macgregor, L. & Davidson, F. P. 12

Mackay, M. R. & Simon, S. 36

Mackie, R. 65

MacQueen, H. 52, 71

MacQueen, H. & Coulsfield,

The Hon. Lord 49

MacSporran, A. & Young, A. 39

Maher, G. & Rodger, B. J. 5

Malcolm, K., Kellas, D. & Kendall, F. 44

McBryde, W. W. 16

McDonald, F. & Duff, S. 64

McEleavy, P. & Beaumont, P. R. 59

McInnes, R. 38

McKenzie, D. 3

McKinlay, J., McMillan, A. &

Fleming, M. F. 55

McManus, F. 38

McMillan, A., Fleming, M. F.

& McKinlay, J. 55

McNeill, P. G. B. & Jack, M. 41

Meston, M. C. 69

Miller, A. 57

Miller, K. & Craig, V. 31

Milne, C. C. & Hays, T. E. 59

Morrison, N. 30

Munro, J. 65, 66

Nichols, D. & Gibb, A. T. F. 46

Norrie, K. McK. 41, 43, 49

W_Green_catalogue_2011:Layout 1 09/03/2011 11:28 Page xi

AUTHOR INDEX

Norrie, K. McK.& Wilkinson, A. B. 47

O’Donnell, D. 68

O’Rourke, S. R. 49

Paisley, R. 69

Paisley, R. & Cusine, D. J. 22

Paterson, A. A. & Ritchie, B. 54

Paton, Rt Hon. Lady 34

Purdue, M., Farquharson-Black, E.,

Rowan Robinson, J. & Young, E. 63

Raitt, F. 40

Ramsey, L. & Macaulay, M. 14

Reid, A. S. 39

Reid, C. T. 38

Reid, E. C. 31

Reid, E. C. & Blackie, J. 8

Reid, K. G. C. & Gretton, G. L. 17

Reid, S. & Cameron, B. 6

Rennie, R. 18, 19

Rennie, R. & Brymer, S. 20

Ritchie, B. & Paterson, A. A. 54

Robison, M. & Taggart, L. 37

Robson, P. & Vennard, A. 56

Rodger, B. J. & Maher, G. 5

Rowan Robinson, J. 62, 64

Rowan Robinson, J., Young, E., Purdue, M.

& Farquharson-Black, E. 63

Scobbie, E. M. 66

Scott, J. M. 35

Scott, J. M. & Macfarlane, R. P. 46

Shiels, R. S. 26, 60

Shiels, R. S., Bradley, I., Ferguson, P. W.

& Brown, A. N. 25, 29

Simon, S. & Mackay, M. R. 36

Simon, S. & Taggart, L. 37

St. Clair, J. & Drummond Young,

The Hon. Lord 4

Stewart, W. J. 32, 35, 53, 71

Stoddart, Sheriff C. N., Chalmers, J. &

Gane, C. H. W. 22

Stuart, S. & Hajducki, A. 61

Sutherland, E. E. 42, 45

Sutherland, E. E. & Cleland, A. 44

Talman, I. J. S. 18

Taggart, L. & Robison, M. 37

Taggart, L. & Simon, S. 37

Thompson, H. 64

Thomson, D. 27

Thomson, J. 33, 45, 51, 52

Thomson, L. & Cherry, J. 61

Thomson, M. 63

Urquhart, L. H. & Clark, G. B. 18

Vennard, A. & Robson, P. 56

Ward, Adrian D. 1

Walker, D. M. 9, 60

Walker, S., Clark, I. & Hope, J. 11

Walker, S. & Craig, V. 37

Welsh, Sheriff T. 8, 30

Wiewiorka, E. 58

Wilkinson, A. B. & Norrie, K. McK. 47

Wilson, W. A. & Duncan, A. G. M. 70

Wortley, S. & Gordon, W. M. 21

Young, A. & MacSporran, A. 39

Young, E., Purdue, M., Farquharson-Black,

E. & Rowan Robinson, J. 63

xii

W_Green_catalogue_2011:Layout 1 09/03/2011 11:28 Page xii

100 Cases That Every Scots Law Student Needs to Know, 2nd edn

(Law Basics) 49

Adoption of Children in Scotland, 4th edn 41

Adult Incapacity 1

Adults with Incapacity Legislation 1

Annotated Rules of the Court of Session 2010–2011, Greens 5

Antisocial Behaviour Legislation 41

Antons Private International Law, 3rd edn (SULI) 59

Arbitration (SULI) 10

Arbitration (Scotland) Act 2010 10

Armour on Valuation for Rating 66

Art of Family Law: Skills for Successful Practice 42

Banking Law in Scotland 11

Bankruptcy, 2nd edn 2

Bankruptcy & Diligence etc. (Scotland) Act 2007 2

Bankruptcy and Mercantile Statutes 2009/2010, Greens 3

Bribery Act 2010 26

Business Law Bulletin, Greens 13

Business Law in Scotland, 2nd edn 12

Casebook on Delict, 2nd edn 35

Casebook on Scottish Criminal Law, 4th edn 22

Charities and Trustee Investment (Scotland) Act 2005 4

Child Abuse, Child Protection and the Law 43

Child and Family Law, 2nd edn 42

Child Centred Family Law Practice 43

Children (Scotland) Act 1995, 2nd edn 41

Children’s Hearings in Scotland, 2nd edn 43

Children’s Rights in Scotland, 3rd edn 44

Civil Jurisdictions in the Scottish Courts 5

Civil Practice Bulletin, Greens 6

Civil Procedure and Practice, 3rd edn (GCSL) 6

Cohabitation, 2nd edn 44

Commercial, 4th edn (Law Basics) 11

Commercial Agreements in Scotland: Law and Practice 12

Commercial Law in Scotland, 2nd edn 12

Commercial Leases in Scotland: A Practitioners Guide 17

Commission and Diligence 39

Company Law, 3rd edn (GCSL) 13

Compulsory Purchase and Compensation: The Law in Scotland,

3rd edn 62

Confidentiality, Personality and Privacy in Scots Law (SULI) 31

Confiscation and Civil Recovery—A Guide to the Proceeds of Crime

Act 2002 23

Constitutional, 3rd edn (Law Basics) 65

Construction Law (GCSL) 14

Construction and Procurement Law 14

Consumer Law in Scotland, 4th edn 15

Contract, 3rd edn (Law Basics) 16

Contract: Cases and Material, 2nd edn 16

Contract of Employment (SULI) 36

Conveyancing, 4th edn 17

Conveyancing in the Electronic Age 20

Corporate Manslaughter and Corporate Homicide Act 2007 23

Corporeal Moveables in Scots Law, 2nd edn (SULI) 17

Criminal, 4th edn (Law Basics) 24

Criminal Defences and Pleas in Bar of Trial (SULI) 27

Criminal Law, 4th edn (GCSL) 23

Criminal Law Bulletin, Greens 25

Criminal Law of Scotland and Supplement, 3rd edn (SULI) 24

Criminal Procedure (Scotland) Act 1995, 10th edn 25

Currie on Confirmation of Executors, 9th edn 66

Data Protection Act 1998 58

Debt Legislation 3

Delict (SULI) 33

Delict, 4th edn (GCSL) 32

Delict, 4th edn (Law Basics) 33

Dilapidations in Scotland, 2nd edn 55

Domestic Abuse and Scots Law 44

Drafting for Succession, 2nd edn 67

Education Law in Scotland 35

Elder Client: A Practical Guide 64

Employment Law, 2nd edn 36

Employment Law: An Introduction, 3rd edn 37

Employment Law Bulletin, Greens 37

Employment Tribunal Practice in Scotland, 2nd edn 37

Enforcement of Heritable Securities 21

Environmental Law in Scotland (SULI) 38

European Union, 4th edn (Law Basics) 39

Evidence, 3rd edn (Law Basics) 40

Evidence (SULI) 39

Evidence: Cases and Materials, 3rd edn 40

Evidence—Principles, Policy and Practice (GCSL) 40

Executry Tax Planning 67

Express Wills for Scotland 67

Family Law, 2nd edn (GCSL) 45

Family, 2nd edn (Law Basics) 45

Family Law Bulletin, Greens 46

Family Law Reform 45

Family Law Reports, Greens 46

Financial Provision on Divorce and Dissolution of Civil Partnerships 47

Gloag and Henderson: The Law of Scotland, 12th edn 49

Glossary of Legal Terms, 5th edn (Law Basics) 49

Greens Weekly Digest 50

Halliday’s Conveyancing Law and Practice in Scotland,

2nd edn (SULI) 18

Housing Law Reports, Greens 55

Human Rights, 2nd edn (Law Basics) 56

Human Rights Act 1998 57

Human Rights and Scots Law (GCSL) 58

Human Rights in Scotland: Text, Cases and Materials 58

Inchoate Crimes 25

Intellectual Property Law in Practice 59

International Private Law: A Scots Perspective, 3rd edn 59

Introduction to Construction Law in Scotland 14

Introduction to the Law of Health and Safety at Work in Scotland,

2nd edn 31

Judicial Review (SULI) 65

Juridical Review 51

TITLE INDEXxiii

W_Green_catalogue_2011:Layout 1 09/03/2011 11:28 Page xiii

TITLE INDEX

Land Tenure and Tenements Legislation, 3rd edn 19

Land Tenure in Scotland 18

Law of Agricultural Tenancies in Scotland, 4th edn 1

Law of Contract in Scotland, 3rd edn (SULI) 16

Law of Corporate Insolvency in Scotland, 4th edn 4

Law of Husband and Wife in Scotland, 4th edn (SULI) 46

Law of Restitution in Scotland and Supplement 71

Law, Practice and Conduct for Solicitors 54

Law Relating to Parent and Child in Scotland, 2nd edn (SULI) 47

Law Society of Scotland Directory of Expert Witnesses 2010 54

Legal Research Skills for Scots Lawyers, 2nd edn 52

Licensing (Scotland) Act 2005, 2nd edn 60

Litigation Styles: Family Actions and Adoption 7

Litigation Styles, Greens 6

MacPhail’s Sheriff Court Practice, 3rd edn (SULI) 8

MacRoberts Scottish Liquidation Handbook, 4th edn 4

Maximising Criminal Injuries Compensation 31

McEwan & Paton on Damages for Personal Injuries in Scotland 34

McEwan & Paton: Personal Injury Practice (CD) 34

Mental Health and Scots Law in Practice, 2nd edn 61

Mental Health (Care and Treatment) (Scotland) Act 2003 61

Meston’s Succession Opinions 68

Miller on Partnership, 2nd edn (SULI) 62

Money Laundering 26

Nature Conservation Law, 3rd edn 38

New Public Management of Scotland: Local Government and the

National Health Service 65

Offensive Weapons, 2nd edn 26

Parliament House Book 51

Personal Bar (SULI) 8

Personal Injury Practice in the Sheriff Court, 3rd edn 34

Planning, 3rd edn 63

Pleading in International Arbitration: A Complete Practitioner’s

Guide 11

Practical Advocacy in the Sheriff Court 5

Practical Guide to Adjudication in Construction Matters 15

Practical Guide to Rent Review of Agricultural Holdings in Scotland 2

Practice Styles, Greens 7

Prescription and Limitation of Actions, 6th edn 9

Prescription and Limitations (SULI) 8

Prisons, Prisoners and Parole 27

Private Client Law Review 64

Private Limited Companies: Formation and Management, 3rd edn 13

Proceeds of Crime 28

Promised Land: Property Law Reform 19

Property (Law Basics) 19

Property Law Bulletin, Greens 18

Public Law, 2nd edn (GCSL) 66

Regulation of Investigatory Powers in Scotland 28

Rennie’s Opinions on Professional Negligence in Conveyancing 20

Renton and Brown’s Criminal Procedure, 6th edn 29

Renton and Brown’s Criminal Procedure Legislation 29

Renton and Brown’s Statutory Offences 29

Reparation Bulletin, Greens 33

Reparation Law Reports, Greens 35

Reparation Legislation 32

Reparation: Liability for Delict 32

Representing Drug Offenders 28

Residential Tenancies, 3rd edn 56

Road Traffic Sentencing Referencer 30

Science of Family Law: Tools for Successful Practice 42

Scots Dimension to Cross-Border Litigation 9

Scots Law for Journalists 38

Scots Law into the 21st Century 52

Scots Law Times 50

Scots Law Times Index (1961–1990) 53

Scots Law Times Index (1991–2002) 53

Scots Private Law 52

Scottish Civic Government Licensing Law, 3rd edn 61

Scottish Contemporary Judicial Dictionary 53

Scottish Conveyancing Legislation 20

Scottish Criminal Law 30

Scottish Debt Recovery: A Practical Guide 3

Scottish Education Manual 36

Scottish Family Law Legislation 47

Scottish Human Rights Journal, Greens 57

Scottish Human Rights Service, Greens 57

Scottish Land Law, 3rd edn (SULI) (2 Vols) 21

Scottish Landlord and Tenant Legislation 56

Scottish Lawyer’s Factbook 53

Scottish Legal System, 3rd edn (Law Basics) 60

Scottish Legal System: An Introduction to the Study of Scots Law,

8th edn 60

Scottish Planning Encyclopedia 63

Scottish Planning Factbook, Greens 62

Scottish Planning Law and Procedure (SULI) 63

Scottish Social Work Legislation 48

Scottish Surveyor’s Factbook 21

Scottish Trusts and Succession Service 69

Scottish Trusts: A Drafting Guide, 2nd edn 68

Sentencing Practice 30

Servitudes (SULI) 22

Sexual Offences (Scotland) Act 2009 27

Sheriff Court Rules, Greens 7

Small Claims Handbook, 2nd edn 9

Social Work Law in Scotland, 2nd edn 48

Solicitors Professional Handbook 2010–2011, Greens 54

Summary Applications and Suspensions 10

Succession, 2nd edn (Law Basics) 68

Succession (Scotland) Act 1964, 5th edn 69

Sudden Deaths and Fatal Accident Inquiries, 3rd edn 70

Town and Country Planning (Scotland) Act 1997 64

Trayner’s Latin Maxims, 4th edn 55

Trusts: Cases and Materials 70

Trusts (Law Basics) 69

Trusts, Trustees and Executors, 2nd edn (SULI) 70

Understanding Scots Law 48

Unjustified Enrichment, 2nd edn (Law Basics) 71

Unjustified Enrichment (SULI) 71

Unreported Property Cases 22

Woolman on Contract, 4th edn (GCSL) 15

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