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 iii

WELCOME TO THE W. GREEN COMPLETE CATALOGUE 2011 iii

Dear Professional

Welcome to the W. Green Complete Catalogue for 2011.

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

Some of the 2010 highlights include the Arbitration (Scotland) Act 2010 published to coincide with the enforcement of the Act, authored by Fraser Davidson, David Bartos and Hew Dundas. 2010 also saw the publication of Professors Gerry Maher and Barry Rodger’s Civil Jurisdiction in the Scottish Courts, the first text on this subject since Duncan & Dykes in 1911. Further key publications include the 3rd edition of Neil Collar’s Planning, a 4th edition of Adoption of Children in Scotland and a 2nd edition of John Kerrigan’s popular Drafting for Succession. W. Green’s partnership with the Scottish Universities Law Institute continued with the December publication of Confidentiality, 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 Peter McEleavy will publish in December. We are also pleased to announce new editions of Cohabitation; Scottish Trusts: A Drafting Guide and Gretton & Reid’s Conveyancing. Mirroring the current financial climate we also have new editions of Bankruptcy, The Law of Corporate Insolvency and a brand new title; Scottish Debt Recovery: A Practical Guide.

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

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CONTENTS vi

Publications in this catalogue are listed Adult Incapacity 1 Evidence 39 under their relevant subject areas, however, in some cases titles overlap areas. If you Agricultural 1 Family and Social Welfare 41 require further clarification, please refer to the index at the back of this catalogue Bankruptcy, Debt and Insolvency 2 General and Reference 48 where listings are provided by Author or Title. Charity 4 Housing, Landlord and Tenant 55

Civil Practice 5 Human Rights 56

Commercial 10 Intellectual Property and Data Protection 58

Company 12 International Private Law 59

Construction 14 Legal System 60

Consumer 15 Licensing 60

Contract 15 Mental Health 61

Conveyancing and Property 17 Partnership 62

Criminal 22 Planning 62

Delict and Reparation 31 Private Client 64

Education 35 Public 65

Employment 36 Rating and Valuation 66

Entertainment and Media 38 Succession and Trusts 66

Environment 38 Tribunals and Inquiries 70

European and EU 39 Unjust Enrichment 71 W_Green_catalogue_2011:Layout 1 09/03/2011 11:28 Page 1

ADULT INCAPACITY | AGRICULTURAL 1 NEW EDITION

ADULT INCAPACITY ADULTS WITH INCAPACITY THE LAW OF AGRICULTURAL GREENS PRACTICE LIBRARY LEGISLATION TENANCIES IN SCOTLAND Adrian D. Ward GREENS ESSENTIAL LEGISLATION 4th Edition Adrian D. Ward GREENS PRACTICE LIBRARY The Rt Hon. Lord Gill The needs and vulnerabilities of citizens with disabilities and impairments of capacity As an important area of legal practice, adult present the most direct challenge to the incapacity law has developed dynamically “We are surely grateful to have such a professionalism of lawyers. This text provides since original enactment of the Adults with thorough and comprehensive guide to this a comprehensive and authoritative guide to Incapacity (Scotland) Act 2000. The Act has complex area of law. It is a professional the legal issues relating to capacity, with been amended by five statutes and four update by the acknowledged expert and a particular reference to the provisions of the statutory instruments. There have been 'must' for all lawyers dealing with Adults with Incapacity (Scotland) Act 2000. important case law and other developments. agricultural law.” Hugh D. Cochran, Scottish Law Gazette of Contents: This book sets out the text of the 2000 Act the previous edition n Disabilities, capacity and assessment with all amendments up to and including n Professional and practical issues those which came into force on October 27, Scotland’s principal work on the Law of n The Incapacity Act — Introduction and 2008, with up-to-date general comment on Agricultural Holdings has been extensively background the Act, including its background and updated to take into account legislative and ­­­­­n The Incapacity Act — General principles international context, and upon each of its case law developments. The new edition and definition of incapacity parts, and with section by section contains comprehensive analysis of the new n Key roles and functions under the Act annotations. Section 13ZA of the Social Short Limited Duration Tenancies and n Powers of attorney Work (Scotland) Act 1968, introduced in Limited Duration Tenancies created by the n Other anticipatory techniques 2007, is of importance to practice under the Agricultural Holdings (Scotland) Act 2003. n Authority to intromit and transfer Incapacity Act, and is included with To accommodate the enormous amount of n Management of residents’ finances extensive commentary. new material, the 4th edition will be n Intervention orders and guardianship — presented in two volumes. General Adrian D. Ward, Solicitor, is a senior partner n Guardianship — Further provisions of Messrs Turnbull & Ward, Barrhead. Volume 1 will provide detailed legal analysis n Other responsive measures of the operation of agricultural holdings in n Trusts and other third party measures Scotland. n Healthcare decisions and medical 2008 research 9780 414 01580 7 Pt I Introduction and Historical Review n Constructing decisions Paperback Pt II 1991 Act Tenancies £62.00 Pt III Short Limited Duration Tenancies Adrian D. Ward, Solicitor, is a senior partner and Limited Duration Tenancies of Messrs Turnbull & Ward, Barrhead. Pt IV Leases for Grazing or Mowing Pt V Jurisdiction, Procedure and Evidence 2003 9780 414 01472 5 Volume 2 will contain the full, consolidated, Hardback text of all relevant legislation, including the £149.00 Agricultural Holdings (Scotland) Act 2003 and the Agricultural Holdings (Scotland) Act 1991.

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

2011 2 Volume set 9780 414 01501 2 c.£235.00 W_Green_catalogue_2011:Layout 1 09/03/2011 11:28 Page 2

AGRICULTURAL | BANKRUPTCY, DEBT AND INSOLVENCY 2 NEW EDITION

A PRACTICAL GUIDE TO RENT BANKRUPTCY BANKRUPTCY & DILIGENCE REVIEW OF AGRICULTURAL 2nd Edition ETC. (SCOTLAND) ACT 2007 HOLDINGS IN SCOTLAND Alan W. Adie GREENS ANNOTATED ACTS Fraser R. Barraclough Nicholas Grier

This is a concise guide to bankruptcy aimed Rent review of agricultural holdings in at solicitors and licensed insolvency solicitors The Bankruptcy and Diligence etc. (Scotland) Scotland should be a straightforward in Scotland. This area is growing in Act 2007 introduces sweeping reforms to the business transaction. Due to the extent that importance for solicitors due to the steady law relating to sequestration and personal the law has intervened, this is not true. This increase in the number of individuals and insolvency, floating charges and diligence. It title is a straightforward, non-technical partnerships which have gone bankrupt establishes a Scottish Civil Enforcement guide to the full process of rent review of since 1998. Commission and it also introduces a new agricultural holdings. The excellent diligence of ‘land attachment’. explanations and advice contained make the This new edition is a very welcome tool for procedure easily understandable. all those working in this area and the first This annotated copy of the Act will ensure update since 1995. Apart from key changes that lawyers have access to the full text of Written by a well-known surveyor, this is the to case law and legislation since then, the Act together with expert commentary only Scottish title to give a full treatment of including those introduced by the Home on the key provisions. agricultural rent review. The fact that it Owner and Debtor Protection (Scotland) Act deals with matters relevant to rent review 2010, this book will also look forward to key Contents: and does not diversify means that it covers legislative changes. This will include the new n Bankruptcy the area completely and is as focused as consolidation Act, provisionally titled the n Floating charges possible. The important practical advice on Bankruptcy (Scotland) Act 2010. n Enforcement this most common agricultural transaction n Land attachment and residual contained in this title is not available Changes will include the following: attachment anywhere else. n Debtors will be discharged from n Inhibition bankruptcy after one year instead of n Diligence on the dependence This is a must have title for all involved in three years n Interim attachment the process of agricultural rent review. Rural n There will be a power to impose n Attachment of money surveyors and agricultural solicitors need a bankruptcy restrictions for up to 15 years n Diligence against earnings clear understanding of this procedure to if the debtor’s conduct, before or after n Arrestment in execution and action of carry out their jobs correctly. This title the award of sequestration, indicates forthcoming ensures you have knowledge and that some form of further restriction is n Maills and duties, sequestration for understanding to serve clients with in the public interest rent and landlord’s hypothec confidence. Auctioneers and agricultural n Debtors will apply to AiB (Accountants in n Summary warrants, time to pay and arbiters will also find this title necessary to Bankruptcy) instead of the sheriff court charges to pay guarantee they make the right decisions. for their own bankruptcy n Amendments of the Debt Arrangement Finally, Rent Review of Agricultural Holdings n There will be a new route into and Attachment (Scotland) Act 2002 in Scotland is a valuable title for landowners bankruptcy for debtors with low income n Admiralty actions and arrestment of themselves, to ensure they are aware of and low assets ships their rights and that all procedures are n A debtor’s family home will be n Actions for removing from heritable correctly adhered to. reinvested if their trustee does not begin property action to sell it within three years of the n Disclosure of information Contents: award of sequestration n General and miscellaneous n Rent — what is it? n The debt threshold for bankruptcy will n Improvements increase to £3000 Nicholas Grier is a Senior Lecturer in Law at n Quotas n Student loans will not be written off by Napier University University and Deputy n Comparable evidence bankruptcy Head of the Centre for Law. n Arbitration n Appendices — containing styles, These changes will have huge affects on the legislation and case notes everyday working life of those in finance in 2008 Scotland and they will need to prepare for 9780 414 01685 9 Fraser R. Barraclough is a Surveyor with them. This book is the preparation tool they Paperback extensive experience of acting in rent review need. £82.00 proceedings. Alan W. Adie is a Licensed Insolvency Practitioner, Adie Financial Solutions Ltd. 2002 978 0 414 01506 7 Paperback 2011 £39.00 978 0 414 01723 8 Hardback c.£59.00 W_Green_catalogue_2011:Layout 1 09/03/2011 11:28 Page 3

BANKRUPTCY, DEBT AND INSOLVENCY 3 NEW TITLE NEW TITLE

GREENS BANKRUPTCY AND DEBT LEGISLATION SCOTTISH DEBT RECOVERY: MERCANTILE STATUTES GREENS ESSENTIAL LEGISLATION A PRACTICAL GUIDE 2009/2010 Dawn McKenzie Stephen Cowan PARLIAMENT HOUSE BOOK

Building on the success of the author’s Due to the current economic climate, levels Parliament House Book is the most earlier work Debt Arrangement and of debt recovery work have increased comprehensive and up-to-date source of Attachment, this new volume of annotated dramatically. This rise in the volume of work legislation available to Scots law legislation has been expanded to include the in this area alongside important new practitioners and students, providing you amended text of the Debtors (Scotland) Act legislation such as the Debtors (Scotland) Act with fingertip access to collections of 1987. 1987, as amended by the Bankruptcy and consolidated statutes, legislative Diligence etc (Scotland) Act 2007, has amendments and subordinate legislation in The legislation is fully consolidated and necessitated the need for an up-to-date key areas of the law. includes amendments made by the narrative guide on the subject. The book is Bankruptcy and Diligence etc. (Scotland) Act split into four key parts: Greens Legislative Looseleaf Reprints, 2007, such as the creation of the new printed annually,reproduce significant diligence of ‘interim attachment’. Part I—Collection techniques pre-sue sections of this respected looseleaf n Identifying the client and creditor title. They offer all the weight and authority The author’s detailed annotations provide (Money Laundering Regulations) of the encyclopaedia in handy portable expert analysis of this complex area of the n Types of debtor formats, allowing you access to the facts law, making this an essential purchase for all n Formation of contracts and whether in the office, court, library or at solicitors and legal professionals dealing incorporation of Ts and Cs home. with debt recovery work. n Obtaining information on debtor’s various searches The 2009/2010 edition of Greens Bankruptcy Contents: n Data Protection Act 1998 and Mercantile Legislation includes: n Debtors (Scotland) Act 1987 n Consumer Credit Act n Debt Arrangement and Attachment n Partnership Act 1890 (Scotland) Act 2002 Part II—Raising court actions n Unfair Contract Terms Act 1977 n Act of Sederunt (Debt Arrangement and n Jurisdiction n Sale of Goods Act 1979 Attachment (Scotland) Act 2002) 2002 n Domicile n Supply of Goods and Services Act 1982 n Debt Arrangement Scheme (Scotland) n Consumer contracts n Bankruptcy (Scotland) Act 1985 Regulations 2004 (SSI 2004/468) n Consumer credit agreements n Law Reform (Miscellaneous Provisions) n Payment actions (Scotland) Act 1985 Dawn McKenzie is a Partner with Harper n Defended procedure n Contracts (Applicable Law) Act 1990 Macleod. n Time to pay directions and orders n Bankruptcy (Scotland) Act 1993 n Expenses n Sale and Supply of Goods Act 1994 n Contract (Scotland) Act 1997 2011 Part III—Diligence n Bankruptcy and Diligence etc (Scotland) 978 0 414 01782 5 n Diligence on the dependence Act 2007 Paperback n Diligence against earnings n Late Payment of Commercial Debts c.£75.00 n Arrestment (Interest) Act 1998 n Charges for payment n Bankruptcy Fees (Scotland) Regulations n Inhibition 1993/486 n Money attachment n Unfair Terms in Consumer Contracts Regulations 1999 Part IV—Insolvency n Bankruptcy (Scotland) Regulations 2008 n Sequestration n Act of Sederunt (Sheriff Court n Trust deeds Bankruptcy Rules) 2008 n Liquidation n Statutory demands for payment n Debt Arrangement Scheme 2009 978 0 414 01793 1 Stephen Cowan is a Managing Partner at Paperback Yuill & Kyle £64.00

2011 978 0 414 01821 1 Hardback c.£60.00 W_Green_catalogue_2011:Layout 1 09/03/2011 11:28 Page 4

BANKRUPTCY, DEBT AND INSOLVENCY | CHARITY 4 NEW EDITION

THE LAW OF CORPORATE MacROBERTS SCOTTISH CHARITIES AND TRUSTEE INSOLVENCY IN SCOTLAND LIQUIDATION HANDBOOK INVESTMENT (SCOTLAND) 4th Edition 4th Edition ACT 2005 GREENS PRACTICE LIBRARY David Flint GREENS ANNOTATED ACTS John St. Clair and The Hon. Lord Stuart Cross and Patrick Ford Drummond Young QC This is an updated practical guide for Insolvency Practitioners, solicitors, This important new title features a fully The most up-to-date and authoritative accountants and other professionals, to the annotated version of this highly publicised guidance on all aspects of corporate law and practice surrounding the liquidation new Act. The Act fundamentally transforms insolvency as the law stands in Scotland. It of companies in Scotland. the public regulation of Charities, redefines provides a full understanding of the ‘Charity’ and also has an impact on Trust principles underpinning the law, as well as Examining all the stages in the process of law. the application of it. liquidation (compulsory and voluntary), with references to the specific Scottish This title covers the creation of the Office of This fully revised 4th edition focuses on the insolvency rules and legislation, this is an the Scottish Charity Regulator and the recent amendments to the Scottish essential purchase for anyone practising in changes in trustee investment powers. It Insolvency Rules by the following SSIs: this area of law or who needs to understand provides the reader with everything they the process. need to stay ahead of the changes Insolvency (Scotland) Amendment Rules introduced by this Act. An essential purchase 2008 (SSI 2008/662) Following the introductory narrative, which for private client lawyers and charity law Insolvency (Scotland) Amendment Rules details clearly the steps which require to be specialists allowing them to advise clients 2007 (SSI 2007/2537) followed on a day to day basis, you will find with confidence, and for charities wishing to Insolvency (Scotland) Amendment Rules a wealth of wholly revised and updated make sure they are compliant with the new 2006 (SSI 2006/734) styles for your use, including: regulations. Insolvency (Scotland) Amendment Rules 2006 (SSI 2006/735) n Petitions to court Stuart Cross is a Senior Lecturer at the n Agendas and minutes for required University of Dundee. He is an There have also been over 360 cases since meetings acknowledged expert in Charity law and the previous edition in 2004 and content n Relevant letters advised on the drafting of the new Bill. and changes from a number of these are n Notes (e.g. for delivery of property taken into the text. Considerable updates reduction of gratuitous alienation) Patrick Ford is a Lecturer at the University of have been made to the areas of n Sederunt book entries Dundee and a Member of the Charity Law administration, liquidation, employment and n Deed of Appointment for Independent Research Unit. He also advised on the pensions and the chapter on the Trustees to Pension Schemes drafting of the new Bill. International Dimension. Expanded from the previous edition, Contents include: MacRoberts Scottish Liquidation Handbook 2006 n Part 1—The history and context of includes major sections on new concerns for 978 0 414 01663 7 Scottish insolvency law liquidators and those advising them Paperback n Part 2—Various insolvency regimes including wholly rewritten chapters on £52.00 n Part 3—Effect of insolvency pensions, employment, data protection, the n Part 4—Securities and special creditor environment and some taxation issues. rights There is also a new chapter on property n Part 5—Procedure and practice issues for liquidators n Part 6—The international dimension David Flint is a Partner in the Corporate John St. Clair was formerly an Advocate Recovery Group at MacRoberts LLP, The Hon. Lord Drummond Young, QC was a Licensed Insolvency Practitioner and an appointed a Judge of the Supreme Court in Accredited Specialist in Insolvency Law. 2001

2010 2011 978 0 414 01822 8 978 0 414 01755 9 Hardback and CD ROM Hardback £90.00 + £1.80 VAT = £91.80 c.£175.00 W_Green_catalogue_2011:Layout 1 09/03/2011 11:28 Page 5

CIVIL PRACTICE 5

GREENS ANNOTATED RULES PRACTICAL ADVOCACY CIVIL JURISDICTION IN THE OF THE COURT OF SESSION IN THE SHERIFF COURT SCOTTISH COURTS 2010–2011 Charles Hennessy Professor Gerry Maher QC & PARLIAMENT HOUSE BOOK Professor B. J. Rodger

This practical and comprehensive title is of Reproduced from the Parliament House great benefit to students and practitioners The issue of jurisdiction is involved every Book, this book provides a comprehensive alike in providing detailed guidance on how time an action is raised in the Scottish and authoritative guide to the practice and to conduct effective advocacy in the sheriff courts. This new work by Professors Maher procedure of the Court of Session. courts. and Rodger will be the first book to deal with the practical aspects of jurisdiction for Scottish practitioners. As well as providing the full text of the Civil Advocacy in the Sheriff Court demystifies the practice of advocacy and ...... Rules of the Court of Session (SI 1994/1443), Civil Jurisdiction in the Scottish Courts will helps new court lawyers to gain confidence this handy, portable volume also provides provide comprehensive coverage of all the while providing the more experienced with detailed expert analysis written by Sheriff areas of civil jurisdiction, including family Nigel Morrison QC. tools to analyse and hone their skills. actions, succession, insolvency and diligence. Written in a highly practical style, the book Contents include: Case studies illustrate what advocacy means will be an essential reference book for all n Updated and annotated Act of Sederunt in practice and contain recommended Scottish civil court practitioners. (Rules of the Court of Session 1994) 1994 transcripts of what to say and what not to (SI 1994/1443) say in order to help win cases. The book also Contents: n Expenses of Party Litigants (SI 1976/1606) aids the reader’s ability to adapt and apply n Sources and Structure of the Law of Civil Jurisdiction n Messengers-at-Arms and Sheriff Officers the core skills to particular and unusual n Domicile and Presence Rules 1991 (SI 1991/1397) circumstances. n Rule 2 Grounds n Solicitor’s Rights of Audience 1993 n Consumer Contracts Contents: (SI 1993/1215) n Contracts of Employment n Court of Session etc. n Handling disputes pre-litigation n Insurance Contracts n Act of Sederunt (Rules of the Court of n Precognitions n Exclusive Jurisdiction Session Amendment) (Fees of Solicitors, n Written pleadings n Family Proceedings Shorthand Writers and Witnesses) 2002 n Advocacy skills n Insolvency and Winding Up (SSI 2002/301) n Preparing and presenting motions n Obligations n Directions and Practice Notes n Preparing and presenting debates n Property n Preparation of proof n Actions relating to Succession n Examination of witnesses n Trusts n Jurisdiction in Diligence 2010 n Cross examination of witnesses n Submissions after proof n Admiralty Actions 978 0 414 01794 8 n Prorogation and Submission n Preparing and conducting appeals Paperback n Excluding Jurisdiction £125.00 n Procedural Issues Charles Hennessy, Solicitor Advocate, is a n Examination as to Jurisdiction partner at Charles Hennessy & Co, Glasgow New edition to publish Autumn 2011 n Pleading Jurisdiction and is a visiting professor at Glasgow Graduate School of Law. 2011 978 0 414 01842 6 Paperback 2010 2006 c.£125.00 978 0 414 01368 1 978 0 414 01503 6 Hardback Hardback £140.00 £63.00 W_Green_catalogue_2011:Layout 1 09/03/2011 11:28 Page 6

CIVIL PRACTICE 6

CIVIL PROCEDURE GREENS GREENS LITIGATION STYLES AND PRACTICE CIVIL PRACTICE BULLETIN REGULAR UPDATES 3rd Edition 6 ISSUES A YEAR Editor: The Right Hon. Lord GREENS CONCISE SCOTS LAW Co-editors: Stuart Reid Carloway Charles Hennessy and Brian Cameron

“This is a publication of major importance The third edition of this well respected title The Civil Practice Bulletin gives Scottish and for once it can be said with sincerity by is a straightforward yet comprehensive practitioners guidance on both sheriff court a reviewer that no court practitioner, textbook offering guidance on the many and Court of Session rules and procedures. whether in the Court of Session or the diverse forms of civil procedure, from small The following columns are regularly sheriff court, can afford to be without it. No claims to the Court of Session Rules, and featured: Editorial; Comment; Court of more valuable and practical book on court examining the basic principles behind the practice has appeared in modern times and rules and their practical application. Session Cases; Sheriff Court Cases. unreserved congratulations are due to Lord Since the last edition significant changes Coverage in 2010 included: Davidson and his colleagues.” have taken place in the jurisdiction limits for n Editorials, including notes on: D. B. Weir, Journal of the Law Society summary causes and small claims with • The draft Report of the Thomson consequent alterations in rules and Review The purpose of this volume is to give procedures. Important updates include: • The Interpretation and Legislative practical help to those who have the Reform (Scotland) Act responsibility of drafting pleadings in the n Inclusion of key jurisdictional changes • The Report of the Scottish Civil Scottish courts. n Updated text on major developments in Courts Review procedure and practice • Home Owner and Debtor Protection n Styles for litigation in the sheriff court n Updated case references and Court of Session are included n New and updated footnotes (Scotland) Act 2010 n Comments, including: n Regularly updated — new styles will be added and existing styles revised to take Presenting a clear and concise introduction • Pleading Requirements to the practice and procedure of Scotland’s • The Expert in Court account of new legislation and other civil courts, this title is essential reading for • Section 19A and the “Alternative developments Scots law students, particularly those taking Remedy” n The companion CD-ROM allows the Diploma in Legal Practice. This is also an n Court of Session Cases the busy practitioner to assemble styles ideal reference guide for recently qualified n Sheriff Court Cases at speed solicitors and a handy updating tool for civil practitioners at all stages of their careers. Stuart Reid is a Solicitor Advocate with Contents: Maclay Murray & Spens, Glasgow. n Actions Contents: n Special sheriff court causes n Rules of procedure and practice n Petitions n The different courts and their rules of Brian Cameron is a partner at Macdonalds n Defences and answers procedure Solicitors, Glasgow. n Written pleadings n Incidental elements n Preliminary pleas n Bankruptcy and insolvency n Court of Session ordinary actions 1357-2768 n Family actions n Personal injury actions in the Court of 2011 Annual Subscription Price: £256.00 n Multiplepoinding Session n Adoption n Commercial actions in the Court of n Commercial actions Session n Personal injury actions n Judicial review n Sheriff court ordinary actions The Right Hon. Lord Carloway is a Judge in n Sheriff court commercial actions the Inner House of the Court of Session. n Summary cause n Small claims n Declaratory actions and petitory actions 978 0 414 01038 3 n Summary applications and statutory 2 Volume Looseleaf and CD-ROM applications and appeals £660.00 + £66.00 VAT = £726.00 n Incidental procedure in civil actions Annual Subscription n Special procedures in actions of damages for personal injury n Legal debates n Proof, proof before answer and jury trial n Decrees n Appeals n Expenses n Human rights legislation and rules of civil procedure

Charles Hennessy, Solicitor Advocate, is a partner at Charles Hennessy & Co, Glasgow and is a visiting professor at Glasgow Graduate School of Law.

2008 978 0 414 01751 1 Paperback £39.00 W_Green_catalogue_2011:Layout 1 09/03/2011 11:28 Page 7

CIVIL PRACTICE 7

LITIGATION STYLES: FAMILY GREENS PRACTICE STYLES GREENS SHERIFF COURT ACTIONS AND ADOPTION REGULAR UPDATES RULES 2010–2011 PARLIAMENT HOUSE BOOK

A handy and practical aid for those who Within the three updating volumes of have responsibility for drafting family Greens Practice Styles you will find a wide Coverage includes: pleadings in the Scottish Courts, this volume selection of useful styles for your immediate n Fatal Accident and Sudden Deaths brings together a collection of styles for application or adaptation. Inquiry Procedure (Scotland) Rules 1977 litigation in the sheriff court and Court of n Ordinary Cause Rules 1993 Session. Included are styles originally Contents include: n Summary Applications, Statutory published in Greens Litigation Styles and the DIVISION A — Agriculture and Crofting: Applications and Appeals etc Rules 1999 book is further enhanced by valuable new Constitution of Tenancy; Land Court; n Summary Cause Rules 2002 styles, contributed by Alison Stirling, MA Miscellaneous; Arbitration n Small Claims Rules 2002 (Hons) LLB, Advocate. This is the perfect n Sheriff Court Caveat Rules 2006 portable text for all those working in the DIVISION B — Commerce: Banking; Business n Vulnerable Witnesses (Scotland) Act 2004 area of family law, allowing access to the Sale and Purchase; Company Administration; Pts 2 and 3 information you need while on the move or Company Formation; Partnership in court. This edition has been fully updated to DIVISION C — Commercial Conveyancing: include all amendments since the last Contents include: Development; Leases; Purchase and Sale; edition. • Declarators Loan Transactions • Divorce, dissolution of civil partnerships and separation DIVISION D — Employment: Contracts; 2010 • Financial provisions Policies and Procedures; Discipline 978 0 414 01808 2 • Adoption Paperback DIVISION E — Domestic Conveyancing: £47.00 Included is a CD carrying all the styles Disposition; Leases; Missives; Standard produced in the text allowing you to Securities; Miscellaneous New edition to publish Autumn 2011 download and reproduce them in your everyday work. DIVISION F — Executry: Ingathering and 2011 Distribution; Inventory and Confirmation; 978 0 414 01844 0 Letters Investigating Estate; Powers of Paperback 2010 Attorney; Receiving Instructions c.£50.00 978 0 414 01847 1 Paperback DIVISION G — Family Law: Separation £65.00 + £2.60 VAT re CD = £67.60 Agreements

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

DIVISION I — Miscellaneous

DIVISION J — Moveable Property: Hire; Sale; Security

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

DIVISION L — Wills: Additional Clauses; Full Form Wills with General Clauses; Notarial Execution; Simple Form Wills; Variation of Clauses

978 0 414 01039 0 3 Volume Looseleaf and CD-ROM £638.00 + £63.80 VAT = £701.80 Updating releases charged for on publication W_Green_catalogue_2011:Layout 1 09/03/2011 11:28 Page 8

CIVIL PRACTICE 8

MacPHAIL’S SHERIFF COURT PERSONAL BAR PRESCRIPTION PRACTICE SULI AND LIMITATION 3rd Edition John Blackie and Elspeth Reid SULI SULI David Johnston QC General Editor: Sheriff T. Welsh QC Publishing in the highly regarded SULI series, this title is a comprehensive and Prescription and limitation are exceptionally A fully updated version of the definitive authoritative examination of the subject of important in the practice of law, posing statement of the law and practice of personal bar. problems and raising problematic issues and Scotland’s sheriff courts. This new edition questions in virtually every legal area. has been revised by an expert team, all of Personal bar cuts across all civil practice Questions of when rights or obligations are whom are highly experienced sheriffs and areas, yet there is no recent treatment of extinguished by negative prescription, retains the quality and authority expected the subject and it is only briefly discussed in fortified by positive prescription or barred from Macphail. other general works. The authors have used by limitation are frequently difficult, and the careful analysis of the voluminous case-law terms of the Prescription and Limitation Coverage includes: to develop a modern framework for the (Scotland) Act 1973, the statute which n Constitution and jurisdiction doctrine. governs most of these questions, are often n Parties complex and sometimes obscure. The need n The ordinary court and ordinary cause General part includes: therefore for a detailed examination of the n Ordinary causes with special rules n Historical introduction law has been long overdue. n Miscellaneous powers and duties n The elements of personal bar n Enforcement of judgments n Classifying inconsistent conduct Prescription and Limitation is the first book n Fatal accident inquiries n Unfairness in over a century to explore this complex n Adoptions n The scope of personal bar and expansive area of Scots law. Within the n Commercial actions scheme of this consolidating text are the n Summary cause procedure Special part includes: answers to numerous legal questions n Small claims procedure n Property rights affecting such diverse areas as contract, n Defects in formal execution of delict, conveyancing and property law. Contributors to the new edition: documents Throughout the work the author has Sheriff J. M. S. Horsburgh, QC n Succession examined a disparate subject, exploring Sheriff K. A. Ross n Trusts many of the numerous legal measures and Sheriff W. D. Small n Leases procedures on which prescription and Sheriff C. A. L. Scott n The contract of sale limitation impact. Sheriff T. J. Hughes n Unjustified enrichment Sheriff C. N. Stoddart, Phd n Agency Contents: Sheriff A. M. Cubie n Company law n History and justification for prescription Sheriff Principal J. A. Taylor n Insurance n Part I: Negative prescription Sheriff R. H. Dickson n Rights in security and cautionary n Part II: Limitation of actions Sheriff L. D. R. Foulis obligations n Part III: Positive prescription n Bills of exchange and cheques n Part IV: Prescription and limitation Sheriff T. Welsh QC is presently Director of n Procedure n Prescription and Limitation (Scotland) Judicial Studies and also general editor of n Diligence and bankruptcy Act 1973 MacPhail’s Sheriff Court Practice 3rd Edition. n Judicial review n Appendix — Requirements of Writing Table of limitation periods provided in (Scotland) Act 1995 s.1 statutes other than the Prescription and Published under the auspices of the Scottish Limitation (Scotland) Act 1973. Universities Law Institute John Blackie is a Professor of Law at the University of Strathclyde. David Johnston QC is an advocate.

Elspeth Reid is a Senior Lecturer at the 2006 University of Edinburgh. 978 0 414 01609 5 Published under the auspices of the Scottish Hardback Universities Law Institute £275.00 Published under the auspices of the Scottish Universities Law Institute 1999 978 0 414 01315 5 Hardback 2006 £145.00 978 0 414 01464 0 Hardback £162.00 W_Green_catalogue_2011:Layout 1 09/03/2011 11:28 Page 9

CIVIL PRACTICE 9

PRESCRIPTION AND THE SCOTS DIMENSION TO SMALL CLAIMS HANDBOOK LIMITATION OF ACTIONS CROSS-BORDER LITIGATION 2nd Edition 6th Edition Richard Aird and Neil Jameson W. C. H. Ervine GREENS ANNOTATED ACTS D. M. Walker “One is frequently asked by English clients “A ready reference for practitioners to carry or correspondents to recommend a textbook easily with them when involved in small This book provides a full text copy of the which provides an exposition of the Scottish claims.” Prescription and Limitation (Scotland) Act system of litigation. Until publication of the Scottish Law Gazette — of previous edition 1973 with annotations interpreting the law, present book it was not possible to suggest along with a narrative introduction any single book which seemed to meet the Fully revised and updated from the first providing general guidance. Updated to needs of a practitioner from another edition, to take into account the Act of take account of amending legislation, this jurisdiction.” Sederunt (Small Claim Rules) 2002, Small edition includes the changes made by the A. F. Deutsch, Scots Law Times Claims Handbook, 2nd Edition is an Requirements of Writing (Scotland) Act invaluable guide to the small claims 1995, the Protection from Harrassment Act “It is warmly commended to English procedure. 1997 and the Abolition of Feudal Tenure, etc practitioners principally, and then to Scots (Scotland) Act 2000. It offers guidance on practitioners; and to the growing number The small claims procedure was introduced interpretation of all provisions of the of lawyers on both sides of the Border who into the sheriff courts in Scotland in legislation with reference to decided cases. have an interest in jurisdiction and forum November 1988 as a simple, quick, informal selection.” and inexpensive method for settling disputes The rules of prescription and limitation of Elizabeth B. Crawford, Civil Justice Quarterly where the claim is worth up to £750.00. action are highly complicated and directly Although this scheme encourages litigants relevant to contract, delict, property and This original work provides a practical guide to act for themselves, in practice, many do conveyancing, making the Act of great for non-Scottish legal practitioners who may not and legal professionals are frequently practical importance to practitioners. face the question “can there be a Scottish involved. dimension to this problem?” and “if so, can Contents: tactical advantage be taken?” This book This book describes the background of the n The concepts of prescription and demonstrates how cross-border tactics may scheme and comprehensively deals with its limitation be invoked even where there is little or no operation and procedures. All relevant n Positive prescription connection with the Scots jurisdiction. primary and secondary legislation is n Short negative prescription The book offers an authoritative and up-to- included, not only the small claim rules n Long negative prescription date section on choice of jurisdiction. The themselves but also the ordinary and n Prescription of obligations under the powerful Scots interim protective measures summary cause rules which apply to small Consumer Protection Act 1987 (relating to evidence and security) are claims. n Limitation of actions for damages or examined in detail from a UK perspective. solatium Those more familiar with the English system Contents: n Limitation of actions under the of procedure will find dealing with the n Introduction Consumer Protection Act 1987 Scottish system easy to assimilate with the n Definition of a small claim n Supplementary provisions help of flow charts. The timescales of n Jurisdiction n The Limitation (Enemies and War litigation and costs of cross-border n Raising the action Prisoners) Act 1945 insolvency are discussed. n Hearings n Other statutory prescriptions or n Appeals, expenses and miscellaneous limitations for bringing civil actions Contents: matters n Mora n Civil procedure n Small Claims Rules 2002 n Precription and limitation in public law n Arbitration n Sheriff Courts (Scotland) Act 1971 n Prescription and limitation in criminal n Costs n Small Claims (Scotland) Order 1988 law n Timescales n Diligence W. C. H. Ervine was formerly a Senior D. M. Walker is Regius Professor Emeritus of n Corporate and personal insolvency Lecturer in law at the University of Dundee, Law at the University of Glasgow. n Family and child abduction a former member of the Sheriff Court Rules Council and a member of the European Consumer Lawyers’ Group. 2002 1996 978 0 414 01460 2 978 0 414 01130 4 Paperback Hardback 2003 £74.00 £159.00 978 0 414 01206 6 Paperback £63.00 W_Green_catalogue_2011:Layout 1 09/03/2011 11:28 Page 10

CIVIL PRACTICE | COMMERCIAL 10

SUMMARY APPLICATIONS ARBITRATION ARBITRATION (SCOTLAND) AND SUSPENSIONS SULI ACT 2010 GREENS PRACTICE LIBRARY Professor Fraser P. Davidson GREENS ANNOTATED ACTS George Jamieson Professor Fraser P. Davidson, Hew Dundas, David Bartos In the highly regarded SULI series, A definitive, detailed guide to the Arbitration provides a comprehensive procedural aspects of all types of summary account of the modern law of arbitration W. Green has brought together leading application and suspension: common law, and related forms of dispute resolution. It figures from both academia and domestic statutory and “special”. It meets the covers all aspects of the domestic law of and international practice to write this book, demand for a book bringing together arbitration, and thoroughly examines the which features a comprehensive various statutory rules combined with system pertaining to international commentary on the Arbitration (Scotland) thorough guidance on procedure. arbitration when launched and subsequently Act 2010. conducted in Scotland. With over 7000 summary applications This measure effects revolutionary change in annually, summary applications and Throughout the book, Scots law is the Scots law of arbitration, marking its suspensions are important aspects of the considered in the context of international transformation from a system based mainly court practitioner’s work. arbitration in general. It examines the on the obscure and outmoded common law operation of the UNCITRAL Model Law on to a system which is almost entirely Summary Applications and Suspensions also International Commercial Arbitration as statutory. details: adopted in Scotland, with frequent n The impact that the Human Rights Act reference to appropriate authority from The Act is truly radical, reflecting what is 1998 has on this area of the law other jurisdictions. best and boldest in modern arbitration n The statutory applications that exist practice, and transforming Scotland into under UK wide statutes, with a useful Arbitration is the essential reference work perhaps the most user-friendly arbitral outline of procedure in England and on the law of arbitration in Scotland. It will forum in the world. It is expected the Act be of interest not only to practitioners, but Wales provided. The Woolf reforms are will breathe new life into domestic taken account of in full. also to arbitrators charged with conducting arbitration and create significant interest in n All recent legislative changes and areas proceedings in Scotland. Scotland as a forum for international of contention arbitration. n Specialities in procedure for particular Contents: areas of practice are highlighted n What is arbitration? The book should be read by everyone n The model law involved in the law or practice of arbitration Contents: n What matters may be referred to in Scotland, and should also be of interest to n Part 1: Introduction and history of the arbitration? those involved in international arbitration. summary application n Who may refer matters to arbitration? n Part 2: The summary application in n Who can act as an arbiter? Professor Fraser P. Davidson is a Professor of context n The agreement to refer to arbitration Law and Head of School at the University of n Part 3: Specific summary applications — n Arbitration barred by lapse of time Stirling. involving personal liberty; older n Appointing arbiters summary applications; arbitration; n Rights, duties and liabilities of arbiters Hew Dundas is an International Arbitrator modern summary applications n Jurisdiction and Mediator and Past President of the n Part 4: Summary suspension n Multiple parties CiArb (2007). n Part 5: Pleadings and procedure n The conduct of the reference n Part 6: Appeals and reviews n The stated case procedure David Bartos is an Advocate and Arbitrator. n Part 7: Expenses, court fees and legal aid n Private international law aspects of n Part 8: Comparative law: England and arbitration n Parallel arbitration and court Wales 2010 proceedings n Part 9: Styles 978 0 414 01772 6 n The award Paperback n Challenging an award George Jamieson is a Sheriff. £70.00 n Enforcement of awards n Judicial reference 2000 n Statutory regimes 978 0 414 01225 7 Hardback Professor Fraser P. Davidson is a Professor of £250.00 Law and Head of School at the University of Stirling.

Published under the auspices of the Scottish Universities Law Institute

2000 978 0 414 01104 5 Hardback £145.00 W_Green_catalogue_2011:Layout 1 09/03/2011 11:28 Page 11

COMMERCIAL 11 NEW TITLE

PLEADING IN BANKING LAW IN SCOTLAND COMMERCIAL INTERNATIONAL GREENS PRACTICE LIBRARY 4th Edition ARBITRATION: A COMPLETE Nicholas Grier LAWBASICS PRACTITIONER’S GUIDE Nicholas Grier Steven Walker, Iain Clark and James Hope This authoritative book provides an in-depth account of banking law and related Commercial LawBasics, 4th Edition provides procedures. Practical in focus, it sets out students of commercial law and related current procedures relating to banking law, disciplines with a clear and simple The aim of this title is to provide together with up-to-date discussion of major pre-examination guide to the subject. An practitioners with a narrative guide which areas of difficulty in the law relating to essential purchase, this book contains all the mirrors the various procedural stages of an banks and banking services. necessary information required for the arbitration process. development of a basic understanding of Arbitration has seen a massive increase in Contents: the subject of commercial law as it operates interest in Scotland as a result of the n The United Kingdom banking system in Scotland. commencement of the Arbitration (Scotland) n The regulation and supervision of banks Act 2010 in June. This new legislation has in the United Kingdom n Sale and supply of goods made Scotland a far more attractive location n The bank and its customer n Hire of goods to conduct arbitration and is hoped to result n The banker — customer contact n Consumer credit in it becoming a centre for dispute n The responsible bank n Caution and guarantees resolution, attracting international n Types of account n Negotiable instruments arbitration cases as well as domestic n The transfer of money n Insurance disputes. This text is primarily designed to n Transfer of money by negotiable n Agency guide Scottish Arbiters who are conducting instrument n Partnership international cases. n Security for loans and their n Companies documentation n Rights in security This book contains a CD of relevant styles for n The bank’s remedies n Bankruptcy each procedural stage, allowing the user to n Receivership and other remedies n Intellectual Property download these forms and use them in their n The liability of solicitors to banks own daily work. Nicholas Grier is a Senior Lecturer in Law at Nicholas Grier is a Senior Lecturer in Law at Napier University University and Deputy Contents: Napier University University and Deputy Head of the Centre for Law. n Foreword by The Hon Lord Dervaird, Head of the Centre for Law. Professor Iain Murray, QC n Acknowledgements n About the authors 2010 2001 n Preface 978 0 414 01714 6 978 0 414 01309 4 n Contents Paperback Hardback n Table of authorities £12.50 £196.00 n The request n The response n Formation of the Arbitral Tribunal n The procedural hearing n Pleadings stage n Interim relief n Exhibits n Witness statements n Expert reports n The hearing n The award

Steven Walker is an Advocate and Course Director for the LLM in International Arbitration at the University of Edinburgh. Iain was part of the drafting team for the 2010 Act.

Iain Clark is a Solicitor Advocate with Young and Partners LLP and an International Arbitration Practitioner.

James Hope is a Solicitor Advocate in England and Wales and is also Head of Litigation and Arbitration at the Stockholm based company, Vinge.

2011 978 0 414 01840 2 Hardback with CD c.£80.00 W_Green_catalogue_2011:Layout 1 09/03/2011 11:28 Page 12

COMMERCIAL | COMPANY 12 NEW EDITION

COMMERCIAL COMMERCIAL BUSINESS LAW IN SCOTLAND AGREEMENTS IN SCOTLAND: LAW IN SCOTLAND 2nd Edition LAW AND PRACTICE 2nd Edition General Editor: Gillian Black David Cabrelli Professor Fraser P. Davidson and Laura Macgregor Business Law in Scotland is a new academic Commercial Agreements in Scotland: Law title from W. Green, designed to make this and Practice is a thorough yet Commercial Law in Scotland is a clear and area of the law accessible to non-law comprehensible introduction to the topic of up-to-date, user-friendly guide to the students. This book is written by an expert commercial agreements and contracts. This subject of commercial law as it operates in multi-author team, meaning you receive title examines the foundations of Scottish Scotland. This book is intended primarily for great depth of coverage on subject areas commercial agreements and offers practical students on commercial law, mercantile law with confidence the information you are insights into drafting, revisal and or business law courses, and the detailed reading is both valid and reliable. negotiation. nature of the text means that it is also invaluable for postgraduate courses and for Thorough coverage of all the key areas This text is divided into two parts, the first practitioners. Covering the main subject mean you can use this book in the of which looks at the most common clauses areas, Commercial Law in Scotland is a knowledge there are no information ’gaps’; in commercial contracts and the second part concise and practical reference tool for this book contains all information required looks at more specialised clauses. All are students and practitioners alike. to give you a general overview and dealt with in detail with practical tips for the introductory understanding to the area of drafter and advice on possible pitfalls. Contents: business law. n Introduction Includes Valuable Styles CD-ROM n Agency Contents: You will also receive a CD-ROM of the styles n Sale and supply of goods n Introduction to the nature and sources mentioned in the book. At a click of a n Carriage of goods of Scots law button you can have the documents you n Credit n Structure of the Scottish legal system n Business regulation need ready for you on screen. Amend them n Bills of exchange and cheques as appropriate to use in your own work n Rights in security n The law of contract environment. n Insurance n Sale and supply of goods n Bankruptcy n Consumer protection Coverage includes: n Partnership n E-Commerce n An introduction to the anatomy n Resolution of commercial disputes n Employment law of a commercial contract n Agency n Definitions and interpretations clauses Professor Fraser P. Davidson is a Professor of n Delict n Price mechanisms Law and Head of School at the University of n Property n Warranties, indemnities and Stirling. n Intellectual property disclosure letters n Trusts n Exclusion and limitation of liability Laura Macgregor is a Senior Lecturer in n Choice of business medium clauses in practice Commercial Law at the University of n The law of partnership n Boiler plate clauses Edinburgh. n Company law n Remedies n Insurance law n Standard terms and conditions n Insolvency n Negotiable instruments n Shares and acquisition of disposals 2008 n Rights in security n Business acquisition and disposals 978 0 414 01610 1 n Dispute resolution n Distribution, agency and franchise Paperback n Introduction to legal writing and agreements £37.00 n Private equity transactions problem solving n Banking and security transactions Josephine Biscare, Gillian Black, David Cabrelli is a lecturer at the University David Cabrelli, James Chalmers, of Edinburgh and is a solicitor with Stuart Cross, Alan Delaney, W. C. H. Ervine, experience in private practice. Alex Gibb, Greg Gordon, Fiona Grant, Angus McAllister, Catherine Ng, Frankie McCarthy, Andrew Wilson and 2006 Hong-Lin Yu. 978 0 414 01658 3 Hardback and CD-ROM £168.00 + £3.36 VAT = £171.36 2011 9780 414 01827 3 Paperback c.£29.00 W_Green_catalogue_2011:Layout 1 09/03/2011 11:28 Page 13

COMPANY 13

GREENS COMPANY LAW PRIVATE LIMITED BUSINESS LAW BULLETIN 3rd Edition COMPANIES: FORMATION 6 issues a year GREENS CONCISE SCOTS LAW AND MANAGEMENT Editor: David Bennett Nicholas Grier 3rd Edition Gordon H. Brough

“The bulletin provides busy practitioners The 3rd edition takes into account the with a highly readable account of topical extensive changes made by the Companies The 3rd edition of this essential handbook development across a range of subjects Act 2006. provides a practical and straightforward which fall within the increasingly protean guide to the formation and management of term ‘business law’. The publishers and This is an indispensable text for law private limited companies. Expert author editors are to be congratulated on students, covering all the essential areas of Gordon Brough details procedures and producing such a publication tailored to company law in a clear and logical format. forms required to incorporate a company, Scottish readership.” In addition, by highlighting the areas about with a summary of the legal background to Journal of the Law Society which practitioners need to advise clients, these procedures. this title is valuable to legal practitioners Greens Business Law Bulletin brings you the looking for a concise guide. The text contains up-to-date information on most recent information in a concise and all essential legal and commercial user-friendly format. As this is an established text, students and requirements of ongoing management, lecturers have the benefit of complete from commencing business to making The following columns are featured confidence in the quality of the work. changes to company structures. This book regularly: tackles the formation of private limited n Editorial Contents: companies from a uniquely Scottish n Insolvency n Corporate veil perspective and differences between Scots n Taxation n Company incorporation and English law are detailed wherever n Case comments n Securities appropriate. n Capital maintenance Highlights of Business Law Bulletin 2010 n Dividends and accounts As this has become an increasingly regulated included: n Directors’ appointment, dismissal area, this fully revised edition takes into n De facto Directors, Corporate Directors and disqualification account extensive changes in the law since and Lifting the Veil n Directors’ powers, rights, duties, 1997, including the Financial Services and n Share Transfers in Private Companies liabilities and other obligations Markets Act 2000, the new Combined Code n Overseas Companies on the UK n Company secretary and auditor of Practice for Directors, changes made by n EU takes control of VAT Refunds n Minority protection and DTI the Companies Act 1989 and the n CVAs, Unfair Prejudice and the Duties of investigations implementation of the 7th and 8th Administrators n Memorandum and articles of association European Directives. This title also n Meetings and resolutions introduces various changes to the legislative David Bennett is a Partner with Gillespie n Insider dealing code. Macandrew WS Solicitors in Edinburgh. n Takeovers and mergers n Charges and receivership Topics covered include: n Administration and company voluntary n Reasons for Incorporation 0967-2540 arrangements n Commencing Business 2011 Annual Subscription Price: £283.00 n Winding up n Company Meetings n Company Directors and Secretaries Nicholas Grier is a Senior Lecturer in Law at n Shares and Shareholders Napier University University and Head of the n Changes to Company Structures Centre for Law. n Accounts and Auditors

Includes Valuable Styles CD-ROM 2009 This book contains a CD-ROM of the styles 978 0 414 01716 0 mentioned in the book. At a click of a Paperback button you can access templates for several £37.00 standard company documents. These are ready for you to amend on screen to suit your company requirements.

Gordon Brough is a Corporate Lawyer with over 20 years experience and is a Partner in the City Office of Maclay, Murray & Spens, Solicitors.

2005 978 0 414 01598 2 Hardback and CD-ROM £95.00 + £6.65 VAT = £101.65 W_Green_catalogue_2011:Layout 1 09/03/2011 11:28 Page 14

CONSTRUCTION 14

AN INTRODUCTION TO CONSTRUCTION AND CONSTRUCTION LAW CONSTRUCTION LAW IN PROCUREMENT LAW GREENS CONCISE SCOTS LAW SCOTLAND GREENS PRACTICE LIBRARY James P. Connolly GREENS PRACTICE LIBRARY Mark Macaulay and Lynn Ramsey Graham Jackson Construction Law provides readers with an Construction and Procurement Law is an introduction to the main legal issues This new title provides lawyers and authoritative and practical analysis of the concerning the most commonly used non-lawyers with the perfect introduction to law relating to the construction industry in construction contracts in Scotland. construction law in Scotland. Scotland. Construction Law touches upon wide- Written in a highly practical style, the book This book addresses particularly Scottish ranging fields of law, not just the traditional analyses both the structure and content of areas of procurement. It contains expert law of obligations, and is remarkable for the construction law in Scotland. As well as practical guidance on the selection of complexity of legal issues that it generates. providing a general overview of the laws of construction procurement routes and Written in a highly practical style, this book contract and delict, the book offers standard forms as well as reviewing the is the first in modern times to explore the guidance in relation to standard form proposed changes to the public wealth of Scots law that has developed on contracts, as well as covering essential topics procurement rules. key concepts, whilst also having regard to such as dispute resolution and insurance. English texts. Helpful diagramatic guides on procurement The book concludes with a useful glossary, routes are included to help readers find the The book provides a critical analysis of JCT making this the perfect reference manual information they need quickly. Construction 80 and Scottish building contracts, presented for both students and practitioners. and Procurement Law considers current and clause by clause and with detailed reference proposed EU procedures regarding the to case law. It also examines the legislative Contents: award of construction contracts and changes affecting construction contracts n Introduction contracts for the supply of professional under the Housing Grants, Construction and Regeneration Act 1996, and proposals for n Contracts services. Best value regimes of Scotland, n Construction process England and Wales are also examined. reform. n Common Law n Contract for works Contents: Contents: n Statute n The construction framework n What makes building or construction n Standard form contracts n Constructing team relationships contracts distinctive n Insurance n Constructing procurement methods n Context of standard forms of contract n Dispute resolution n Contract strategy and standard form n Particular difficulties n Glossary contracts n Critical analysis of JCT 80 n Public procurement methods n Privity of contract issues Graham Jackson is a Solicitor with Thorntons n Partnering n Delictual liability for defective buildings Law LLP. n The UK public procurement rules n Architects and the professional team n The EC public procurement rules n Recent changes n Appendix 1 — Conventional procurement methods James P. Connolly is a Senior Lecturer at Glasgow Caledonian University. 2010 n Appendix 2 — Procurement method 978 0 414 01791 7 evaluation tables Hardback n Appendix 3 — Categorisation of £60.00 standard 1999 form contracts for constructors 978 0 414 01181 6 n Appendix 4 — Guide to the PFI Paperback procurement rules £49.00 n Appendix 5 — Example PFI risk allocation matrix n Appendix 6 — Public procurement thresholds.

Mark Macaulay is Head of the Construction and Engineering Department of Maclay Murray and Spens Solicitors in Glasgow.

Lynn Ramsey is a Lecturer in Law at the University of Glasgow.

2002 978 0 414 01348 3 Hardback £154.00 W_Green_catalogue_2011:Layout 1 09/03/2011 11:28 Page 15

CONSTRUCTION | CONSUMER | CONTRACT 15

A PRACTICAL GUIDE CONSUMER WOOLMAN ON CONTRACT TO ADJUDICATION IN LAW IN SCOTLAND 4th Edition CONSTRUCTION MATTERS 4th Edition GREENS CONCISE SCOTS LAW Richard N. M. Anderson W. C. H. Ervine Gillian Black

“I thoroughly recommend this work.” Consumer Law in Scotland is the only book Woolman on Contract is well established as Building Engineer — June 2000 to examine consumer law from a Scottish the standard introduction to contract law. perspective. It provides a practical and Fully revised and updated to take account of A Practical Guide to Adjudication in comprehensive guide to the law relating to all legal changes since the last edition, this Construction Matters is a comprehensive consumer protection in Scotland. new fourth edition provides a clear and guide to the procedures on adjudication as readable account of the core principles of introduced by the Housing Grants, Consumer Law in Scotland discusses how contract law. The author analyses and Construction and Regeneration Act 1996. purchasers of goods and services for private explains contract law in Scotland, whilst The relevant statutory provisions are use are protected by means of criminal law, referring to the differences between Scots supported by the Scheme for Construction civil law and self-regulation. Account is and English law of contract where Contract Regulations, which came into taken of the organisations that protect or appropriate. operation on May 1, 1998. assist consumers, the impact of the EC, and the way in which consumers of services n Introduction A Practical Guide to Adjudication in provided by central and local government n Formation of a contract — concluding Construction Matters provides a practical, are protected. Also consumer credit is an agreement step-by-step account of the various explored, as are the ways in which the law n Formation of contract — enforceable adjudication procedures, leading the parties seeks to control rogue traders and the agreements through their rights and duties under the various means by which consumer disputes n Promise ICE and JCT procedures and the statutory can be settled. n Capacity and formalities schemes in England and Wales, and in n Grounds of invalidity Scotland. This work offers authoritative The 4th edition has been thoroughly n Terms of contract guidance as to the actions necessary to refer, revised to take into account the following n Construction of the contract answer or conduct an adjudication. developments: n Statutory control of contract terms Presented in a logical manner, this work is n The new National Consumer Council and n Breach of contract divided into fourt parts covering: its territorial committee to be known as n Title to sue the Scottish Consumer Committee n The requirements of legality n The construction contracts to which the n The implementation of the EU’s Unfair n The extinction of obligations requirements of the Act apply Commercial Practices Directive n The provisions of the adjudication n The changes to Consumer Credit created Gillian Black is a lecturer in Commercial Law procedures and the schemes provided by the Consumer Credit Act 2006 and at the University of Edinburgh. for by statute and regulation the connected lender liability case of n The mechanics of an adjudication Office of Fair Trading v Lloyds TSB Bank n Final determination and enforcement Plc [2007] UKHL 48 2010 978 0 414 01647 7 Richard N. M. Anderson is an Advocate at The new arrangements for dispute Paperback the Scottish bar and a Barrister in England. resolution created by the Consumers, Estate £33.00 He specialises in construction law and is an Agents and Redress Act 2007 as well as the accredited adjudicator. changes to small claim procedure.

Contents: 2000 n Services 978 0 414 01301 8 n Product safety Paperback n Acquiring the goods £142.00 n Advertising and marketing n The European dimension n Background and institutions of consumer protection n The public sector n Buying on credit n Unfair contract terms n Control of trading practices n Consumer redress and enforcement

W. C. H. Ervine was formerly a Senior Lecturer in Law at the University of Dundee, a former member of the Sheriff Court Rules Council and a member of the European Consumer Lawyers’ Group.

2008 978 0 414 01700 9 Paperback £33.00 W_Green_catalogue_2011:Layout 1 09/03/2011 11:28 Page 16

CONTRACT 16

CONTRACT CONTRACT: THE LAW OF CONTRACT 3rd Edition CASES AND MATERIALS IN SCOTLAND LAWBASICS 2nd Edition 3rd Edition Alex Gibb John A. K. Huntley SULI Professor William W. McBryde

Contract LawBasics, 3rd Edition provides the This second edition not only fully updates perfect study and revision guide for students the original work but has been expanded to “The publication of this book is a significant preparing for examination in both the include important developments in the fields achievement. One is aware of the wealth of specialism that is contract law, and all those of electronic communications, remedies, academic and practical experience which has courses for which there exists an element of damages and good faith. been put into the book. It is also clear that contract law. no stone has been left unturned. Its status as Contract: Cases and Materials encompasses the classic text on Scots contract law is This guide provides clear and concise analysis a diverse and informative collection of assured, and it is undoubtedly the essential of the subject and contains all the necessary extracts from the leading cases, statutes, purchase for practitioners working in this information required for the development subordinate legislation and commentaries. area.” of a basic understanding of the subject as Material is arranged systematically in Laura Macgregor, JLSS—of the 2nd edition. pertaining to Scotland. sections, with key points analysed and discussed by the authors. The most comprehensive and authoritative Contents: book on the Scots law of contract has been n Formation of a contract Coverage includes: thoroughly updated to take into account all n Promises, writing and personal bar Part 1: Introductions developments since 2001. The author has n Validity of contracts n Chapter I: General principles also taken the opportunity to revisit earlier n The effect of error on contracts n Chapter II: European contract law material to ensure that the book is as n Misrepresentation succinct and accessible as possible. The text n Illegal agreements Part 2: Contract Formation combines clear principles with practical n Exclusion clauses in contracts n Chapter III: Agreement as the basis of guidance on how to draft clauses and is an n Interpretation, title to sue and contractual obligations indispensable reference tool for solicitors assignation n Chapter IV: Protracted negotiations and academics alike. n Remedies for breach of contract n Chapter V: The need for communication n Termination of contract Contents include: n Sample examination questions and Part 3: Validity n Promises answers n Chapter VI: The exertion of pressure or n Capacity influence n Delivery of Deeds Alex Gibb is a Lecturer at Aberdeen College. n Chapter VII: Misunderstandings n Formation n Chapter VIII: Illegality n Offer and acceptance n Incorporation of terms 2009 Part 4: The substance of the contract n Construction 978 0 414 01762 7 n Chapter IX: The terms of a contract n Implied terms £12.50 n Chapter X: Importation of express, n Jus Quaesitum tertio written, standard terms of contract n Joint and several liability n Chapter XI: Exclusion and similar clauses n Assignation n Invalidities Part 5: Performance and its consequences n Fraud n Chapter XII: The termination of n Error contractual obligations n Facility and circumvention and undue n Chapter XIII: Remedies for breach of influence contract n Extortion, lesion and good faith n Unfair terms John A. K. Huntley is a Professor of Law at n Public policy Glasgow Caledonian University. n Breach n Frustration John Blackie is a Professor of Law at the n Damages University of Strathclyde. n Specific implement and interdict n Payment Craig Cathcart is a Senior Lecturer in Law at n Variation and extinction Glasgow Caledonian University. n Death and insolvency n Jurisdiction and conflict of laws

2003 Professor William W. McBryde was formely a 978 0 414 01281 3 Professor of Commercial Law at the Paperback University of Edinburgh. £48.00

Published under the auspices of the Scottish Universities Law Institute

2007 978 0 414 01606 4 Hardback £198.00 W_Green_catalogue_2011:Layout 1 09/03/2011 11:28 Page 17

CONVEYANCING AND PROPERTY 17 NEW EDITION

COMMERCIAL LEASES IN CONVEYANCING CORPOREAL MOVEABLES SCOTLAND: A 4th Edition IN SCOTS LAW PRACTITIONER’S GUIDE Professor George L. Gretton and 2nd Edition Kenneth S. Gerber Professor Kenneth G. C. Reid SULI D. L. Carey Miller with David Irvine

This new title deals with all the main aspects “No solicitor’s firm should be without at least of Scottish commercial lease law and one copy of this book. It is to be much “To an absorbing subject Dr Carey Miller has importantly will include a comparison with recommended”. brought great learning lightly worn.” English lease law on a topic by topic basis. Robert Rennie (of the previous edition) Norman Palmer, Scottish Law Gazette Aimed at Scottish solicitors, surveyors and (of the previous edition) property managers. This new edition of Gretton and Reid’s Conveyancing has been fully updated and Fully revised and updated, this is the Includes Valuable Styles CD-ROM revised to take account of the many changes definitive book on corporeal moveables in CD containing draft styles in law and practice since the last edition in Scots law. David Carey Miller looks at the 2004. subject in its modern context covering the Contents: principles of the law of property on 1. Leases and Licences Produced with the realities of practice in acquisition, protection, security and 2. Common Law, Implied Terms, and mind, this well-established guide to the law reservations of title. Statutory Provisions is at once detailed and extensive in its 3. Missives of Lease, back letters and material while remaining thoroughly Contents: schedules of condition accessible. n Nature and scope of rights in moveables 4. Stamp Duty Land Tax and VAT n Occupation 5. Premises, rights and reservations in Contents: n Accession single and multi-occupancy leases n Missives: Contract, breach, content n Specification 6. Use clause and keep-open clause n Examination of title n Acquisition of fruits 7. Rent and other sums payable by tenants n Matrimonial homes and homes in n Prescription 8. Rent Review co-ownership n Derivative acquisition at common law 9. Insurance and reinstatement of insured n Dispositions n Derivative acquisition under the Sale of damage n Descriptions Goods Act 1979 10. Repairs n Real burdens and servitudes n Protection of right of ownership 11. Dilapidations during and at termination n Execution of deeds n Security of lease n Property registers n Reservation of title 12. Assignation, sub-letting and other n Judicial rectification of documents dealings in tenant’s interest n Mortgages D. L. Carey Miller is a Professor of Scots Law 13. Alterations and Tenant’s Works n Heritable securities at the University of Aberdeen. 14. Irritancy (forfeiture) and irritancy n Assignations protection agreements n Feudal conveyancing 15. Other termination of leases n Searches, reports and letters of Published under the auspices of the Scottish 16. Tacit relocation obligation Universities Law Institute 17. Guarantees n Deeds of uninfeft parties 18. Rent Deposits n Trusts and executries 19. Extensions and variation of leases n Destinations 2005 20. Enforcement n Partnership and companies 978 0 414 01400 8 21. Service Charges in Multi-occupancy Hardback Leases Professor George L. Gretton is Lord £145.00 22. Short Form Missive of Lease President Reid Professor of Law at the 23. Green Leases University of Edinburgh

Kenneth S. Gerber is a partner in Professor Kenneth G. C. Reid, is a Professor Commercial Real Estate with Anderson of Scots Law at the University of Edinburgh Strathern Solicitors.

2011 2009 978 0 414 01761 0 978 0 414 01728 3 Hardback Hardback c.£81.00 £81.00 + £1.62 VAT = £82.62 W_Green_catalogue_2011:Layout 1 09/03/2011 11:28 Page 18

CONVEYANCING AND PROPERTY 18

GREENS PROPERTY HALLIDAY’S LAND TENURE IN SCOTLAND LAW BULLETIN CONVEYANCING LAW AND GREENS PRACTICE LIBRARY 6 issues a year PRACTICE IN SCOTLAND Professor Robert Rennie Editors: George B. Clark 2nd Edition and Linda H. Urquhart SULI Editor: Iain J. S. Talman This book not only considers the recent reforms in land tenure but sets out in detail “A practitioner can skim through the the new system of land tenure in Scotland as it has been since November 2004. The bulletin fairly rapidly and pick out all the Halliday’s Conveyancing volumes have long release of this title coincided with the points which interest him or her. If there is a been established as the authority on this implementation date and was the first in problem with elucidation, the editors will important subject. The original four volumes depth and authoritative exploration of land approach a suitable person for a were published separately. Iain Talman has tenure in Scotland. It is an essential purchase contribution which will deal with it in a now integrated all matters, updating all for anyone who wishes to approach the new concise and practical manner. legislative change and virtually every area of regime with the confidence of a considered legal powers and capacity. This edition expert opinion within easy access. Greens Property Law Bulletin fills an covers a greater number of subjects, in important gap in the market and the editors particular European economic interest Contents: are to be congratulated. Any solicitor groupings. engaged in property law should not be n Historical introduction n Abolition of the feudal structure without this publication.” Contents: n Feudal burdens and rights of Journal of the Law Society Volume I: re-allotment n Documents of debt n Abolition of feu duty Recent coverage includes: n Various forms of renting n Compensation n Rectification of deeds n Creating security over corporeal n Personal real burdens preserved n Can servitudes be granted in favour moveable property n Feudal real burdens preserved as of tenants under long leases? n Changes in company law personal burdens A conversation n Consultancy agreements n Real burdens after abolition constitution n What does the new Arbitration Act n Duty of care letters and content mean for us? n Changes in taxation n Community burdens n Advice on HMO legislation n Changes in law relating to pension n Conservation burdens n Compulsory purchase, planning and schemes n Personal real burdens material considerations n Contracts of employment (share schemes) n Third party rights n Supersession clauses — A reminder n Agreements for the sale and acquisition n Pre-emptions, redemptions and of businesses reversions in other forms of tenure Also included is a Cases in Brief column in n Distribution, sole purchase and n Servitudes every issue and a bi-annual English Property franchising agreements n Tenemental properties Law Update. n Intellectual property licences n Land use n Expanded material on trusts (including n Human rights styles) 0967-2516 n Expanded commentary on larger range Professor Robert Rennie is a Partner with 2011 Annual Subscription Price: £256.00 of common clauses (e.g. interest and Harper MacLeod in Glasgow and the indemnity clauses) Professor of Conveyancing at the University of Glasgow. Volume II: n Creation of feu rights and all sale transactions involving heritable property n Registration of title and recording of 2004 deeds 978 0 414 01548 7 n Leases (agricultural, residential, Hardback commercial and industrial) £145.00 n Creation, assignation and discharge of standard securities and floating charges n Specimen styles

Iain J. S. Talman is a Partner with Biggart Baillie.

Published under the auspices of the Scottish Universities Law Institute

1997 978 0 414 01257 8 Hardback 2 Volumes £275.00

1996 978 0 414 01085 7 Volume 1 £145.00

1997 978 0 414 01086 4 Volume 2 £145.00 W_Green_catalogue_2011:Layout 1 09/03/2011 11:28 Page 19

CONVEYANCING AND PROPERTY 19

LAND TENURE AND PROPERTY THE PROMISED LAND: TENEMENTS LEGISLATION LAWBASICS PROPERTY LAW REFORM 3rd Edition David Brand General Editor: GREENS ESSENTIAL LEGISLATION Professor Robert Rennie Professor Robert Rennie This new title is a welcome addition to the LawBasics series and makes an ideal revision “For Scottish Solicitors engaged in the “Robert Rennie should be congratulated by and study guide for students. practice of property law and conveyancing the profession for writing so clearly on such the world changed at the stroke of midnight a comprehensive subject.” Property LawBasics provides a clear and on Martinmas (28th Nov) 2004.” Journal of the Law Society of Scotland — on concise analysis of property law and contains Taken from the foreword previous edition all the necessary information required for a basic understanding of this legal area. Now that time has passed since the most Now in its third edition, Land Tenure and dramatic property law changes in decades, Tenements Legislation has become a widely Essential coverage is provided on: those in practice and academia have had an used, essential text for all those involved in n The key principles opportunity to analyse the effects of the property law in Scotland. n Key cases major legislative changes. n Important Statutes In the four years since the previous edition Professor Robert Rennie has brought there has been a raft of new case law and Contents: together a team of the most highly also time for expert author Professor Robert General Concepts respected experts on property and Rennie to consider the legislation in action conveyancing law in Scotland for this new and make qualified annotations. Moveable Property: book which individually studies the key Corporeal Moveable Property aspects of the changes The wealth of knowledge held by Professor Incorporeal Moveable Property Rights in Security over Moveable Property Rennie helps to lead the practitioner Contents: through this shifting area of the law and n Interest to Enforce Real Burdens provides them with considered guidance Landownership: Historical background n Real Burdens and Personal Bar and a superior understanding of land tenure n New Enforcers for Old Burdens: Section and tenements legislation. Registration Prescription 52 and 53 Revisited n Servitudes: The New Scottish Regime The land tenure and tenements legislation Extent of landownership Restrictions on landownership n Access Rights has been completely groundbreaking and it n The Tenements (Scotland) Act 2004 is essential that professionals who work in n The Lands Tribunal: the New Jurisdiction this area have a full understanding of it. Leases Securities over Heritable Property n Land Registration Reform A Typical Conveyancing Transaction n Automated Registration of Title to Land This is the perfect text for legal practitioners (“ARTL”) and all others working with property law in n Calibrating Commitment: Financial Scotland, not only as a detailed explanation David Brand was formerly a Senior Lecturer and Director of Studies of the Diploma in Provisions on Termination of Intimate of exactly where the law is at the moment, Relationships but also where future changes may occur. Legal Practice at the University of Dundee Professor Robert Rennie is a Partner with Contents: Harper MacLeod in Glasgow and the n Abolition of Feudal Tenure etc. 2009 Professor of Conveyancing at the University (Scotland) Act 2000 978 0 414 01764 1 of Glasgow. n Leasehold Casualties (Scotland) Act 2001 Paperback n Title Conditions (Scotland) Act 2003 £12.50 n Tenements (Scotland) Act 2004 2008 Robert Rennie is a partner at Harper 978 0 414 01698 9 MacLeod in Glasgow and the Professor of Hardback Conveyancing at the University of Glasgow. £155.00

2009 978 0 414 01787 0 Paperback £59.00 W_Green_catalogue_2011:Layout 1 09/03/2011 11:28 Page 20

CONVEYANCING AND PROPERTY 20

RENNIE’S OPINIONS ON SCOTTISH CONVEYANCING CONVEYANCING IN THE PROFESSIONAL NEGLIGENCE LEGISLATION ELECTRONIC AGE IN CONVEYANCING REGULAR UPDATES Professor Robert Rennie & GREENS PRACTICE LIBRARY Professor Robert Rennie Professor Stewart Brymer Professor Robert Rennie

Scottish Conveyancing Legislation is a Electronic technology has transformed This new book assists lawyers to negotiate comprehensive looseleaf bringing together conveyancing in Scotland, and never more the potential pitfalls that could lead to all statutes and statutory instruments which so than with the introduction of automated professional negligence claims against them. deal with or impinge upon Scottish registration of title to land (“ARTL”). conveyancing practice. It is updated as The work contains Memorials and Opinions legislation and statutory instruments come In response to the important developments in the style of the renowned Halliday's into force. in this area Robert Rennie and Stewart Conveyancing Opinions and is an ideal Brymer have written Conveyancing in the companion to that work. Fully annotated, it takes into account the Electronic Age, which outlines the changes, significant changes in the law relating to explains how they will impact and guides Rennie’s Opinions on Professional conveyancing in recent years, including the solicitors through the new systems and Negligence in Conveyancing can be used for Abolition of Feudal Tenure etc. (Scotland) legislation. risk management purposes. Act 2000, Leasehold Casualties (Scotland) Act 2001, Mortgage Rights (Scotland) Act 2001, The text covers the law relating to the Conveyancers Methodology: Land Reform (Scotland) Act 2003, Title execution of both physical and electronic n Identify causes Conditions (Scotland) Act 2003, Housing deeds as now governed by the amended n Analyse risks (Scotland) Act 2006 and the relevant legislation: n Provide solutions provisions of the Bankruptcy and Diligence n Implement preventative measures etc. (Scotland) Act 2007. n Land Registration (Scotland) Act 1979 n Avoid embarrassing and costly claims n Requirements of Writing (Scotland) Act and complaints The title also includes the Land Registration 1995 (Scotland) Act 1979 which is of particular n Electronic Communications Act 2000 s.8 Litigators Methodology: interest to practitioners in areas which are n ARTL (Electronic Communications) Order n Identify causes about to become operational for land 2006 n Analyse opportunities/risks — quickly registration purposes. n Land Registration (Scotland) Rules 2006 n Provide persuasive argument r.10 Recent additions include: n Keeper’s Directions Nos 1 and 2 Mediators Methodology: n Full statutory updates n Consistency n The Title Conditions (Scotland) Act 2003 Contents: n Guidance (Development Management Scheme) n Execution of Deeds Order 2009 n Personal Bar Contents: n Updated annotations to the Title n The Status of Faxes and E-mails n Bankruptcy and liquidation Conditions (Scotland) Act 2003 n The ARTL Project n Conflict of interest n Updated annotations to the Land n ARTL — The Fundamental Legal Issues n Contracts for the sale of heritable Reform (Scotland) Act 2003 n The Statutory Framework property — marketable title — parties’ n Digital Signatures and Mandates obligations Contents: n Changes to Conveyancing Practice n Description of subjects n Division A: Conveyancing Statutes n The Future n Execution of deeds n Division B: Conveyancing Statutory n Heritable securities Instruments Professor Robert Rennie is a partner at n Leases n Division C: Registration Statutes Harper Macleod and a Professor of n Letters of obligation n Division D: Registration Statutory Conveyancing at the University of Glasgow. n Minerals Instruments n Partnerships Professor Stewart Brymer practises on his n Pre-emption and redemption clauses Professor Robert Rennie is a Partner with own account as Stewart Brymer WS and is n Real burdens and conditions Harper MacLeod in Glasgow and a Professor an Honorary Professor in Law at the n Servitudes of Conveyancing at the University of University of Dundee. n Succession — destinations and wills Glasgow. n Surveys and finance 2008 Professor Robert Rennie is a Partner with 978 0 414 01264 6 978 0 414 01721 4 Harper MacLeod in Glasgow and a Professor 1 Volume Looseleaf Hardback of Conveyancing at the University of £597.00 £97.00 + £1.94 VAT = £98.94 Glasgow. Updating releases charged for on publication

2004 978 0 414 01545 6 Hardback £182.00 W_Green_catalogue_2011:Layout 1 09/03/2011 11:28 Page 21

CONVEYANCING AND PROPERTY 21 NEW EDITION

SCOTTISH LAND LAW THE ENFORCEMENT OF SCOTTISH 3rd Edition HERITABLE SECURITIES SURVEYOR’S FACTBOOK SULI Mark Higgins Regular Updates William M. Gordon Executive Editor: Edith Bowman and Scott Wortley When Mark Higgins was working on a new edition of his popular title Scottish Greens Scottish Surveyor’s Factbook fills a The third edition of Scottish Land Law is a Repossessions, he realised there had been gap that exists in materials currently thoroughly updated and comprehensive such substantial development in this area of available to the Scottish property profession. account of Scots Law relating to rights in the law, particularly as the law now treats The publication comes as a package and over land. Now published in two commercial and residential cases differently, comprising an easy to use looseleaf manual, volumes, this title has quickly established its that it was necessary to extensively expand accompanied by a CD-ROM version, giving status as the definitive work on Land Law, upon and develop the original content. The quick and easy access to authoritative, which no legal practice can afford to be result is this new text; The Enforcement of practical information on every major area of without. Heritable Securities. surveying in Scotland.

Volume 1: The newly passed Home Owner and Debtor Written by an expert team of contributors, Part I — Introduction Protection (Scotland) Act 2010 will radically this is the definitive guide for Scottish n Heritable and Immoveable Property alter the law relating to property property professionals. A panel of experts n Abolition of Feudal Tenure repossessions in Scotland, just as the has advised on the development of the Part II — Land and Rights Associated with Mortgage Rights (Scotland) Act 2001 did Factbook, including Eileen Masterman, Land previously. former Director of the RICS in Scotland; Tim n Land and Boundaries Bunker, past Chairman of the ISVA in n Fixtures and other Accessions The Enforcement of Heritable Securities Scotland and Bruce Fairburn, Chairman of n Horizontal Subdivision of Land, Minerals analyses the application of the Mortgage the ASI in Scotland. and Support Rights (Scotland) Act 2001 in practice and n Water and Water Rights considers in detail the various cases that Updated regularly to incorporate the latest n Separate Tenements have been decided since the act came into changes in legislation and practice, the n Fishings force. This analysis sheds light on where the Scottish Surveyor’s Factbook is the ideal n Rights to Game — Wildlife Conservation law is now and how it has developed since source of reference and guidance. Part III — Rights over Land 2001. n Capacity to Hold and Deal with Land Contents: n Constitution of Rights over Land With the number of repossession cases n Building surveying n Ownership steadily rising, this book will be an essential n Planning and development n Possession purchase for all solicitors and related n Valuation n Co-ownership, Common Interest and the professionals who are advising home owners n Rating and council tax Law of the Tenement and lenders. n Landlord and tenant n Trusts n Dilapidations n Liferents Mark Higgins is a Partner with Irwin n Estate agency n Leases Mitchell. n Professional practice Volume 2: n Tax and accounting Part IV — Restrictions on the Use of Land n Property management n Security Rights 2010 n Insurance n Title Conditions and other Burdens 978 0 414 01781 8 n Quantity surveying n Servitudes and Public Rights of Way Hardback n Facts and figures n Variation and Discharge of Land £75.00 Obligations Edith Bowman FRICS, FHEA was formerly a n Nuisance and other Delicts Lecturer in Law and Estate Management at Part V — Social Control of Land Use the School of the Built Environment, Heriot- n Social Control of Land Use Watt University, Edinburgh. n Public Rights n Compulsory Acquisition 978 0 414 01312 4 William Gordon is former Professor of Civil 1 Volume Looseleaf and CD-ROM: Law at the University of Glasgow. £300.00 + £30.00 VAT = £330.00 Scott Wortley is a lecturer at the University Updating releases charged for on of Edinburgh. publication

Published under the auspices of the Scottish Universities Law Institute

2009 978 0 414 01554 8 Volume 1 £165.00

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

2 Volume set £275.00 W_Green_catalogue_2011:Layout 1 09/03/2011 11:28 Page 22

CONVEYANCING AND PROPERTY | CRIMINAL 22

SERVITUDES UNREPORTED CASEBOOK ON SULI PROPERTY CASES SCOTTISH CRIMINAL LAW Sheriff Douglas J. Cusine GREENS PRACTICE LIBRARY 4th Edition and Professor Roderick Paisley Professor Roderick Paisley and Professor Christopher H. W. Gane, Sheriff Douglas J. Cusine Sheriff C. N. Stoddart and James Chalmers “... an altogether outstanding treatment of the law of servitudes and rights of way … Unreported Property Cases is a no stone is left unturned.” comprehensive, practical collection of This is an essential book for the busy Journal of the Law Society of Scotland unreported property cases from sheriff criminal lawyer and for students of criminal courts around Scotland. These are law. Concise, practical appreciation of how This important text, in the finest tradition of accompanied by authoritative commentary the law works is combined with analysis of the SULI series, has rapidly become the and suggested styles to help practitioners the reasoning behind decisions. Casebook standard work on the subject of servitudes. overcome problems that are highlighted in on Scottish Criminal Law brings together all Divided into three sections, Part I covers the cases. the important cases in one volume. servitudes, whilst Part II covers public rights of way and Part III covers other rights. Every case is cross-referenced to other Contents: reported cases and leading textbooks, Part I: General principles of criminal Contents: providing a ready reference tool and saving responsibility Part I: Servitudes valuable research time by guiding you from n General characteristics and sources of n Essentials of servitude rights problem to solution quickly and efficiently. Scottish criminal law n Types of servitude n Actus reus and Mens Rea n Capacity and title to deal with servitudes Contents: n Strict liability, vicarious liability and n Structure of deeds of servitudes n Agricultural leases corporate liability n Deeds of servitude n Boundaries n Causation n Implication from provisions of a deed n Boundary structures n Art and part n Creation of positive servitudes by grant or n Encroachment n Inchoate offences reservation implied from circumstances n Burial grounds, death and graves n Defences n Implied grant: negative servitudes n Common interest n Constitution of servitudes by prescription n Leases Part II: Offences against the person n Less frequently encountered methods of n Leasehold rights n Non-fatal offences against the person constitution n Missives n Sexual offences n Rights and obligations implied by law in n Moveable property n Homicide and related matters relation to servitudes n Public sector housing n Servitude conditions: theoretical basics n Real conditions Part III: Offences against property interests n Servitude conditions: rules of n Servitudes n Theft, embezzlement and related constitution n Standard securities offences n Construction of servitude rights n Statutory rights n Robbery and extortion n Extinction of servitudes n Trusts and executors n Fraud, forgery and uttering n Reset Part II: Rights of Way Roderick Paisley is Professor of Commercial n Damaging and destroying property n Basis of public rights of way and Property Law at the University of Aberdeen. comparison with other rights Part IV: Offences against public interests n Constitution by prescription: the criteria Sheriff Douglas J. Cusine is a Sheriff at n Offences against public order and n Obstructions and interruption Aberdeen. decency n Remedies n Offences against the course of justice n Extinction of public rights of way n Offences against the state 2000 Part III: Other Rights 978 0 414 01338 4 Professor Christopher H. W. Gane is n Rights akin to other rights of way Hardback Professor of Scots Law at the University of n Statutory rights £168.00 Aberdeen. n Thorough appendices include: statutory provisions, deeds C. N. Stoddart was formerly a Sheriff at Edinburgh. Sheriff Douglas J. Cusine is a Sheriff at Aberdeen. James Chalmers is a Senior Lecturer and Director of Postgraduates Studies for the Roderick Paisley is Professor of Commercial School of Law at the University of Property Law at the University of Aberdeen. Edinburgh.

Published under the auspices of the Scottish 2009 Universities Law Institute 978 0 414 01693 4 Paperback £42.00 1998 978 0 414 01088 8 Hardback £145.00 W_Green_catalogue_2011:Layout 1 09/03/2011 11:28 Page 23

CRIMINAL 23 NEW TITLE

CONFISCATION AND CIVIL CORPORATE MANSLAUGHTER CRIMINAL LAW RECOVERY — A GUIDE TO AND CORPORATE HOMICIDE 4th Edition THE PROCEEDS OF CRIME ACT 2007 GREENS CONCISE SCOTS LAW ACT 2002 GREENS ANNOTATED ACTS Timothy H. Jones and Heather-Mairi R. Carmichael Peter Gray QC and Rona Jamieson Michael G. A. Christie

This is the first dedicated Scottish book to An annotated copy of the Corporate The best selling textbook on Scots criminal deal with the confiscation and civil recovery Manslaughter and Corporate Homicide Act, law has now been fully revised and offers regimes under the Proceeds of Crime Act the authors have prepared this guide to up-to-date coverage of the criminal law of 2002. The book explains the provisions of explain the provisions of the Act in detail Scotland in a compact and accessible form the 2002 Act and provides comprehensive and contextually place them by providing making it ideal for students attending analysis of the relevant court procedures explanatory background information. criminal law classes at Scottish universities pertaining to confiscation, civil recovery and and colleges. Criminal Law 4th Edition will cash forfeiture. As this Act creates a new offence of also be of great interest to those familiar Corporate Homicide in Scotland this will be with Scots criminal law, who wish a concise Confiscation and Civil Recovery is an an indispensible resource for those modern reader on the subject. essential reference guide for solicitors and practising in this area. advocates, as well as accountancy/insolvency Contents: practitioners involved either as Peter Gray QC is an Advocate. n Nature and sources of Scots criminal law administrators or trustees for civil recovery, n Actus reus and mens rea or as forensic accountant expert witnesses in Rona Jamieson is a Partner with Paull & n Voluntary acts and automatism “proceeds of crime” cases. Williamson. n Causation n Attempt Contents: n Complicity and conspiracy Part 1 — General 2008 n Defences n History and context 978 0 414 01696 5 n Crimes against the person n Investigatory powers Paperback n Crimes of dishonesty £56.00 n Crimes against property Part 2 — Criminal confiscation orders n Crimes against public order and morality n Confiscation orders n Statutory offences n Interim and protective measures n Making the confiscation order Timothy H. Jones is a Professor of Law at the n Appeals and further applications University of Swansea. n Satisfaction and enforcement of the order Michael G. A. Christie was formerly a Lecturer in Law at the University of Part 3 — Civil Recovery and Forfeiture of Aberdeen. Cash n Recovery Orders n Interim and protective measures 2008 n Special situations 978 0 414 01683 5 n Forfeiture of Cash Paperback £36.00 Heather-Mairi R. Carmichael is an Advocate.

2011 978 0 414 01737 5 Hardback c.£95.00 W_Green_catalogue_2011:Layout 1 09/03/2011 11:28 Page 24

CRIMINAL 24

CRIMINAL THE CRIMINAL LAW OF Sir Gerald H. Gordon is a QC. 4th Edition SCOTLAND AND SUPPLEMENT Michael G. A. Christie was formerly a LAWBASICS 3rd Edition Lecturer in Law at the University of SULI Clare Connelly Aberdeen. Sir Gerald H. Gordon QC Editor: Michael G. A. Christie James Chalmers is a Senior Lecturer and Criminal LawBasics, 4th Edition provides Director of Postgraduates Studies for the students with an easy to use study and School of Law at the University of revision guide which covers the most This extensive work is now published in two Edinburgh. important elements of criminal law. With volumes. Drawing together the relevant LawBasics, there is no longer the need to statutes and case law materials, The Criminal Fiona Leverick is a Senior Lecturer in Law at rely on a combination of scribbles and Law of Scotland is long established as the the University of Glasgow. photocopies to make sense of the course leading reference work. work. Volume I: General Theory Published under the auspices of the Scottish This text gives a concise statement of the n The concept of responsbility Universities Law Institute common law aspects of the criminal law of n The criminal act Scotland, and covers all the essential areas n The problem of causation 2000 978 0 414 01654 5 for a basic understanding of substantive n Art and part Volume 1 and Supplement 1 £145.00 criminal law. It also includes changes in the n Inchoate crimes requirements of the defences of diminished n The criminal mind 2001 978 0 414 01655 2 responsibility and provocation. n Mens rea in statutory offences Volume 2 and Supplement 1 £145.00 n Error 2005 978 0 414 01574 6 Criminal LawBasics is presented in a clear, n Insanity Supplement 1 £68.00 concise and approachable format and will n Diminished reponsibility be a helpful learning aid for all law n Intoxication Volume 1, 2 and Supplement 1 students. n Necessity, coercion and superior orders 978 0 414 01572 2 £275.00

Contents: Volume II: Specific Crimes 2010 n Introduction n Offences to damage to property The New Law of Sexual Offences in n Criminal responsiblity n Non-sexual offences against the person Scotland—Supplement 1 to Volume 2 n Crimes against the person n Injury to animals 9780 414 04127 1 £55.00 n Crimes of dishonesty and against n Sexual offences property n Offences against the state n Crimes relating to public order n Offences against public order and welfare n Defences n Offences against the course of justice n Offences of dishonesty Clare Connelly is a Senior Lecturer in Law at the University of Glasgow. 1ST SUPPLEMENT This supplement updates Volumes I and II of Gordon’s Criminal Law by Michael Christie. It 2010 includes comments on numerous recent 978 0 414 01828 0 developments in cases and legislation, Paperback including the following statutes: £12.50 n Criminal Justice (Scotland) Act 2003 n 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 Scotland This supplement, by James Chalmers and Fiona Leverick, updates Volume 2 of Gordon’s Criminal Law by Michael Christie. The Sexual Offences (Scotland) Act 2009 has created a statutory framework for sexual offences in Scots law.

Pending publication of the 4th edition of Gordon’s Criminal Law, this supplementary publication will provide up to date coverage of this increasingly important practice area. W_Green_catalogue_2011:Layout 1 09/03/2011 11:28 Page 25

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CRIMINAL PROCEDURE GREENS INCHOATE CRIMES (SCOTLAND) ACT 1995 CRIMINAL LAW BULLETIN GREENS PRACTICE LIBRARY 10th Edition 6 issues a year Dr Sarah Christie GREENS ANNOTATED ACTS Editor: Dr Alastair N. Brown Robert S. Shiels, Iain Bradley, Peter W. Ferguson QC and There is no other book from a Scottish Dr Alastair N. Brown Greens Criminal Law Bulletin keeps you up perspective devoted to all three inchoate to date with what’s happening in the crimes. This title provides a full copy of the Act with criminal courts. Topical issues across the field authoritative section-by-section commentary. of substantive law and procedure are Inchoate crimes — attempts, incitement and The reform of summary justice has resulted highlighted. The following columns are conspiracy — are a complex area of law, in widespread legislative change, making regularly featured: comment, sentencing affected by both common law doctrine and this new edition an essential purchase for all cases, misuse of drugs, current awareness statutory regimes. The first Scottish book criminal practitioners. Important recent and case notes. dedicated to the subject, Inchoate Crimes developments include: provides much needed guidance on the Coverage in 2010 included: subject. The author draws on developed Criminal Procedure (Scotland) Act 1995 n Comment doctrines in other relevant jurisdictions to amended by: − Mere presence suggest alternative approaches for Scots law. n Criminal Justice and Licensing (Scotland) − New guidelines for sentencing in cases This title also combines substantive material Act 2010 involving child pornography with discussion on the nature and n Criminal Procedure (Legal Assistance, − Bribery justification for the punishment of such Detention and Appeals) (Scotland) Act crimes. Inchoate Crimes assists criminal 2010 n Misuse of Drugs lawyers in everyday practice by explaining n Sexual Offences (Scotland) Act 2009 − Intentionally harsh consequences the current state of Scots law surrounding − The so-called defence of entrapment inchoate crimes and suggesting alternative Criminal Procedure Rules 1996 amended by: − Mens rea in section 4(3)(b) approaches where Scottish authority is n Act of Adjournal (Criminal Procedure deficient or entirely absent. Rules Amendment No. 4) (Miscellaneous) n Sentencing Cases 2010 − Theft art and part Contents: n Act of Adjournal (Criminal Procedure − Extended sentences n Law, crime and inchoate offences Rules Amendment No. 3) (Scottish − Breach of the peace n Incitement to commit crime. Criminal Criminal Cases Review Commission) 2010 − Crown appeal against sentence conspiracies n Intentional aspects of conspiracy The 1996 Rules include copies of all forms, as n Case Notes n Requirements of the Actus Reus of amended. − Sanction for counsel criminal attempts − Pre-trial publicity n Mental element in attempted crime The Criminal Procedure (Scotland) Act 1995, − Previous convictions of accused n The possibility of impossible attempts? 10th edition is an excellent, convenient and n The justification of punishment portable companion for criminal lawyers Alastair N. Brown, Advocate, is a criminal n The way forward and other professionals working in the area law and human rights law specialist and of criminal law. author of several titles for W. Green. Dr Sarah Christie is a Senior Lecturer in Law at The Robert Gordon University. Robert S. Shiels and Iain Bradley are 0967-2532 Solicitor Advocates and members of the 2011 Annual Subscription Price: £256.00 Procurator Fiscal Service. 2001 978 0 414 01390 2 Act of Adjournal (Criminal Procedure Rules) Hardback 1996 annotated by Peter W. Ferguson QC. £132.00

Appeal provisions annotated by Dr Alastair N. Brown.

2011 978 0 414 01841 9 Paperback c.£90.00 W_Green_catalogue_2011:Layout 1 09/03/2011 11:28 Page 26

CRIMINAL 26 NEW TITLE

MONEY LAUNDERING BRIBERY ACT 2010 OFFENSIVE WEAPONS GREENS PRACTICE LIBRARY GREENS ANNOTATED ACTS 2nd Edition Dr Alastair N. Brown Dr Alastair N. Brown Robert S. Shiels

This new title provides a clear, Publishing in the Greens Annotated Acts Robert Shiels’ important work embraces all comprehensive guide to a complex area of series, this book contains a full copy of the recent legislative changes to offensive law which affects everyone who works in Act with expert annotations by respected weapons legislation as it stands in the the financial services industry and everyone author Alastair Brown. This will be an United Kingdom as a result of the Criminal who opens a bank account. The law is essential text for solicitors dealing with Law (Consolidation) (Scotland) Act 1995 and analysed and explained with reference to bribery cases and also as guidance for local the resulting Offensive Weapons Act 1996. the Money Laundering Directive and the government employees and all professionals work of the Financial Action Task Force, as who wish to avoid falling foul of the new In this edition the author takes account of well as to the important guidance issued by legislation. case law developments since 1992; the the Joint Money Laundering Steering Group. activities of parliament in repealing statutes The Bribery Act 2010, while a Westminster and enacting new ones; and the different The first part of the book explains and Act, actually relates to a devolved area and positions which now exist amongst the three discusses the offences and investigative is the result of a legislative consent motion jurisdictions of the UK. tools. The second part of the book in the Scottish Parliament. A sophisticated reproduces the statutory material with infrastructure for dealing with financial The legal framework is supported by annotations which are intended to deal with impropriety already existed in England, extensive reporting of cases on the subject, the technical “nuts and bolts” of the law. however, until this Act no similar structure placing the importance firmly on the existed in Scotland. Actions of bribery in development of a practical and manageable Contents: Scotland can now potentially include any court tool. n Introduction; the nature of money form of hospitality, e.g. golf days or race laundering; development of the law days thus increasing the need for awareness Offensive Weapons is an invaluable work n European and international law, of the risks of providing such entertainment for all practising criminal lawyers and the especially the Third Money Laundering and the potential for an increase in bribery police forces nationwide. Directive actions. The Act itself, while short is n Substantive money laundering offences structured very differently from other acts Contents: n The Money Laundering Regulations, and many of the terms are opaque and n Legislation — the principal Acts; including consideration of the key require further explanation and definition. delegated legislation concept of customer due diligence A key point for Scottish solicitors is that the n Cases — general principles; types of n Reporting requirements Act contains a section which directly deals weapons; sentencing n Investigatory powers with Scottish partnership (s.7). n Tipping off offences Robert S. Shiels is a Solicitor Advocate and n Terrorist financing Contents: member of the Procurator Fiscal Service. n Annotated text accompanying Act Appendices n Appendix—Guidance Rules Proceeds of Crime Act 2002, Parts 7, 8 and 1996 Schedule 9. Dr Alastair N. Brown is an Advocate and a 978 0 414 01171 7 Money Laundering Regulations 2007 Fellow of the Scottish Centre for Paperback (SI 2007/2157). International Law. £99.00 Proceeds of Crime Act 2002 (Investigations: Code of Practice) (Scotland) Order 2003 (SI 2003/94) and association Code. 2011 Money Laundering Directive 2005/60/EC. 978 0 414 01851 8 Paperback Alastair N. Brown is a Solicitor Advocate and c.£55.00 a Fellow of the Scottish Centre for International Law.

2009 978 0 414 01445 9 Hardback £86.00 W_Green_catalogue_2011:Layout 1 09/03/2011 11:28 Page 27

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CRIMINAL DEFENCES AND PRISONS, PRISONERS SEXUAL OFFENCES PLEAS IN BAR OF TRIAL AND PAROLE (SCOTLAND) ACT 2009 SULI Douglas Thomson GREENS ANNOTATED ACTS James Chalmers and Fiona Leverick Dr Alastair N. Brown

This informative new title is the first text The Sexual Offences (Scotland) Act 2009 This important new title provides criminal dedicated to prisons law in Scotland since completely recasts the substantive law of practitioners and others involved in Scots 1995. As the law relating to prisons, sexual offences in Scotland and abolishes the criminal law with an in-depth narrative prisoners and parole has undergone former offences. This full-scale overhaul of guide to the law of criminal defences in significant change in recent years following the law means that you need to keep Scotland. The comprehensive coverage the implementation of the Human Rights entirely up-to-date with these changes and considers defences in the widest sense, Act 1998, this is an essential purchase for be sure that you are working with examining those which form part of those wishing to remain up-to-date on this information which is current and correct. substantive criminal law and procedural area of the law. matters such as pleas in bar of trial, abuse of Publishing in the Greens Annotated Acts process, delay, entrapment and prejudicial All relevant legislation is included as the text series, the Sexual Offences (Scotland) Act publicity. covers criminal law in respect of 2009 completely revises the law relating to imprisonment, both in respect of remands in sexual offences in Scotland, beginning with Drawing on theoretical and comparative custody and sentencing. The text includes a detailed introduction to, and overview of, material where appropriate, Criminal analysis of recent case law from Scotland, the new changes. Defences and Pleas provides a more England and the European Court of Human detailed treatment of this area than any Rights whilst also examining the structures The full text of the Act is included and other existing work and is unique in the of prison as well as processes that take place detailed section-by-section commentary, quality and scope of its coverage. This title within the prison system itself. under reference to the Scottish Law covers all recent changes and developments Commission Report on which it is based, relating to defences and offers direction on A comprehensive account of the laws helps you make sense of this new legislation, areas where the law is still developing and governing prisons is provided, including including rape and all other sexual offences, unclear. admissions, disciplinary offences, parole and such as those against children. life sentences. Publishing in the highly respected Greens Particular consideration is given to the effect Practice Library series this text presents a Contents: of the new provisions on consent. There are comprehensive and up-to-date examination n The Development of Imprisonment in also explanations of the Bill given to the of modern law. Several defences, such as Scotland Scottish Parliament by the Scottish entrapment, have only recently been n Admission into Prison Government. recognised by the Scottish courts and others, n Basic Structures and Personnel of the for example delay, have been significantly Scottish Prison Service This new book provides crucial guidance to affected by the Human Rights Act 1998, n Daily Life in Prison criminal practitioners, police and all other whilst major decisions such as Drury and n Testing For Drugs and Alcohol, Searching professionals involved with the prosecution Galbraith have reshaped various defences, and Disciplinary Offences of criminal offences. including diminished responsibility. All these n Forms of Prison Release-Day Release, areas are covered in this thorough and Compassionate Release Etc 2009 indispensable text, providing all the n Parole and Non-Parole Licence 978 0 414 01785 6 information you need in one place. n Life Prisoners and Punishment Parts Paperback n The Life Prisoner Tribunal System £48.00 Contents include: n Recall and Re-release n Classification and procedure n Conclusions and looking to the future n Self-defence, necessity, coercion and superior orders Douglas Thomson is a Solicitor Advocate. n Insanity, automatism and intoxication n Provocation and diminished responsibility 2007 n Errors of fact and law 978 0 414 01692 7 n Pleas in bar of trial Paperback n Entrapment £66.00 James Chalmers is a Senior Lecturer and Director of Postgraduates Studies for the School of Law at the University of Edinburgh.

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

Published under the auspices of the Scottish Universities Law Institute

2006 978 0 414 01521 0 Hardback £184.00 W_Green_catalogue_2011:Layout 1 09/03/2011 11:28 Page 28

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PROCEEDS OF CRIME REGULATION OF REPRESENTING GREENS ESSENTIAL LEGISLATION INVESTIGATORY POWERS DRUG OFFENDERS Dr Alastair N. Brown IN SCOTLAND Fiona MacDonald GREENS ESSENTIAL LEGISLATION Dr Alastair N. Brown Proceeds of Crime is an ideal dedicated A practical and concise guide, exploring all portable reference guide for practitioners. the principal stages of representing drug Regulation of Investigatory Powers is an offenders. This guide contains full text, annotated ideal dedicated portable reference guide for copies of the Proceeds of Crime (Scotland) practitioners. Recent legislation, case law and practice, Act 1995 and the Proceeds of Crime Act have brought significant and controversial 2002 offering guidance on the This guide contains full text, annotated developments for the criminal lawyer when interpretation, implications and application copies of the Regulation of Investigatory advising and representing drug offenders, in of this highly topical legislation in practice. Powers (Scotland) Act 2000 and the particular, the new drug courts. Regulation of Investigatory Powers Act 2000 Practitioners in every area of the law will Representing Drug Offenders illustrates need to know the acts, regulations (especially offering guidance on the interpretation, implications and application of the what proper representation means in the Money Laundering Regulations), codes of practical situations from taking instructions practice and relevant SIs and SSIs. legislation in practice, with particular reference to decided cases. through to sentencing. There are handy checklists and case studies to aid your work. Contents: Acts Practitioners will need to know the regulations, codes of practice and Contents: n Proceeds of Crime (Scotland) Act 1995 n Introduction n Proceeds of Crime Act 2002 complaints procedures in order to act effectively on behalf of their clients. n Historical basis Scottish Statutory Instruments n Representation n Proceeds of Crime Act 2002 (Cash This guide deals with a range of complex – Meeting the client Searches: Constables in Scotland: Code – Tendering the plea, issues including: surveillance, acquisition of of Practice) Order 2002 – Pre trial preparation: including n Proceeds of Crime Act 2002 (Disclosure communications data and investigation of electronic data. specification of documents, disclosure, of Information to and by Lord Advocate defective representation, notices to be and Scottish Ministers) Order 2003 Contents: served, etc n Proceeds of Crime Act 2002 – The trial (Investigations: Code of Practice) Legislation n Regulation of Investigatory Powers n Sentencing (Scotland) Order 2003 n Misuse of drugs n Act of Sederunt (Summary Applications, (Scotland) Act 2000 (as annotated) n Regulation of Investigatory Powers Act n Drug courts Statutory Applications and Appeals etc. n Confiscation proceedings Rules) Amendment (No. 6) (Proceeds of 2000 (as annotated) Crime Act) Appendices n Act of Adjournal (Criminal Procedure Codes of Practice n Covert Surveillance — Code of Practice n Checklists, e.g. taking instructions, etc Rules Amendment) (Proceeds of Crime n Flowcharts, e.g. diagrams of process, Act 2002) 2003 n Covert Human Intelligence Sources — Code of Practice new procedure, who is involved and n The Advice and Assistance (Assistance by where Way of Representation) (Scotland) Dr Alastair N. Brown is a Solicitor Advocate n Classification of drugs Regulations 2003 n Code of conduct n Act of Sederunt (Rules of Court of and a Fellow of the Scottish Centre for International Law. n Penalty tables Session Amendment No. 2) (Proceeds of n Case digests Crime Act 2002) 2003 Statutory Instruments Fiona MacDonald is a Solicitor in the 2003 n Proceeds of Crime Act 2002 (Recovery of Supreme Court. Cash in Summary Proceedings: Minimum 978 0 414 01490 9 Amount) Order 2002 Paperback £68.00 n Proceeds of Crime Act 2002 2004 (Enforcement in different parts of 978 0 414 01547 0 United Kingdom) Order 2002 Paperback n Proceeds of Crime Act 2002 (Recovery £70.00 from Pension Schemes) Regulations 2003 n Money Laundering Regulations 2003 Codes of Practice n Cash Searches: Constables in Scotland n Investigations: Code of Practice (Scotland)

Dr Alastair N. Brown is a Solicitor Advocate and he is also a Fellow of the Scottish Centre for International Law.

2004 978 0 414 01569 2 Paperback £64.00 W_Green_catalogue_2011:Layout 1 09/03/2011 11:28 Page 29

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RENTON & BROWN’S RENTON & BROWN’S RENTON & BROWN’S CRIMINAL PROCEDURE CRIMINAL PROCEDURE STATUTORY OFFENCES LEGISLATION 6th Edition Regular Updates Regular Updates Regular Updates Commentary by: Sir Gerald H. Gordon QC Iain Bradley, Dr Alastair N. Brown, and James Chalmers The number of offences created by statute has increased dramatically in recent years Mr P. W. Ferguson QC and and this trend is likely to continue. Until Robert S. Shiels now, there has been no single source “I strongly recommend this for immediate bringing together details of offences created purchase by all those engaged in the by an Act or Statutory Instrument. practice of criminal law.” This invaluable work draws together all Hon. Lord Johnson primary and subordinate legislation in the Renton & Brown’s Statutory Offences field of Scots criminal procedure. comprises three looseleaf volumes providing “No practitioner in the field of criminal law Scotland’s criminal law practitioners with an should be without his Renton & Brown.” Fully annotated versions of the following ideal companion to both Renton & Brown’s John Fitzsimmons, Scots Law Times are contained within the looseleaf: Criminal Procedure Sixth Edition and Renton n Criminal Justice (International & Brown’s Criminal Procedure Legislation. The indispensable guide for Scotland’s Co-operation) Act 1990 criminal law practitioners. n Prisoners and Criminal Proceedings This looseleaf brings together the legislation (Scotland) Act 1993 which creates statutory offences, with Scotland’s cardinal criminal law text n Criminal Law (Consolidation) (Scotland) authoritative annotations. The flexible continues to provide an authoritative, Act 1995 looseleaf format allows for the inclusion of comprehensive account of the law of n Proceeds of Crime (Scotland) Act 1995 new statutory offences created by the criminal procedure through the regular n Criminal Procedure (Scotland) Act 1995 Scottish Parliament and updating of updating. n Crime and Punishment (Scotland) Act annotations. In the practical looseleaf style, 1997 this is the first publication to deal with this Contents: n Crime and Disorder Act 1998 (sections continually growing area. n Criminal jurisdiction applicable for Scotland) n Criminal courts n Proceeds of Crime Act 2002 Contents: n Prosecutors n Division A: Controlled Substances n Duties of a prosecutor Also contained are fully updated, and n Division B: Sexual Offences n Investigation of crime by the police annotated selected sections of: n Division C: Offensive Weapons n Charges and preliminary defences n Sheriff Courts and Legal Officers n Division D: Firearms n Bail and service (Scotland) Act 1927 n Division E: Animals n Solemn procedure n Police (Scotland) Act 1967 n Division F: Fishing and Fisheries n Summary procedure n Civic Government (Scotland) Act 1982 n Division G: Licensing n Sentencing n Protection from Harassment Act 1997 n Division H: Environment n Evidence n Human Rights 1998 n Division I: International Crime n Children n Scotland Act 1998 n Division J: Consumer Law n Mental disorder n Regulation of Investigatory Powers n Division K: Statutory Fraud and n Civil liability (Scotland) Act 2000 Business Regulation n Appeals n Regulation of Investigatory Powers n Division L: Property Offences n European law Act 2000 n Division M: Health and Safety n Sexual Offences (Amendment) Act 2000 n Division Z: Miscellaneous n Criminal Justice and Police Act 2001 n International Criminal Court Act 2001 978 0 414 01151 9 1 Volume Looseleaf n Crime (International Co-operation) Act 978 0 414 01313 1 £610.00 2003 3 Volume Looseleaf Annual Subscription n Extradition Act 2003 £485.00 n Criminal Justice (Scotland) Act 2003 Updating releases charged for on n Police, Public Order and Criminal publication Justice (Scotland) Act 2006 n Criminal Proceedings etc. (Reform) (Scotland) Act 2007 n 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 6 3 Volume Looseleaf £578.00 Annual Subscription W_Green_catalogue_2011:Layout 1 09/03/2011 11:28 Page 30

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SCOTTISH CRIMINAL LAW SENTENCING PRACTICE ROAD TRAFFIC SENTENCING 12 issues a year Regular Updates REFERENCER General Editor: Sheriff T. Welsh QC General Editor: Sheriff Nigel Morrison QC Road traffic offences are frequent and wide Scottish Criminal Law is a monthly criminal ranging with many opportunities to appeal case reports series, making it twice as Sentencing Practice brings together, in easily sentencing. The bible for those in need of current as any similar series available in updated looseleaf format, an edited sentencing guidance has always been Scotland. The enhanced currency combined collection of case digests arranged under Sentencing Practice. This same information with the expert editorial work of Sheriff T. subject headings, along with sentencing is now available as the Road Traffic Welsh makes Scottish Criminal Law the details. Sentencing Referencer, a paperback book obvious choice when deciding where to which can be easily taken into court and is access information in this field. It can be difficult for judges and legal affordable for those who don’t have access practitioners to gain easy access to the to Sentencing Practice or who would like a Outwith case reports Scottish Criminal Law information they need to determine the separate version of the traffic offences will also publish an Appeal Court column appropriate range of sentence for a section. from Chris Shead. particular case being considered. The expanded collection of case digests in The Road Traffic Sentencing Referencer The key content of each issue includes: Sentencing Practice provides a systematic provides clear and practical guidance on the n An Appeal Court column means of identifying the appropriate range range of sentences that have been passed n Full-text law reports of sentence for any particular case, and for for a wide variety of road traffic offences. It n Case commentaries discovering which sentences have been contains maximum penalties, sentencing n Full-text sentencing cases upheld or substituted on appeal. guidelines and case digests provided by Sheriff Frank Crowe. Sheriff T. Welsh QC is presently Director of Cases have been selected and digested by an Judicial Studies and also general editor of expert team of sheriffs and legal This work gives practitioners easy access to a MacPhail’s Sheriff Court Practice 3rd Edition. practitioners, led by Sheriff Morrison QC. comprehensive collection of road traffic cases to help assess the range of sentence Contents: which might be given for a particular 1754–2286 n Crimes and offences against the course offence. Cases range from dangerous 2011 Annual Subscription Price: £245.00 of justice driving to drivers hours to driving while n Crimes and offences against the person disqualified. (non-sexual) n Crimes and offences against property This title is arranged by case type and can n Crimes and offences against public order also be searched through the comprehensive and welfare table of cases making Road Traffic n Crimes and offences of dishonesty Sentencing Referencer a time saving device n Drugs offences whether in the office or courtroom. n Environmental offences n Firearms offences n Fishing and game offences 2009 n Licensing offences 978 0 414 01789 4 n Miscellaneous common law offences Paperback n Miscellaneous statutory offences £45.00 n Protection of animals and birds n Road traffic offences n Sexual offences

Sheriff Nigel Morrison QC is a Sheriff at Edinburgh.

978 0 414 01339 1 1 Volume Looseleaf £512.00 Updating releases charged for on publication W_Green_catalogue_2011:Layout 1 09/03/2011 11:28 Page 31

DELICT AND REPARATION 31

AN INTRODUCTION TO THE CONFIDENTIALITY, MAXIMISING CRIMINAL LAW OF HEALTH AND SAFETY PERSONALITY AND PRIVACY INJURIES COMPENSATION AT WORK IN SCOTLAND IN SCOTS LAW Ken Baddon 2nd Edition SULI Professor Victor Craig and Elspeth C. Reid Professor Kenneth Miller Neatly split into two parts: Part A — Overview, explains all the main Filling an important gap in the academic rules of the compensation scheme in a clear This second edition of the practical and and practitioner market, this new book is and concise manner. concise introduction to the law of health the first to present an integrated account of and safety at work in Scotland sets out the the subject area, combining the treatment Part B — In Detail, offers detailed analysis common law, statutory provisions and of common law and statute with an with extensive annotations and case law European materials applying to health and appraisal of the impact of the ECHR on Scots authority. safety in the workplace. Law. This is the first publication available since Written in a thoroughly approachable style, The protection of personality, confidentiality the last major revision of the scheme, and An Introduction to the Law of Health and and privacy interests has in recent years provides full text of the 2001 Scheme along Safety at Work in Scotland takes into become an increasingly urgent focus for the with topical judicial review cases. Also, the account the adoption of EU directives on law of Delict worldwide. In Scotland, new CICA Guide to the Scheme is reflected health and safety at work, and the recent personality rights generally and convention throughout the text. revisions implementing domestic regulations rights specifically have been increasingly dealing with, among other things: asserted in the courts. As well as covering A valuable, hands-on reference tool, management of health and safety at work; these cases in detail, the book will take including: display screen equipment; manual handling account of the growing jurisprudence south n Practical tips and examples of goods; work equipment; working time; of the border, as well as important recent n Flowcharts and checklists substances hazardous to health; construction developments in other jurisdictions. n Sample loss of earnings claim, with design and management of the workplace; explanation and commentary public interest disclosure and human rights. Contents: n Introduction User-friendly, practical guidance, in one Coverage includes: n Comparative overview of personality handy volume. n Sources and institutions rights n The common law n Personality Rights and the ECHR Contents: n The statutory regime n Physical Integrity, Protection against Part I: Overview n Health and Safety at Work etc. Act 1974 Physical Harm. Protection against n Introduction n Selected areas of statutory regulation. Emotional and Psychological Harm, n What is a criminal injury? Remedies and insurance Harassment, Protection of Liberty, n Victims and applicants n Health and Safety Executive Wrongful Detention n Discretionary refusal of an award Organisation flowchart n Reputation, Protection of Reputation, n Amount of compensation Defamation and Verbal Injury n Procedure Victor Craig is Professor of Employment Law n Confidentiality, considerations affecting at Heriot-Watt University. Protection of Information in different Part II: In Detail contexts, interaction with Law of Privacy n Constitutional issues Kenneth Miller is Professor of Employment n Protection of identity and image n Eligibility issues Law and Vice-Principal of the University of n A Scots Law of Privacy? n Crimes of violence Strathclyde. n Personality Rights and Medical Law n Other eligible causes n Statutory Protection for Personal Data n Directly attributable n Discretion to refuse or reduce an award 2000 Elspeth C. Reid, Senior Lecturer in Law, n Awards for relatives of victims 978 0 414 01375 9 University of Edinburgh n Amount of compensation Paperback n Claims for financial loss £66.00 n Procedure 2010 Ken Baddon is a Solicitor, both in Scotland 978 0 414 01681 1 and England and Wales. From 1990 to 2002 Hardback he worked full-time for the Criminal Injuries £95.00 Compensation Authority and its predecessor.

2003 978 0 414 01523 4 Paperback £55.00 W_Green_catalogue_2011:Layout 1 09/03/2011 11:28 Page 32

DELICT AND REPARATION 32

REPARATION LEGISLATION REPARATION: DELICT GREENS ESSENTIAL LEGISLATION LIABILITY FOR DELICT 4th Edition William J. Stewart Regular Updates GREENS CONCISE SCOTS LAW General Editor: Douglas Brodie William J. Stewart (Original work by William J. Stewart) This edited volume of legislation will give reparation practitioners access to an Bill Stewart’s book has rapidly established extensive archive of primary material, with itself as the standard introduction to the comprehensive coverage of the core areas of A comprehensive looseleaf with a fully principles and rules of delict. A reparation practice, as well as coverage of up-to-date narrative guide to this diverse comprehensive yet concise treatment, it is more specialist areas such as Defamation. area of the law, cross-referenced to The legislation is fully consolidated and has legislation, motor insurance guidance, the valuable for any student of the subject and been selected for relevance and importance employment “six pack” regulations and is deservedly popular with practitioners. to reparation practitioners, including all styles. provisions referred to the Voluntary Contents: Pre-action Protocol. This handy reference Published in easily updated and user-friendly n Introduction guide for practitioners also contains a looseleaf format, Reparation: Liability for n Delicts with names I — nominate narrative explanation of Statutory Liability. Delict is divided by topic. It provides n Delicts with names II — economic authoritative narrative and is highly practical n Liability for unintentional harm I: Contents include: in focus, offering indispensable guidance to outline account n Administration of Justice Act 1982 n Liability For unintentional harm II: n Animals (Scotland) Act 1987 the detailed and complex areas from difficult topics n Civil Evidence (Scotland) Act 1988 negligence to abuse of process, verbal injury n Compensation Act 2006 to road accidents. Styles assist with the n Statutory duty, “Eurorep” and human n Construction (Design and Management) drafting of writs. rights Regulations 2007 n Special areas of activities n Construction (Head Protection) Every area is cross-referenced to cases, n Verbal injury Regulations 1989 articles and textbooks, an extensive n Parties n Control of Noise at Work Regulations bibliography is included, providing you with n Vicarious liability 2005 a ready reference tool and saving you n Immunities, defences, transfer and n Control of Substances Hazardous to valuable research time by guiding you from extinction Health Regulations 2002 problem to solution quickly and efficiently. n Damages for delict n Damages (Scotland) Acts 1976 and 1993 n Damages Act 1996 Bill Stewart, formerly a partner in a law n Defamation Acts 1952 and 1996 Reparation: Liability for Delict provides the most accurate and up-to-date guide to firm, lectured at Stirling University Law n Employer's Liability (Compulsory School. He wrote and edited a number of practice in reparation. It is a vital complete Insurance) Act 1969 W. Green titles aimed at both legal n Environmental Protection Act 1990 reference guide. practitioners and students. n Interest on Damages (Scotland) Act 1958 n Law Reform (Contributory Negligence) Contents: Act 1945 Division A: Narrative 2004 n Law Reform (Miscellaneous Provisions) n Jurisdiction 978 0 414 01556 2 (Scotland) Act 1968 n Parties to actions n Law Reform (Personal Injuries) Act 1948 Paperback n Vicarious liability n Lifting Operations and Lifting £36.00 n Freedom of the person Equipment Regulations 1998 n Occupiers Liability (Scotland) Act 1960 n Heritable and moveable property n Prescription and Limitation (Scotland) n Business and the economic torts 1973 n Defamation n Pressure Systems Safety Regulations 2000 n Legal process n Protection from Harassment Act 1997 n Negligence n Roads (Scotland) Act 1984 (part) n Statutory duty n Health & Safety (Display Screen n Human rights Equipment) Regulations 1992 n Professional liability n Management of Health & Safety at n Transport Work Regulations 1999 n Damages n Manual Handling Operations n Other remedies Regulations 1992 n Personal Protective Equipment at Work n Contribution and relief Regulations 1992 n Extinction and transfer of liability n Provision and Use of Work Equipment n Proof Regulations 1998 n Defences n Work at Height Regulations 2005 Division B: Legislation n Workplace (Health, Safety and Welfare) Division C: Highway Code Regulations 1992 Division D: Motor Insurers’ Bureau Division E: Styles Bill Stewart, formerly a partner in a law firm, lectured at Stirling University Law Douglas Brodie is Professor of School. He wrote and edited a number of Employment Law and Head of the School W. Green titles aimed at both legal of Law at the University of Edinburgh. practitioners and students.

2009 978 0 414 01477 0 978 0 414 01780 1 2 Volume Looseleaf Paperback £398.00 £70.00 Annual Subscription W_Green_catalogue_2011:Layout 1 09/03/2011 11:28 Page 33

DELICT AND REPARATION 33 NEW EDITION

DELICT DELICT GREENS 4th Edition SULI REPARATION BULLETIN LAWBASICS Consultant Editor: 6 issues a year Gordon Cameron Professor Joe Thomson Editor: Douglas Brodie Contributing Editors: Robert Milligan QC, Delict LawBasics, 4th Edition provides the “…Contains material which I have found Lauren Sutherland and perfect ally for students, presenting a stimulating as well as comprehensive and concise revision guide and a supplement to which might never have been published Gordon Junor course texts. It is an ideal introduction to the unless SULI had embarked on this venture.” subject, covering all the fundamental aspects Joe Thomson — from the foreword of the law of delict and its place within Scots A practical product aimed at assisting Publishing under the auspices of the law, with a straightforward and concise practitioners’ arguments in correspondence Scottish Universities Law Institute, this is the approach. Gone is the need to rely on a and in court. definitive statement on the area of Delict combination of scribbled notes and and is an extremely welcome updated Regular features include: photocopies to decipher a terms-worth of account of the subject. This book has been n Comment work. expertly written to offer clear guidance on n Quantum the general theory of delictual liability, as n Cases in brief This title considers both the general well as providing detailed analysis of principles of delictual liability and particular protected interests and specific forms of n Medical negligence forms of liability such as Occupiers’ Liability. liability. It also looks at specific delicts from Recent coverage includes: Defamation and Nuisance to Trespass and To ensure the absolute currency of this major n Controlling Duties of Care to Breach of Confidence. This fully updated work it will be published in installments, Third Parties? edition includes a greater number of sample each chapter freshly written by one of a n Fairchild in the Sheriff Court questions and model answers, making it an team of specialists. The original text will be n Reform in Relation to Damages even more vital revision tool. comprehensive and cover the core of the for Wrongful Death subject. Additional chapters will be published n Carnegie — R.I.P. on a charge by release basis to guarantee a Contents include: n The Value of Pleural Plaques Under the fully rounded and up-to-date text. n Introduction Damages (Asbestos-related Conditions) (Scotland) Act 2009 n Liability for unintentional harm Contents: n Occupiers’ Liability: n Liability for unintentionally caused Part I — General financial harm n Province and function of the law of Violence on the Premises n Mental harm delict n Vicarious liability n Delict and International private law Douglas Brodie is Professor of n Defamation n Capacity and parties Employment Law and Head of the School n Statutory liability n Liability for delictual actions of Law at the University of Edinburgh. n Nuisance n Delictual liability at common law n Nominate delicts n Beach of statutory duty n Remedies n Causation 1357-2776 n Defences to delictual liability 2011 Annual Subscription Price: £256.00 Gordon Cameron is a lecturer in law at the n Prescription and limitation University of Dundee. n Remedies Part II — Protected interests n Autonomy, consent and the body in delict 2011 n Personality interests 978 0 414 01833 4 n Delictual protection of possessory Paperback interests in corporeal moveable property £12.50 n Land n Economic delicts Part III — Specific forms of liability n Product liability and consumer protection n Occupiers’ liability n Employers’ liability n Professional negligence n Liability of Public authorities n Liability for animals n Road traffic accidents

Consultant Editor Joe Thomson was formerly Regius Professor of Law at the University of Glasgow.

Published under the auspices of the Scottish Universities Law Institute

2007 978 0 414 01694 1 Looseleaf £213.00 W_Green_catalogue_2011:Layout 1 09/03/2011 11:28 Page 34

DELICT AND REPARATION 34 NEW EDITION

PERSONAL INJURY PRACTICE McEWAN & PATON ON McEWAN & PATON: IN THE SHERIFF COURT DAMAGES FOR PERSONAL PERSONAL INJURY PRACTICE 3rd Edition INJURIES IN SCOTLAND Regular Updates Ronald E. Conway Regular Updates CD-ROM The Rt Hon. Lady Paton

Personal Injury Practice in the Sheriff Court Scotland’s only personal injury practice CD- is a practical and user-friendly guide to Published in looseleaf format with two ROM McEwan & Paton: Personal Injury procedure for personal injury claims in the releases annually, McEwan & Paton is an Practice CD-ROM provides you with all the sheriff court. indispensable reference guide for all authority of McEwan & Paton, the respected reparation practitioners, providing practical looseleaf, on one fully searchable CD-ROM, Part 1: Personal Injury Claims emphasises information on the assessment of damages along with the labour-saving MyCase tool — various strategies to strengthen the case at for personal injury and death. a case database with integral filing and every stage. calculator functions. Contents: Part 2: Common Actions outlines the law n Case notes Digital technology allows us to make the and practice of the most commonly n Actuarial tables vast amount of material contained within encountered sources of action. This edition (updated 6th edition included) the paper product readily accessible to you includes a new outline on the law and n Judicial Studies Board Guidelines at the push of a button. You are able to practice of stress, bullying and harassment. (updated 10th edition included) perform complex and highly specific n Inflation tables searches across all the material available in Contents: n Retail price index tables the looseleaf in seconds — speeding up your PART I — Personal Injury Claims n Interim damages research time enormously. n Taking instructions n Provisional damages n Funding the file n Interest on damages McEwan & Paton: Personal Injury Practice n Constructing the claim on liability n Inflation and damages CD-ROM contains MyCase — a database n Evidence on quantum n Loss of earnings and deductions with approximately 400 personal injury n Deduction of benefits n Loss of employability cases. Using MyCase you can save research n Limitation and time bar n Multipliers and actuarial evidence time by specifying search criteria, for n Negotiation and settlement before action n Miscellaneous factors affecting damages example pursuer age, gender or injury, thus n Pleadings in personal injury actions n Nervous shock, PTSD and related ensuring only the most relevant cases are n After the action is raised conditions displayed. n Expert evidence n The unaware pursuer n Preparation for proof n Nursing care and special aids Additional features include: n Proof n Services n The ability to create detailed schedules n Procedure after proof n Damages in fatal cases of damages on-screen with ease n Appeals n Contributory negligence n A management system for your own n Small claims and summary causes n Review of awards of damages cases n Case management n Recoupment of benefits n Integral calculator functions for working n Structured settlements out inflation, multipliers and elapsed PART II — Common Causes of Action time periods n Road traffic n Tenders and settlements n Civil juries and damages n Slips and falls A completely new and easily installed n Occupiers liability cases CD-ROM will be sent to you twice a year, n Accidents at work Appendices: n Statutes and statutory instruments keeping you up-to-date with all the latest n Occupational illness and disease cases and information. n Damages for stress at work n Rules of court n Accidents to children n The skeleton n Holiday claims n Orientation in medical reports 978 0 414 01376 6 n Construction accidents n Type of fracture n Structured settlements CD-ROM only Appendices: n Tenders and settlements £550.00 + £110.00 VAT = £660.00 n Damages information sheet n Civil juries and damages n Accidents at work check list n Summary cause flowchart The Rt Hon. Lady Paton QC is the High Court n Police report details Judge member of the Parole Board for n Extra judicial fees for negotiated Scotland. settlements n Style writ for pavement trip accident n Style specification of documents for 978 0 414 00882 3 pavement trip accident 1 Volume Looseleaf n Sample schedule of damages £501.00 Annual Subscription Ronald E. Conway is a Partner with Bonnar & Co.

2011 978 0 414 01837 2 Hardback c.£84.00 W_Green_catalogue_2011:Layout 1 09/03/2011 11:28 Page 35

DELICT AND REPARATION | EDUCATION 35

GREENS CASEBOOK ON DELICT EDUCATION REPARATION LAW REPORTS 2nd Edition LAW IN SCOTLAND 6 issues a year William J. Stewart GREENS PRACTICE LIBRARY Editor: Douglas Kinloch Janys M. Scott QC

“A useful collection of materials of interest n All significant reparation judgments to both practitioner and student.” Publishing in the Greens Practice Library from the Court of Session reported or Scottish Law Gazette series, this book provides a comprehensive summarised account of this complex area of the law, n Other reparation judgments from the Bill Stewart’s Casebook on Delict brings whilst remaining highly practical in focus. Sheriff Court of interest to the specialist together the most important Scottish cases practitioner, but which may not be on delict in one comprehensive and The most up-to-date and thorough account reported elsewhere accessible volume. of this topical subject, Education Law in n Reports are prepared quickly and will Scotland takes into consideration the recent often appear before any other law The thorough examination of central cases amendments to the Standards in Scotland’s reporting service is supported by selective articles and Schools etc. Act 2000 and the Disability n Quantum cases section for cases dealing commentary and endeavours to illustrate Discrimination Act 1995 as well as looking at with damages only reported separately the core principles of the law of delict in a the impact of the Human Rights Act 1998. for ease of reference current contemporary context. The statutory appendix has been updated throughout and Essentially covering the rights of children Subjects covered include: expanded to include the Damages (Scotland) and the rights and duties of schools and n Jury trials Act 1993, the Damages Act 1996 and the parents, this authoritative work examines n Quantum Defamation Act 1996. the subjects which fall within these areas, n Slipping and tripping e.g. the criminal aspect of the prosecution of n Psychiatric injury Building on the solid foundation of a well parents to the welfare of children with n Negligence received and respected original, this second disabilities and special educational needs. n Specification of documents edition sees the author succeed in further n Title to sue developing a reference book that no Education Law in Scotland covers the n Commission and diligence student or professional can afford to ignore. historical foundations of education through to the present environment and looks Douglas Kinloch is a Sheriff. Contents: forward to the future of education in n The institutional writers — terminology Scotland. n Wrongful interference with the person 1362-167X n Breach of confidence Contents: 2011 Annual Subscription Price: £305.00 n Wrongful use of land n Introduction n Wrongful interference with goods n Foundations n Economic delicts n Children’s rights n Negligence: duty, standard of care, n Parents causation, remoteness n Scottish ministers n Third party intervention n Education authorities n Economic loss n Pupils n Liability of public bodies n Places of education n Statutory duty and Euro reps n School boards n Occupiers’ liability n Change and consultation n Product liability n Curriculum and discipline n Animals n Benefits n Employers’ liability n Pupil records n Defences n School attendance n Verbal injuries n Appeal committees n Vicarious liability and some special n Placing requests parties n Exclusion from school n Private international law — jurisdiction n Special educational needs and conflict of law n Discrimination n Proof and damages n Delictual liability n Appendix — SI 1981/1558 Sch.1 Bill Stewart, formerly a partner in a law firm, lectured at Stirling University Law Janys M. Scott QC co-editor of Greens Family School. He wrote and edited a number of W. Green titles aimed at both legal Law Reports, and contributor to the Family practitioners and students. Law and Education Law sections of Green’s Human Rights Service, is an Advocate and part-time Sheriff. She is Chairman of the BAAF Scottish Legal Group and Joint Vice- 1997 Chair of the Advocates’ Child and Family 978 0 414 01188 5 Law Group. Paperback £64.00

2003 978 0 414 01452 7 Hardback £135.00 W_Green_catalogue_2011:Layout 1 09/03/2011 11:28 Page 36

EDUCATION | EMPLOYMENT 36

SCOTTISH EMPLOYMENT LAW THE CONTRACT OF EDUCATION MANUAL 2nd Edition EMPLOYMENT Regular Updates Malcolm R. Mackay SULI Editor: Christina Ashton and Shona Simon Professor Douglas Brodie

A guide specifically researched, designed Employment Law provides authoritative, This new title is an authoritative guide to and written for head teachers in Scotland. practical guidance on, and analysis of, the the law of Employment Contracts in The manual goes beyond explaining Scots aspects of this fast developing area of Scotland. The Contract of Employemnt will legislation by providing practical guidance law and procedure. be an invaluable addition to the SULI series about how to apply legal regulations within from an expert in the field. the workplace. Comprehensive in coverage yet written in a thoroughly approachable style, this book is Contents: Offering a single expert source of reference, an essential purchase for legal practitioners n Identifying the Contract of Employment the Scottish Education Manual guides the whose interest lies in employment law, and n Identifying the Contract of Employment: reader easily through reams of information is also of interest to human resource Difficulties in Categorisation covering this complex subject with easy to professionals. n Formation of the Contract use indexing. Procedures are explained n Misrepresentation in clear practical terms, supported by Contents: n Variation of the Contract comprehensive checklists and points for n The employment relationship n Mutuality of Obligation consideration. n Discrimination n Implied Terms n Pregnancy and maternity rights n The Duty of Mutual Trust and Updated regularly to incorporate the latest n Equal pay Confidence legal changes in legislation and practice, this n Transfer of undertakings n The Control of Discretion is the ideal source for reference and n Termination of the employment n The Duty of Reasonable Care guidance. relationship n The Work-Wage Bargain n Redundancy n The Duty of Fidelity The two volume manual is published in a n Unfair dismissal n Restrictive Covenants looseleaf with accompanying CD-ROM n Employment litigation — prior to the n Incorporation of Terms providing access to clear and detailed hearing n Custom and Practice information. n Negotiating and funding employment n Interpretation claims n The role of UCTA Contents: n Conducting, constitution and jurisdiction n Termination (1) n Legal issues of industrial tribunal n Termination (2) n General management n Remedies n Damages n Pupil welfare n Review and appeal n Judicial Review n Health and safety issues n Health and safety in practical classes Malcolm Mackay is a Partner with Maclay Douglas Brodie is Professor of n Employment in education Murray & Spens solicitors and is Head of Employment Law and Head of the School n Contracts of employment Employment, Pensions and Benefits of Law at the University of Edinburgh. n Legislation Department.

Christina Ashton was formerly Head of the Shona Simon is President at the Employment 2008 Department of Law at Napier University. Tribunals Office in Scotland. 978 0 414 01722 1 Hardback £144.00 978 0 414 01286 8 2001 2 Volume Looseleaf and CD-ROM 978 0 414 01402 2 £278.00 + £27.80 VAT = £305.80 Hardback Annual Subscription £114.00 W_Green_catalogue_2011:Layout 1 09/03/2011 11:28 Page 37

EMPLOYMENT 37

EMPLOYMENT LAW: EMPLOYMENT TRIBUNAL GREENS AN INTRODUCTION PRACTICE IN SCOTLAND EMPLOYMENT LAW BULLETIN 3rd Edition 2nd Edition 6 issues a year Professor Victor Craig REGULAR UPDATES Editors: Louise Taggart and and Susan Walker William Leslie Muriel Robison Updated by: Shona Simon and Louise Taggart Written in a clear and usable format, this Greens Employment Law Bulletin highlights book consists of a combination of up-to- recent developments in this specialist area of date text and case law which cover all the Employment Tribunal Practice in Scotland the law. major developments within this wide- has undergone numerous changes in the last ranging subject area. decade, particularly due to the Employment Regular features include: Act 2008. This Act made sweeping changes n Comment Employment Law: An Introduction will keep to employment tribunal practice. Further n Case notes you updated of employment rights from changes are expected due to the Equality n News both an employer and employee’s position, Act 2010 enacted, for the most part, on n Legislation updates providing essential knowledge to legal October 1, 2010, as well as other pieces of practitioners involved in employment law legislation such as the Equality Act 2010 Recent coverage includes: and employees/employers alike. (Commencement No.4, Savings, n Racial Groups, the “But-For” Test, Benign Consequential, Transitional, Transitory and Motives, and Distinguishing Indirect A comprehensive, reader-friendly source of Incidental Provisions and Revocation) Order Discrimination information this book approaches the 2010 and the Transnational Information and n Additional Paternity Leave subject from a uniquely Scottish perspective Consultation of Employees (Amendment) n Capability Dismissals and the DDA and covers the key areas of employment law Regulations 2010. n Taxation of Employment Tribunal from formation through to termination of Awards contracts. Employment Tribunal Practice in Scotland n Cabin Crews and Collective Agreements will reflect the effect of these important n Public Sector Duties This title can be used as an overall changes. introduction to employment law, as well as Muriel Robison is a fee paid Employment an update for those simply wishing to Contents: Judge and part time lecturer at Glasgow remain informed of recent changes in the n History and Grounds of Jurisdiction University. field. Human Resources Management n Regulations and Rules of Procedure professionals have found previous editions a n The Employment Tribunals (Scotland) Louise Taggart is an Associate in the helpful reference guide to the subject area. n Jurisdiction Employment, Pensions and Benefits team at n Initial Procedure Maclay Murray & Spens LLP. Contents: n Case Management n Contract of employment n Conciliation and Settlement n Terms and conditions of employment n The Hearing 1352-2159 n Termination of the contract and n Evidence 2011 Annual Subscription Price: £256.00 wrongful dismissal n The Judgment n Unfair dismissal n Expenses, Wasted Costs and Preparation n Redundancy payments and transfers of n Time undertakings n Review n Discrimination n Appeal n Institutions of employment Shona Simon is President at the Employment Victor Craig is Professor of Employment Law Tribunals Office in Scotland. at Heriot-Watt University. Louise Taggart is an Associate in the Susan Walker is a Lecturer in Law at Employment, Pensions and Benefits team at Heriot-Watt University. Maclay Murray & Spens LLP.

2007 978 0 414 01114 4 978 0 414 01701 6 1 Volume Looseleaf Paperback £365.00 £36.00 Updating releases charged for on publication W_Green_catalogue_2011:Layout 1 09/03/2011 11:28 Page 38

ENTERTAINMENT AND MEDIA | ENVIRONMENT 38

SCOTS LAW FOR ENVIRONMENTAL LAW NATURE CONSERVATION LAW JOURNALISTS IN SCOTLAND 3rd Edition 8th Edition SULI Colin T. Reid Rosalind McInnes General Editor:

Professor Francis McManus This essential work offers a comprehensive This book provides a clear and concise guide and clear guide to the law on nature to Scots law for journalists and editors and is conservation in Great Britain. The 3rd The only dedicated Scottish encyclopaedia of the only book on this subject in Scotland. It edition takes into account significant environmental law, this title is published in is also an essential training aid for students changes in legislation in both Scotland and parts to ensure utmost validity. In-depth studying Media Law as part of a law, England, including the Nature Conservation treatment of each distinct area is completed journalism or communications degree. (Scotland) Act 2004 and the Natural by a member of the specialist multi-author Environment and Rural Communities Act team meaning you have access to the most This new edition includes comprehensive 2006, as well as extensive developments in current and reliable information available coverage of many relevant areas of the law European case law. on this legal area. which have recently undergone significant change, including guidance on the new UK This book will be a vital reference guide to Current contents: and Scottish Freedom of Information Acts, legal practitioners involved in planning, n Victorian Foundations of Environmental the developing area of Privacy, coverage of environmental and agricultural matters. The Law the Bonomy Reforms in relation to criminal approachable style makes it an equally n Sources, Institutions and General court procedure and new regulations suitable guide for land owners, nature Principles relating to news gathering. conservation professionals, estate managers n Nuisance and students of nature conservation law. n Noise Equally suitable for print and broadcast n Water Pollution journalists and thoroughly practical in focus, Contents: n GMOs as an Environmental Risk Scots Law for Journalists is also an n Introduction n The Impact of Human Rights on authoritative quick reference guide on n The authorities responsible for nature Environmental Law media law for advocates and solicitors. conservation n Regulation of Nuclear Installations and n Protection of wild animals Radioactive Substances Coverage includes: n Exploitation and destruction of wildlife n Environmental Taxation n Titles and terminology n Conservation of habitat n Pollution Prevention and Control n News gathering n Plants n Nature Conservation n Contempt of court n European and international aspects n Defences n Miscellaneous Future chapters will include: n Differences in English law n Appendix A — Schedules to the Wildlife n Air Pollution n Privacy, breach of confidence and and Countryside Act 1981 n Enforcement data protection n Appendix B — Open seasons n Waste n Broadcasting n Appendix C — Licences n Marine Development and Coastal Law n The Human Rights Act 1998 n Official secrets Colin Reid is a Professor at the University of n The internet Dundee. 2007 Rosalind McInnes is a Solicitor for 978 0 414 01699 6 BBC Scotland. Looseleaf 2009 £223.00 978 0 414 01695 8 Hardback 2010 £56.00 978 0 414 01621 7 Paperback £29.00 W_Green_catalogue_2011:Layout 1 09/03/2011 11:28 Page 39

EUROPEAN AND EU | EVIDENCE 39

EUROPEAN UNION COMMISSION EVIDENCE 4th Edition AND DILIGENCE SULI LAWBASICS GREENS PRACTICE LIBRARY Professor Fraser P. Davidson Alan S. Reid Archibald MacSporran and Andrew Young Fraser Davidson’s new title on Evidence fill EU LawBasics 4th Edition provides students an important gap in the SULI series and will with an easy to use study and revision guide “The authors, both advocates, have be used by academics, lawyers and the which covers the most important elements combined their wealth of practical judiciary both in the UK and abroad, of EU law. With LawBasics, there is no experience and academic knowledge to ensuring its status as the leading authority longer the need to rely on a combination of produce this most helpful addition to in this area. scribbles and photocopies to make sense of Scottish legal literature. Serious civil and the previous term’s work. criminal practitioners will add it to their The first full treatment of evidence in libraries.” Scotland to be published in a large EU LawBasics is an ideal study guide for any Journal of the Law Society number of years, this book is extremely course covering the areas of law and policy detailed, paying full regard to the human dealt with by the European Union. This excellent work provides a rights dimension of the subject. Evidence comprehensive treatment of commission deals with the subject matter in some The 4th edition will take into account the and diligence, both for the recovery of considerable depth, along with related Treaty of Lisbon and includes new chapters documents and the taking of evidence. It points of procedure, such as the on: sets out the procedures to be followed from examination of the rules on the n The Area of Freedom, Security and the preparation of the specification of interpretation of documents and some Justice documents through to the execution of the consideration of areas such as the n Citizenship and Free Movement of commission. Various alternatives to admissibility of evidence obtained under People. commission and diligence procedure are also hypnosis. considered in detail. Essential coverage is provided on: Significant detail is provided on the facts n The general principles While the text is principally concerned with of relevant cases as well as numerous n Key cases Court of Session and sheriff court quotations from authoritative sources, n Important statutes procedures, separate chapters also deal with particularly case law, allowing the reader to the procedure to be followed in other courts pinpoint relevant sources easily and with Contents: and tribunals. precision. n From Community to Union n Sources of information Contents: Contents: n Sources of law n Detailed discussion of the case law on n Introduction (History, Purpose and Basic n Institutions of the European Union s.1 of the Administration of Justice Concepts of Evidence) n European law and national law (Scotland) Act 1972 n What must be proved and what need n Judicial review n Confidentiality not be proved n Preliminary rulings n Public interest privilege n The Burden of Proof n The Area of Freedom, Security and n Documents prepared post litem motam n The Standard of Proof Justice n Letters of request, affidavits and n Real Evidence n Citizenship and free movement of video-link evidence n Documentary Evidence people n Court of Session Rules 1994 n The Conduct of a Proof or Trial n Free movement of goods n Sheriff Court Rules 1993 n The Competence and Compellability of n Freedom of services Witnesses n Competition law and policy The book includes styles and appendices n Improperly Obtained Evidence providing you with a comprehensive n Opinion Alan S. Reid is a Lecturer in Law at Napier sourcebook. n The Rule against Hearsay and its University Exceptions Archibald MacSporran is an Advocate n Privilege n Public Interest Immunity 2010 Andrew Young is an Advocate n Sufficiency 978 0 414 01790 0 n Appeals Paperback Professor Fraser P. Davidson is a Professor of £12.50 1995 Law and Head of School at the University of 978 0 414 01067 3 Stirling. Hardback £194.40 Published under the auspices of the Scottish Universities Law Institute

2007 9780 414 01471 8 Hardback £198.00 W_Green_catalogue_2011:Layout 1 09/03/2011 11:28 Page 40

EVIDENCE 40 NEW EDITION

EVIDENCE: CASES AND EVIDENCE — PRINCIPLES, EVIDENCE MATERIALS POLICY AND PRACTICE 3rd Edition 3rd Edition GREENS CONCISE SCOTS LAW LAWBASICS Derek Auchie Fiona Raitt Derek Auchie

This 3rd edition is the first update to this This text builds upon earlier editions of Evidence LawBasics, 3rd Edition presents title since 2002 and is an expansive Evidence in the Greens Concise Scots Law students with a fully updated, compact and collection of extracts from cases, statutes, series but is a new textbook offering a fresh concise textbook. This title complements subordinate legislation and articles relating approach to the law of evidence. It focuses course texts and acts as a highly useful exam to the law of evidence, linked together by on how the key features of the adversarial revision aid, putting an end to the tendency detailed commentary. Where possible, the system influence the way that evidence is to rely on scribbled notes and photocopies. primary materials draw links and gathered, assessed and used in the civil and comparisons across the topics covered. criminal courts. This title provides an indispensable guide for any Scots law student of evidence, Contents include: Evidence — Principles, Policy and Practice accurately covering all the necessary topics n Relevance takes account of the growing body of law for a fundamental understanding of the law n The burden of proof from the European Court of Human Rights, of evidence as it stands in Scotland. n Presumptions considers the particular impact this has had n The standard of proof on our adversarial system of justice, and Contents include: n Sufficiency of evidence anticipates areas of future development and n Judicial knowledge n The best evidence rule law reform. n Opinion evidence n Hearsay n The burden and standard of proof n Evidence improperly obtained Case law and statutory provisions are n Sufficiency n Collateral and character evidence discussed to illustrate principles, as well as to n Admissibility n Opinion evidence present strategies and arguments and to n Witnesses n Judicial knowledge, arguments and identify the scope for reform. The text is n Presumptions admissions designed to meet the needs of both law n Privilege n Confidentiality, privilege and the students and legal practitioners. recovery of evidence Derek Auchie is a Lecturer in Law at The n Some specialities of civil evidence Contents: Robert Gordon University, Aberdeen and is a n Witnesses—Some specialities The adversarial system qualified solicitor. n Appeals n Oral testimony; fact construction; n Expert evidence judicial discretion; impact of ECHR n Corroboration jurisprudence 2008 n Disclosure obligation on the Crown n Concepts of evidence: relevancy; 978 0 414 01715 3 n Vulnerable witnesses admissibility and exclusionary rules; Paperback n A suspect's right to a lawyer during sufficiency and corroboration £12.50 questioning The role and status of witnesses n Sexual history evidence n Witnesses: competence and compellability; credit and cross- Derek Auchie is a Senior Lecturer at Robert examination; reliability and weight Gordon University and author of Evidence n Children and other vulnerable witnesses LawBasics. n Expert witnesses and opinion evidence The process of proof n Proof: burdens of proof, standard of 2011 proof, presumptions and judicial 978 0 414 01617 0 knowledge Paperback n Corroboration: Moorov doctrine / c£42.00 distress n Conduct of the proof or trial The exclusionary rules n Improperly obtained evidence: confessions and goods n Character, including sexual history evidence n Hearsay n Privilege, including•legal professional privilege and public interest immunity

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

2008 978 0 414 01588 3 Paperback £36.00 W_Green_catalogue_2011:Layout 1 09/03/2011 11:28 Page 41

FAMILY AND SOCIAL WELFARE 41

ADOPTION OF CHILDREN IN ANTISOCIAL BEHAVIOUR CHILDREN SCOTLAND LEGISLATION (SCOTLAND) ACT 1995 4th Edition GREENS ESSENTIAL LEGISLATION 2nd Edition Peter G. B. McNeill and Morag Jack Tom Guthrie GREENS ANNOTATED ACTS Professor Kenneth McK. Norrie

The Adoption and Children (Scotland) Act Antisocial Behaviour Legislation is an 2007 modernises, improves and extends the invaluable portable reference guide to the “The annotations are full, lucid and system of adoption in Scotland. In response law relating to antisocial behaviour for legal remarkably readable. ... and Professor Norrie to this important new Act, Peter McNeill and practitioners, local authorities, social is to be commended on doing such a fine Morag Jack have prepared a 4th edition of workers, housing associations and any job.” the Adoption of Children in Scotland, taking individual with involvement in this growing Journal of the Law Society — into account the following key legal area. of previous edition developments: In recent years local authorities have been This highly regarded and established text n The classes of persons who may adopt under increasing pressure to issue antisocial has been fully revised and updated to take including joint adoption by unmarried behaviour orders, in an attempt to combat account of the implementation of the Act in couples nuisance behaviour. As a result, the practice, statutory developments, and n The introduction of new permanence Antisocial Behaviour etc. (Scotland) Act 2004 judicial and academic comment on the Act's orders for children who cannot live with has received a high level of publicity of late. operation. It examines the impact of all their families The Act is also changing the way a number amending legislation including the n The repeal of freeing orders of other agencies tackle such issues. Regulation of Care (Scotland) Act 2001, and the Human Rights Act 1998 and looks at As well as analysing the provisions of the This title contains full text of the Antisocial how the Children (Scotland) Act 1995 has 2007 Act, the authors provide guidance on Behaviour etc. (Scotland) Act 2004, with established itself in practice. the application of the new court procedure annotations by an acknowledged expert, rules in both the Court of Session and the and is accompanied by selected relevant Contents: sheriff court. The new timetable for Scottish Statutory Instruments, providing all n Court orders, including residence and adoption procedure is designed to obviate the information you need in one place. contact orders delays. Antisocial Behaviour Legislation is the only n The law of guardianship reshaped and text of its kind in Scotland to provide an clarified Contents include: authoritative look at the law relating to this n Local authority duties specified n Adoption subject. n Child protection orders and their review n Who may adopt mechanisms n The child Contents: n Exclusion orders and assessment orders n Placement of a child for adoption The Act n Local authority parental rights n Petition for adoption n Antisocial Behaviour etc. (Scotland) Act resolutions replaced with court process n Permanence order 2004 with annotations and parental responsibility orders n Curator ad litem and reporting officer n Reports Scottish Statutory Instruments Professor Kenneth McK. Norrie is a Professor n Petitions: Procedure n Rules of Procedure of Scots Law at the University of Strathclyde. n Opposed petitions n The Community Reparation Orders n Making the order; Registrar General (Requirements for Consultation and n Amendment and revocation Prescribed Activities) (Scotland) 2004 n Appeal Regulations 2005 978 0 414 01543 2 n Expenses n Antisocial Behaviour (Noise Control) Paperback n Appendix: Statute and Acts of Sederunt (Scotland) Regulations 2005 £48.00 n The Police (Retention and Disposal of Peter G. B. McNeill was formerly a sheriff of Motor Vehicles) (Scotland) Regulations 30 years in Glasgow and Edinburgh. 2005 n Antisocial Behaviour (Fixed Penalty Morag Jack is an Advocate. Notice) (Additional Information) (Scotland) Order 2005

2010 Tom Guthrie is a senior lecturer at the 978 0 414 01626 2 University of Glasgow. Hardback £55.00 2005 978 0 414 01627 9 Paperback £52.00 W_Green_catalogue_2011:Layout 1 09/03/2011 11:28 Page 42

FAMILY AND SOCIAL WELFARE 42

THE ART OF FAMILY LAW THE SCIENCE OF FAMILY LAW CHILD AND FAMILY LAW Skills for Successful Practice Tools for Successful Practice 2nd Edition Tom Ballantine and Anne Hall Dick Anne Hall Dick and Tom Ballantine Elaine E. Sutherland

The practice of family law now involves The rules surrounding court aspects of There have been enormous developments in much more than a simple knowledge of the family work are significantly different from policy, law and practice since the first edition substantive law and court work. With other civil actions and are in a constant state of Child and Family Law in 1999. The full increasing emphasis on negotiation and of flux. Keeping up to date with the law can implications of the Children (Scotland) Act mediation, lawyers need to be equipped be difficult and it is essential for lawyers to 1995 have been worked through and fresh with a range of problem-solving and people understand procedures and paperwork. approaches found for children in changing skills together with strategies to enable and troubled families. A broader range of them to practice effectively. Written in an This book provides family law practitioners adult relationships are now recognised by approachable, informal style, The Art of and those working in the area of family law the legal system, with implications not only Family Law explores and examines the with a comprehensive and extremely for the formation and consequences of various skills needed by family lawyers. It practical guide to approaching drafting and these relationships, but also for what looks at successful ways of advising clients, court work. happens on breakdown. taking into account the emotional, legal and practical aspects that affect this sensitive Contents: This is a comprehensive and authoritative area of the law. n Equipment — key statutes; forms; text designed to assist practitioners, students technology and scholars with this increasingly complex The skills described in The Art of Family Law n Information gathering and giving — area of law. will help ensure a successful outcome to interview sheets; file layout; schedules; every client interaction. letters of engagement; chronology Full account is taken of statutory n Separation agreements and notes developments including the Adoption and Contents: n Initial writs — divorce and ancillary Children (Scotland) Act, the Antisocial n People skills orders; protective remedies; section 11 Behaviour etc. (Scotland) Act 2004, the Civil n Effective communication orders Partnership Act 2004, the Family Law n The initial meeting n Interim hearings and interim steps — (Scotland) Act 2006, the Gender Recognition n Methods of dispute resolution affidavits; motions and minutes; steps to Act 2004, the Protection of Children n Creating choice force disclosure (Scotland) Act 2003, the Protection of n Analytical skills n Child welfare hearings Children and Prevention of Sexual Offences n Children n Options hearings (Scotland) Act 2005 and the Vulnerable n Mediation n Debate Witnesses (Scotland) Act 2005. n Managing a family law team n Proof n Difficult clients and your survival n Legal aid Contents include: n Appendix of court styles n The Functions of Child and Family Law Tom Ballantine is a Mediator and specialist and the Role of the State in family law accredited by the Law Society Anne Hall Dick is a Mediator and specialist in n Natural Legal Personality and Status of Scotland. family law accredited by the Law Society of n Children’s Rights Scotland. n Children, Parents and Other Family Anne Hall Dick is a Mediator and specialist in Members family law accredited by the Law Society of Tom Ballantine is a Mediator and specialist n Adoption Scotland. in family law accredited by the Law Society n Parental Responsibilities and Rights: of Scotland. Definitions and Acquisition n Children and Families in Operation 2001 n Financial Support for Children 978 0 414 01371 1 2001 n Child Protection Paperback 978 0 414 01370 4 n The Children’s Hearings System £34.00 Paperback n Intimate Adult Relationships £66.00 n The Family Home n How Intimate Adult Relationships Terminate n Terminating Intimate Adult Relationships: The Consequences

Elaine E. Sutherland is Professor of Child and Family Law at Stirling University and a Professor at Lewis and Clark Law School, Portland, Oregon. She is a noted expert in child and family law and has published extensively on this subject.

2008 978 0 414 01630 9 Hardback £154.00 W_Green_catalogue_2011:Layout 1 09/03/2011 11:28 Page 43

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CHILD CENTRED CHILDREN’S CHILD ABUSE, CHILD FAMILY LAW PRACTICE HEARINGS IN SCOTLAND PROTECTION AND THE LAW Alison Cleland and Anne Hall Dick 2nd Edition Alison Cleland Professor Kenneth McK. Norrie

A practical guide to dealing with children Child Abuse, Child Protection and the Law is involved in family law disputes and advising The children’s hearing system is unique to the first Scottish text to analyse the law children as clients. Children can and do Scotland and is governed by statute and relating to child abuse in terms of appoint their own solicitors for matters statutory instrument. The Children prevention, protection and proactivity. regarding family law, education and (Scotland) Act 1995 and regulations made Providing the broadest possible coverage of welfare. Given the increasing awareness of, under it radically reform the system, this subject, the author offers detailed and emphasis on children’s rights through changing procedures to be followed by guidance on both the civil and criminal law the enforcement of the Children (Scotland) reporters, panel members and lawyers mechanisms relating to the protection of Act 1995 and particularly with the involved in appeals. children and the prosecution of sexual introduction of the Human Rights Act 1998, offences. The author also discusses the policy this trend is likely to continue. This updated edition provides a practical behind the law, as well as looking at guide to the whole process from initial preventative measures and the interface of This book sets out, in an accessible way, investigation through determination by the the child protection and criminal justice practical steps to promote child-centred hearing to termination of any supervision mechanisms. practice e.g. during litigation, with an requirement. emphasis on court procedures, drafting This book will be essential reading for letters, styles, interviews and the role of the Full account is taken of the new legislation criminal and family lawyers, social workers, curators. and regulations, together with the medical practitioners, police and youth substantial body of case law which has been workers. Contents: built up since the inception of the original n Child development system in 1971. Contents: n Children’s reaction to parental n Legal Recognition and Definitions of separation Contents: Child Abuse n Advising adults on children’s needs n Personnel of the system n The Modern Child Protection Processes n The process of mediation n Pre-hearing investigations n Data Protection, Disclosure of n Child-centred practice in litigation n Grounds for referral Information and Confidentiality n The role of the curator/reporter; child n Procedures at the hearing n Offences against Children and Young clients n Referrals to the Sheriff People n Consideration and disposal of the case n Consequences of Prosecution and Alison Cleland is a Lecturer in Law at the n Supervision requirements Conviction University of Auckland. n Advice and remit hearings n Civil Law Mechanisms for Protection n Reviews and supervision requirements n Consequences of Civil Law Mechanisms Anne Hall Dick is a Mediator and specialist in n Warrants n Prevention or Proactivity? The Way family law accredited by the Law Society of n Appeals Forward Scotland. n Emergency protection of children Alison Cleland is a Lecturer in Law at the Professor Kenneth McK. Norrie is a Professor University of Auckland. 2001 of Scots Law at the University of Strathclyde. 978 0 414 01388 9 Paperback 2008 £41.00 2005 9780 414 01607 1 978 0 414 01587 6 Paperback Paperback £46.00 £69.00 W_Green_catalogue_2011:Layout 1 09/03/2011 11:28 Page 44

FAMILY AND SOCIAL WELFARE 44 NEW EDITION NEW TITLE

CHILDREN’S COHABITATION DOMESTIC ABUSE AND RIGHTS IN SCOTLAND 2nd Edition SCOTS LAW 3rd Edition Fiona Kendall, Kirsty Malcolm and General Editor: Helen Hughes Alison Cleland and Dorothy Kellas Elaine E. Sutherland Focusing on law and styles, this is a highly This multi-author book has been written by practical guide for dealing with the issues a combination of professionals and Children’s rights is a concept which has surrounding cohabitation. academics all regarded as experts in their finally become an accepted part of the legal particular fields. The aim of the book is to landscape. How Scottish law approaches Cohabitation deals with the practical provide a comprehensive and practical guide issues involving children is of increasing implications of such a relationship, covering on all aspects of Scots Law in relation to importance for lawyers and those working property, cohabitation agreements, private domestic abuse. Designed to be accessible to with children. client issues, delict and pensions solicitors, advisers and all those seeking implications. information and guidance in cases of This book addresses the law and practice in domestic abuse. Scotland and its significance for children, Preventative measures for clients parents and their legal, and other, advisers. As well as covering the law as it relates to Children’s Rights in Scotland analyses child transferring property, setting up pension domestic abuse and the obtaining of law in the light of international conventions plans, dealing with taxation etc are and, in particular, The European Convention discussed as are remedies for when the protective orders this title also provides on Human Rights and the United Nations relationship breaks down including practical information and guidance in Convention on the Rights of the Child. unjustified enrichment. relation to other areas of the law that come into play in domestic abuse cases such as: The 3rd edition has been comprehensively Cohabitants’ rights and interests in relation revised to take into account recent to third parties such as pensions providers n criminal procedures development and new chapters have been and Benefits Agency are also considered. n criminal injuries compensation added to cover immigration and asylum, the n the role of the Children’s Hearing system protection of children from sexual Contents: n the impact of domestic abuse from a exploitation and children and the media. n Part 1 — Rights and responsibilities psychological point of view Contents: between cohabitants n what the media can and cannot report n Children’s rights in Scotland — where n Part 2 — Children n information in connection with are we? n Part 3 — Rights and obligations between Government response and strategies in n The history and philosophy of children’s cohabitees and third parties domestic abuse cases. rights in Scotland n Part 4 — Comparison with other legal n Children’s rights and international systems and Proposed reforms Helen Hughes is a partner with McAuley, instruments McCarthy & Co Solicitors and is past Chair of n Equal opportunities? Race, gender, Appendices: the Family Law Association. disability and children n Style clauses for cohabitation n The child’s identity agreements dealing specifically with Paul Brown is Principal Solicitor and Chief n Care of the child within the family children and property issues. Executive of the Legal Services Agency. n Child abduction n Style writs: unjustified enrichment, Clare Connelly is a Senior Lecturer at the n The child’s right to care and protection division or sale, action for delivery and University of Glasgow law School. n Adoption damages, specific Implement. n The child’s right to be heard and Margaret Hughes is a Senior Lecturer in represented in legal proceedings Fiona Kendall, Kirsty Malcolm and Dorothy Journalism at the University of the West of n Medical treatment Kellas are all solicitors. Scotland. n The child’s right to education n The school of hard knocks: employment of children Paul Lynch is a Partner with Tod & Mitchell n Protection from sexual exploitation 2011 Criminal Defence Solicitors. n The child and the media 978 0 414 01826 6 n Asylum and Immigration Hardback + CD-ROM Professor Kenneth Norrie is Professor of Law n The child in conflict with the law c.£75.00 + £3.75 VAT = £78.75 and Head of School at the University of Strathclyde. Appendices: n European Convention on human rights Dr Mairead Tagg is a psychologist and n Convention on the rights of the child specialist in domestic abuse. n UK reservation and declaration

Alison Cleland is a Lecturer in Law at the University of Auckland. 2011 Elaine E. Sutherland is Professor of Child and 978 0 414 01788 7 Family Law at the University of Stirling and a Hardback Professor at Lewis and Clark Law School, c.£60.00 Portland, Oregon. She is a noted expert in child and family law and has published extensively on this subject.

2009 978 0 414 01590 6 Paperback £47.00 W_Green_catalogue_2011:Layout 1 09/03/2011 11:28 Page 45

FAMILY AND SOCIAL WELFARE 45

FAMILY FAMILY LAW FAMILY LAW REFORM 2nd Edition 2nd Edition GREENS ESSENTIAL LEGISLATION LAWBASICS GREENS CONCISE SCOTS LAW Professor Joe Thomson Elaine E. Sutherland Lilian Edwards and Anne Griffiths

This title contains the full text of the new Generations of students have had to rely on An excellent new edition in the Greens Family Law (Scotland) Act 2005 with detailed a combination of scribbles and photocopies Concise Scots Law series, giving practical and annotations by an acknowledged expert, it as their sole ally when attempting to make authoritative analysis on this key area of also includes the full Matrimonial Homes sense of the previous terms’ work. No more. Scots law. (Family Protection) (Scotland) Act 1981 and Inside each LawBasics title you will find the Family Law (Scotland) Act 1985 as information on the general principles, the This title takes account of all important amended, the Scottish section of the Civil key cases and the important statutes, legislation including recent changes such as Partnerships Act 2004 and selected sections supplemented with model answers to civil partnerships and the Family Law of other amended legislation. specimen examination questions. (Scotland) Bill. This title is an essential purchase for family Family LawBasics, 2nd Edition provides Contents: law and private client practitioners, assisting students of all disciplines, legal and related, n Personality them to keep up to date with the most with the ideal introduction to the n Who is parent? comprehensive change in family law in operations and workings of family law in n Rights of the child recent years and to understand its effect on Scotland. This excellent pre-examination n Legal capacity of the child existing legislation. guide approaches the subject in a clear and n Relationship between children and uncomplicated fashion and contains all the parents Contents: necessary information required to guide the n Relationship between children and The Full Act user towards the development of a basic non-parents n Family Law (Scotland) Act 2005 with understanding of the subject. n Child into adult — reaching 16 annotations n Legal aspects of adult relationships n Family Law (Scotland) Act 1985 Coverage includes: n Breakdown of relationships n Matrimonial Homes (Family Protection) n Natural legal personality n Death (Scotland) Act 1981 n Children, parents and other n State intervention family members The Scottish Section n Adoption Anne Griffiths is a Professor of Law at the n Civil Partnerships Act 2004 n Parental responsibilities and rights University of Edinburgh. n Child protection The Major Amended Sections from n The Children’s Hearing System Lilian Edwards is a Professor of Law at the n Adults with Incapacity (Scotland) Act n Getting into Intimate Adult University of Southampton. 2002 Relationships n Protection from Abuse (Scotland) Act n The Consequences of Intimate Adult 2001 Relationships 2006 n Children (Scotland) Act 1995 n Divorce and Civil Partnership Dissolution 978 0 414 01395 7 n Law Reform (Parent and Child) n The Consequences of Terminating Paperback (Scotland) Act 1986 Intimate Adult Relationships £41.00 n Administration of Justice (Scotland) Act 1982 Elaine E. Sutherland is Professor of Child and n Land Registration (Scotland) Act 1979 Family Law at Stirling University and a n Marriage (Scotland) Act 1977 Professor at Lewis and Clark Law School, n Divorce (Scotland) Act 1976 Portland, Oregon. She is a noted expert in n Damages (Scotland) Act 1976 child and family law and has published n Children (Scotland) Act 1975 extensively on this subject. n Domicile and Matrimonial Proceedings (Scotland) Act 1973 n Sheriff Courts (Scotland) Act 1907 2008 978 0 414 01579 1 Joe Thomson was formerly a Scottish Law Paperback Commissioner and Regius Professor of Law £12.50 at the University of Glasgow.

2006 978 0 414 01659 0 Paperback £49.00 W_Green_catalogue_2011:Layout 1 09/03/2011 11:28 Page 46

FAMILY AND SOCIAL WELFARE 46

GREENS GREENS THE LAW OF HUSBAND FAMILY LAW BULLETIN FAMILY LAW REPORTS AND WIFE IN SCOTLAND 6 issues a year 6 issues a year 4th Edition Editors: David Nichols Editor: Janys M. Scott QC SULI and Andrew T. F. Gibb Eric M. Clive

“The vast increase in decisions, both from “The bulletin goes much further than the sheriff court and the Court of Session on “Time and again, lawyers will turn to this correlating information contained in other matters relating to family law (in the broad book to find the answers to any legal legal periodicals. The articles that have sense) make the appearance of a specialist question which involves spouses.” appeared to date have been topical, highly set of reports both timely and welcome. J. M. Thomson, Journal of the Law Society informed and informative, but short and The publishers and editors are to be (Review of the Third Edition) quickly read. The bright and brief format congratulated for producing a series of and bimonthly arrival combine to make this reports which may well become the The fourth edition updates this authoritative a welcome publication for the busy family automatic port of first call for anyone who work to take account of developments practices or studies what is, and i lawyer.” s likely to including new procedures for divorce by remain, a fast-moving area of the law.” Margaret Ross, Journal of the Law Society family action in the sheriff court and Court Professor Kenneth McKenzie Norrie, of Session, the treatment of pensions on University of Strathclyde. What Greens Family Law Bulletin can do for divorce and orders for child residence and you: Greens Family Law Reports is a specialist contact. n Examines, explores and offers opinion publication dedicated to the speedy on all recent case law developments reporting of family law cases from the Contents: n Publishes in six issues per year to allow sheriff court, Court of Session and where n Development of the law for the speedy development of an appropriate, the House of Lords and Europe. n Formation of marriage up-to-date and detailed information n With six issues a year, reports are n Legal effects of marriage system prepared quickly and will often appear n Termination of marriage n Lets you have you the information you before any other law reporting service need, when you need it n Previously unreported cases are reported Eric M. Clive is a former member of the n Gives regular updates on developments for the first time Scottish Law Commission. and new legislation n Reports deal with key points for family n Contains all the relevant facts and lawyers information in one easily referenced n Editors’ notes highlight issues of Published under the auspices of the Scottish source significance Universities Law Institute n Provides you with quick and easy access Areas covered include: to legislation and information n Adoption n Does the reading for you, thus negating n Matrimonial home 1997 the need for extensive cross-referencing n Residence orders 978 0 414 01153 3 n Saves you valuable time n Contact Hardback n Divorce £145.00 Recent coverage includes: n Children’s hearings n Ten tips for financial provision in a n Child abduction recession n Parental responsibilities and parental n Cohabitants’ s.29 claims where there is rights no executor n Child support n Child abduction: A new interpretation? n Aliment n Act in haste/love — Repent at cost! n Human rights n The new cohabitation rules: A study of n Financial provision legal practitioners’ perspectives n Education law n Foreign custody order Dr David Nichols teaches part-time at the Janys M. Scott QC author of Education Law School of Law, University of Edinburgh. in Scotland (W. Green, 2003), and contributor to the Family Law and Education Andrew T. F. Gibb is a Partner at Balfour and Law sections of Green’s Human Rights Manson. Service, is an Advocate and part-time Sheriff. She is Chairman of the BAAF Scottish Legal Group and Joint Vice-Chair of the Advocates’ 0967-2524 Child and Family Law Group. 2011 Annual Subscription Price: £256.00

1367-6644 2011 Annual Subscription Price: £305.00 W_Green_catalogue_2011:Layout 1 09/03/2011 11:28 Page 47

FAMILY AND SOCIAL WELFARE 47

THE LAW RELATING FINANCIAL PROVISION SCOTTISH FAMILY TO PARENT AND CHILD IN ON DIVORCE AND LAW LEGISLATION SCOTLAND DISSOLUTION OF CIVIL Regular Updates 2nd Edition PARTNERSHIPS George Jamieson SULI Alan Bayley A. B. Wilkinson and Professor Kenneth McK. Norrie Family law in Scotland has undergone This new title is the essential, fingertip guide extensive revision in recent years. This to all major financial provisions on divorce, looseleaf encyclopedia provides detailed comprising extracts from authorities on the guidance on family law with learned “Practitioners will not want to be without annotation to the primary legislation. this definitive modern statement of a most subject with examples of how it operates in practice. important subject.” Scottish Law Gazette Scottish Family Law Legislation will ensure Financial Provisions on Divorce is a that family law professionals can be This second edition of the definitive confident that every commencement, practitioner text on the law relating to convenient and practical text, easy to use and includes reference to pertinent quotes amendment, insertion, deletion and repeal parent and child in Scotland has been fully has been taken into account. restructured to take account of the changes from the key authorities, linked to the relevant case law. introduced in the Children (Scotland) Act Contents: 1995. This text looks at all the new legislation in Presented in divisional format, the contents this area and covers the increasingly are extensive and include: Thoroughly revised and updated in all n Maintenance Orders (Reciprocal aspects, this edition also includes a new important topic of pension sharing. With everything you need for advising clients in Enforcement) Act 1972 chapter on child support by Professor Peter n Civil Jurisdiction and Judgments Act Robson. one place, this title is extremely helpful and saves valuable time spent on detailed 1982 n Family Law (Scotland) Act 1986 Contents: research. n Children (Scotland) Act 1995 n Ante-natal issues Contents: n Civil Partnership Act 2004 n Constitution of the parent-child n Changes brought in by the Family Law relationship Introduction An Overview of Financial Provisions (Scotland) Act 2006 n Adoption of children n Adoption and Children (Scotland) Act Section 8 — The Orders n Surrogacy and parental orders 2007 n Orders for Payment of a Capital Sum n Guardianship n Child Maintenance and Other Payments n Transfer of Property Orders n Parental responsibilities and parental Act 2008 n Periodical Allowance rights n Procedural Rules n Pension Lump Sums n Court orders, international aspects n Other Statutory Instruments n Pension Sharing Orders n Education of children n International Instruments n Incidental Orders n Aliment and child support n EU Regulations n Capacity and legal representation of Section 9 — The Principles n Acts of Court/Practice Notes children n Fair Sharing of Matrimonial Property n Official Guidance and Directions n Local authority care of children n Fair Account of Economic Advantages n Transference to local authority of and Disadvantages George Jamieson is a Sheriff at Dumfries parental rights and responsibilities n Sharing the Future Child Care Burden and Galloway Sheriff Court. n Fostering, residential and temporary n Adjustment to Loss of Support care of children n Serious Financial Hardship n Children’s hearings n Conduct 978 0 414 01216 5 n Interim protection of children “Special Circumstances” 2 Volume Looseleaf n The terms of any agreement between £547.00 A. B. Wilkinson is a former Professor of Scots the parties Updating releases charged for on Law at the University of Strathclyde. n The source of funds or assets publication n Destruction, Dissipation or Alienation Professor Kenneth McK. Norrie is a Professor n The Nature and Use of Property of Scots Law at the University of Strathclyde. n Liability for Expense of Valuation or Transfer n Other special circumstances Published under the auspices of the Scottish n Interim Aliment Universities Law Institute n Orders for Provision of Details of Resources n Orders made after Divorce 1999 978 0 414 01251 6 Alan Bayley is a partner at Stodarts solicitors Hardback and a tutor on the Diploma in Legal Practice £145.00 at Glasgow University.

2008 978 0 414 01629 3 Hardback £62.00 W_Green_catalogue_2011:Layout 1 09/03/2011 11:28 Page 48

FAMILY AND SOCIAL WELFARE | GENERAL AND REFERENCE 48

SCOTTISH SOCIAL SOCIAL WORK LAW UNDERSTANDING SCOTS LAW WORK LEGISLATION IN SCOTLAND An Introduction to Scots Law, Procedure and Regular Updates 2nd Edition Legal Skills General Editor: Lisa Gibbons-Wood Christina Ashton et al

“Dynamic development nevertheless contains major milestones, and sometimes This is the eagerly awaited second edition of Understanding Scots Law is a historic ones which become reference points a well loved, successful title. Social Work comprehensive yet accessible title, for the future. The publication of this book Law in Scotland is designed for use by specifically designed to generate knowledge is such a milestone.” students on social work degrees as well as and understanding of the Scottish legal Adrian D. Ward those in the profession and has been system. updated to take into account important The practice of social work in Scotland legislative changes, including: A team of highly skilled contributors have requires an ever greater awareness of how n Community Care and Health (Scotland) examined all significant areas of Scots Law, the law operates in practice. Scottish Social Act 2002 with detailed explanation provided Work Legislation sets out the various n Mental Health (Care and Treatment) throughout the text. primary and secondary legislation by subject (Scotland) Act 2003 area and provides social workers and their n Civil Partnerships Act 2004 The subject areas closely reflect material legal advisers with a comprehensive working n Antisocial Behaviour etc. (Scotland) Act taught on BA Law (or equivalent) and statement of the law. Annotated with the 2004 HND/C Legal Services qualifications, making non-legally qualified social worker in mind. n Education (Additional Support for this an ideal introductory guide for Scots Learning) (Scotland) Act 2004 Law students. Contents: n Management of Offenders (Scotland) n Division A: Introduction Act 2005 User friendly with five main parts: n Division B: Adoption and fostering n Family Law (Scotland) Act 2006 Introduction to the Scottish Legal System n Division C: Children and child care n Custodial Sentences and Weapons n Sources of Scots law n Division D: Chronic sickness and disability (Scotland) Act 2007 n Structure of the legal system n Division E: Community care n Division F: Education Contents: Public Law n Division G: Housing n Social Work Law and the Social Worker n Constitutional Law n Division H: Mental health n The Scottish Legal Framework n EU dimension to the Scottish legal n Division Ha: Adults with incapacity n Parents, Children and Family system n Division I: Offenders Relationships n Human rights n Division J: Miscellaneous n Care and Protection of Children n Criminal Law n Education Law Recent additions include: n Law Relating to Vulnerable Adults Scots Private Law n A fully updated Division A, Introduction n Community Care n Contract n Updated annotations to the Mental n Criminal Justice and ASBOs n Consumer Law Health (Care and Treatment) (Scotland) n Housing, Benefits and Debt n Employment Act 2003 n Equalities and Human Rights n Commercial Law n The Sexual Offences (Scotland) Act 2009 n Refugee Law n Delict with a General Note and Introduction n Property n The fully annotated Act of Sederunt With contributions from: n Trusts (Sheriff Court Rules Amendment) Craig Anderson, Diego Quiroz-Onate, n Succession (Adoption and Children (Scotland) Act Jennifer Richmond, Laura Sharp, n Family 2007) 2009 Alison Stuart and Linda Taylor n The relevant annotated sections of the Procedure Rent (Scotland) Act 1984 n Civil litigation n The relevant sections of the Protection 2008 n Criminal procedure of Vulnerable Groups (Scotland) Act 978 0 414 01448 0 2007, along with an Introductory Note Paperback Skills £33.00 n Legal skills

978 0 414 01209 7 3 Volume Looseleaf 2007 £605.00 978 0 414 01691 0 Updating releases charged for on Paperback publication £31.00 W_Green_catalogue_2011:Layout 1 09/03/2011 11:28 Page 49

GENERAL AND REFERENCE 49

GLOAG & HENDERSON: GLOSSARY OF LEGAL TERMS 100 CASES THAT THE LAW OF SCOTLAND 5th Edition EVERY SCOTS LAW STUDENT 12th Edition LAWBASICS NEEDS TO KNOW General Editors: Stephen R. O’Rourke 2nd Edition The Hon. Lord Coulsfield and LAWBASICS Professor Hector MacQueen General Editor: Assistant Editors: David L. Carey Miller, “An extremely valuable vade mecum for the Professor Kenneth McK. Norrie Laura J. Dunlop QC, W. C. H. Ervine, Nicholas tyro”. William J. Stewart of the Third Edition Grier, David Nichols and Morag B. Wise QC by A. G. M. Duncan, Scots Law Times

The Glossary of Legal Terms LawBasics, 5th Fully updated in line with current law this popular title is designed as a learning aid “It says much for the place of honour Edition is an essential reference guide, with straight-forward, precise definitions. and written in an informal style. The book is occupied by this work in the repository of an exposition of 100 of the major cases, Scots Law that it will, no doubt for which have either created or illustrate well, generations to come, continue to be known A popular resource for students since it’s first publication in 1946, Stephen O’Rourke’s the legal system as we know it today. The simply as G&H”. cases have been chosen primarily for David Field, Scottish Law Gazette fifth edition, published in the popular LawBasics series, brings the glossary fully up illustrating important points of law in a large variety of legal disciplines. After 80 years in print, this publication is still to date. As well as definitions of terms used in today’s legal practice, you will also find referred to as ‘the’ work of reference on the Publishing in the LawBasics series this book law of Scotland. important explanations of words and maxims commonly found in older cases is a helpful easily digestible guide to the textbooks and legal manuscripts. development of case law in Scotland, from As with previous editions, legislative changes the Union of the Parliaments to Devolution. have affected many of the topics included within the text of Gloag & Henderson. This Essential coverage: n An A-Z of Scots law 100 Cases LawBasics is presented in a clear, new edition incorporates all relevant concise and accessible format. Written in n 1,500 key terms explained changes in the law since the last edition in chronological order, it can be read in that 2001. Unprecedented levels of legislation n Crisp, authoritative definitions of past and present legal terms order or dipped into for particular cases or have been passed since this time and are topics of interest. covered in the text, including: n A concise list of legal abbreviations and n Adoption and Children (Scotland) Act acronyms n Unrivalled and indispensable Contents: 2007 Listed below are just some of the 100 cases n Adult Support and Protection (Scotland) An invaluable tool for anyone involved or included: Act 2007 n Ghaidan v Mendoza n Bankruptcy and Diligence etc (Scotland) interested in legal matters in Scotland, including: n Hedley Byrne & Co. v Heller & Partners Act 2007 n Osman v UK n Crofting Reform etc. Act 2007 n Students, practitioners, paralegals and legal secretaries n Salomon v Salomon & Co Ltd n Companies Act 2006 n Drury v HMA n Consumer Credit Act 2006 n Accountants, insurers, surveyors and bankers n Associated Provincial Picture Houses Ltd n Family Law (Scotland) Act 2006 v Wednesbury Corporation n Housing (Scotland) Act 2006 n Legal historians, archivists and n Civil Partnerships Act 2004 genealogists n CAB advisors and journalists Written by past and present staff at the n Agricultural Holdings (Scotland) Act 2003 University of Strathclyde Law School n Land Reform (Scotland) Act 2003 n Mental Health (Care and Treatment) Stephen R. O’Rourke is an Advocate. (Scotland) Act 2003 2010 n Title Conditions (Scotland) Act 2003 2009 978 0 414 01773 3 Paperback The Hon. Lord Coulsfield was a Judge in the 978 0 414 01753 5 £18.50 Court of Session and formerly sat on the Paperback Employment Appeal Tribunal. £12.50

Hector MacQueen is Professor of Private Law at the University of Edinburgh.

2007 978 0 414 01591 3 Hardback £210.00 W_Green_catalogue_2011:Layout 1 09/03/2011 11:28 Page 50

GENERAL AND REFERENCE 50

SCOTS LAW TIMES GREENS WEEKLY DIGEST FULL SERVICE 40 issues a year Comprising weekly paper parts plus a n Paper Service: 40 paper parts + two monthly DVD. bound volumes Greens Weekly Digest provides digests of all n Full Service: 12 DVDs + 40 paper parts ISSN 2000-CDPR judicial decisions received by W. Green, n DVD Service: 12 DVDs, issued monthly providing you with early information on the Law Firms — up to 20 Lawyers **1 latest developments in case law. Coverage Scots Law Times is the only law reporter £1,497.00 + £177.87 VAT = £1,674.87 includes decisions from: the Court of Session, containing coverage from every Scottish VAT*1 re DVD the High Court of Justiciary, the House of court, civil and criminal, from the sheriff Lords and Privy Council in Scottish Appeals, court to the House of Lords, in a single Public Corporate/Academic/Overseas — the Scottish Land Court and Lands Tribunal, service. up to 5 users**1 and the sheriff court. £1,313.00 + £143.64 VAT = £1,456.64 In addition to over 1,200 pages of law VAT*1 re DVD No other printed information service reports each year, Scots Law Times includes matches its performance for quality of a news section which contains topical Sole Practitioners content, breadth of coverage and speed of articles, reviews of the latest publications, £1,215.00 + £121.50 VAT = £1,336.50 delivery. court news, business changes and case VAT*1 re DVD commentaries. Greens Weekly Digest is the perfect companion to Scots Law Times, providing Scots Law Times is available through various DVD SERVICE advance notice of decisions of legal options — detailed below — to ensure you Comprising 12 monthly DVD releases per significance to be reported in full in Scots receive the best service to suit your needs. year. Law Times. It also provides a record of Current and new subscribers seeking further decisions not of sufficient precedent value to information on the options available to ISSN 2000-CDSE report in full, but which may be of interest them should contact their Direct Sales to practitioners who have cases similar on Executive or call Greens direct on 0131 225 Law Firms — up to 20 Lawyers **1 the facts or as instances of application of the 4879. £1,052.00 + £210.40 VAT = £1,262.40 VAT*2 law.

Scots Law Times reports back to 1893 are Public Corporate/Academic/Overseas — up to also available on Westlaw UK Scots Law. 5 users**1 Enhance Greens Weekly Digest by adding For further information go to £894.00 + £178.80 VAT = £1,072.80 VAT*2 the useful email option. Greens Weekly www.westlaw.co.uk or call 0800 028 2200. Digest subscribers can now add a handy Sole Practitioners email version to their paper subscription to £894.00 + £178.80 VAT = £1,072.80 VAT*2 receive the weekly issues, not only in the PAPER SERVICE standard paper format, but also via email, Comprising weekly parts and bound ensuring all staff can access the content of the latest issues directly from their desktop. volumes, consolidating issues published in IMPORTANT INFORMATION ON the year. ADDITIONAL CHARGES THAT MAY The email service includes hypertext links to APPLY all decisions on the Scottish Courts website, ISSN 0036-908X *1 VAT charged on digital portion of allowing for more in-depth research. £976.00 subscription rate *2 VAT charged on full rate For further information, please call: A 50% discount on this service is available to **1 An additional £35.00 + VAT charge will 0845 603 8346 students and lecturers. be made for each user above the stated amount STANDARD SUBSCRIPTION RATE: 2010 bound volume available to purchase £316.00 separately All New Subscribers — Law Firms/Public STANDARD RATE FOR Corporate/Academic/Overseas STUDENT/LECTURER: 2010 An initial, one-off charge of £435.00 + £158.00 978 0 414 01839 6 £76.13 VAT = £511.13 VAT*2 applies to DVD c.£455.00 options (Full Service or DVD Service) in ISSN: 0955-4491 addition to the relevant subscription rate. If you are interested in the savings available All New Subscribers — Sole Practitioner when combining Scots Law Times, Greens An initial, one-off charge of £311.00 + Weekly Digest with the Current Law Service, £54.43 VAT = £365.43 VAT*2 applies to DVD please refer to Greens Complete Periodical options (Full Service or DVD Service) in Service. addition to the relevant subscription rate. The dates on which both Scots Law Times “New Subscribers” refers to any subscriber and Greens Weekly Digest issues are due who did not subscribe to a Scots Law Times NOT to publish in 2011 are: DVD service in the preceding 12 months to 7, 14 January; 22, 29 April; 6 May; 29 July; starting their subscription. 5, 12 August; 16, 23 September; 23, 30 December. (These dates are correct at the time of printing though may be subject to change without prior notice, due to unforeseen circumstances.) W_Green_catalogue_2011:Layout 1 09/03/2011 11:28 Page 51

GENERAL AND REFERENCE 51

GREENS COMPLETE PARLIAMENT HOUSE BOOK JURIDICAL REVIEW PERIODICAL SERVICE REGULAR UPDATES The Law Journal of the Scottish Universities COMPRISING SCOTS LAW TIMES, 4 issues a year GREENS WEEKLY DIGEST AND Editor: Professor Joe Thomson CURRENT LAW A AND SCOTLAND Six looseleaf volumes which are (Full Service) indispensable to the Scottish legal profession, comprehensively updated five The Juridical Review is Scotland's leading times per year. refereed law journal. It is an invaluable SCOTS LAW TIMES reference for academics and practitioners The weekly publication for the Scottish Provides, in amended and updated form, the alike. lawyer is required and stimulating reading. key statutes and subordinate legislation Articles; news; full reports of cases in all used by Scottish practitioners. Four issues a year ensures you are kept Scottish courts and Scottish decisions in the up-to-date with current legal thinking. House of Lords. Includes a bound volume Contents: service containing all the year’s issues. Volume I Juridical Review contibutors continue to Division B — Courts, upper provide innovative and authoritative articles GREENS WEEKLY DIGEST Division F — Solicitiors of the highest quality. Here is just a sample Greens Weekly Digest digests all judicial of the articles published in Juridical Review decisions received by Greens, providing you Volume II in 2010: with early information on case law. Division C — Court of Session practice Coverage includes decisions from: the Court (annotated by Sheriff N Morrison, QC) n South Africa’s Civil Union Act 2006: of Session, the High Court of Justiciary, the A Scottish perspective House of Lords and Privy Council in Scottish Volume III n The landlord's hypothec: Appeals, the Scottish Land Court and Lands Division A — Fees and stamps Down but is it out? Tribunal, and the sheriff court. Division D — Courts, lower n The Scottish Parliament, Division G — Legal aid pleural plaques and the courts CURRENT LAW SERVICE A AND SCOTLAND: n The University College London Bentham Contains cases, statutes, circulars, tribunal Volume IV Club Presidential Address 2010: decisions, statements of government policy. Division H — Bankruptcy and other In law, is procedure really that important? Covers the whole of the UK and carries a mercantile n “British jobs for British workers”: European section. Division I — Companies The problem of collective agreements in the United Kingdom Division V n The assignment provisions of the Draft 0265-61WG Division K — Family Law Common Frame of Reference Greens Complete Periodical Service Division M — Succession, trusts, liferents £2,415.00 and judicial factors The editor of Juridical Review welcomes contributions from legal professionals. To Student/Lecturer: Division VI contribute articles, and notes for case and £1,208.00 Division E — Licensing comment please contact: Division J — Conveyancing, land tenure and [email protected] registration Division L — Landlord and tenant Professor Joe Thomson was formerly Regius Professor of Law at the University of Glasgow. 978 0 414 00688 1 6 Volume Looseleaf £937.00 0022-6785 Annual Subscription 2011 Annual Subscription Price: £240.00

50% discount to academics/lecturers and students: £120.00 W_Green_catalogue_2011:Layout 1 09/03/2011 11:28 Page 52

GENERAL AND REFERENCE 52

LEGAL RESEARCH SKILLS SCOTS LAW INTO SCOTS PRIVATE LAW FOR SCOTS LAWYERS THE 21ST CENTURY Professor Joe Thomson 2nd Edition Essays in Honour of W. A. Wilson Dr Karen L. Fullerton Editor: Professor Hector MacQueen This pioneering new title from Professor Joe Thomson provides a systematic explanation “At long last, an internet savvy book on Bill Wilson, who was Lord President Reid of the underlying principles of Scots private research skills. Although aimed primarily Professor of Scots Law at the University of law. It fully explores each area of the topic at students, it may be equally useful for Edinburgh, died in 1994. and how these interrelate with other fields practitioners who need to brush up their of private law, including property, research skills or those who are unfamiliar This collection is dedicated to Bill Wilson’s obligations, trusts and succession, and the with the many electronic sources of law memory: it develops themes of his writings creation, protection and transfer of wealth. that now exists.” and teaching as well as being memoir and It concludes with the law of persons, where FIRM Magazine (of the first edition) bibliography of his books and articles. A statute has essentially gone beyond common law rules. Legal Research Skills for Scots Lawyers 2nd team of leading academic lawyers analyse edition is a fully revised edition of this the current state of Scots law and its future user-friendly guide to researching Scots law. prospects. Scots Private Law maps out each branch of Within this book both electronic and private law, giving the reader an overview paper-based information sources are detailed, Hector MacQueen is Professor of Private Law of the subject and showing how each area along with search strategies and techniques at the University of Edinburgh. links together, before it is examined in that assist in effective location of relevant detail. This innovative text simplifies the material. topic by illuminating the major principles 1996 without the use of cases. The author evaluates the properties of each information source, allowing you to assess 978 0 414 01140 3 Hardback This book is an ideal guide for LLB and BA the usefulness and relevance of each source Law students, offering an understanding of in relation to your own work. £118.00 how the different areas of Private Law Additionally the book addresses research interconnect, without getting caught up in skills, including: the investigation process; detailed case law. It also provides a how to read, evaluate and reference the comprehensive understanding of the legal material researched; and how to make use system as a whole and encourages a broader of research findings to produce high quality awareness of the law and the principles on pieces of work. For online updates visit the which rules are based. student section of W. Green’s website (http://www.wgreen.co.uk). Contents Chapter 1 What is Scots Private Law? Contents: Chapter 2 The Law of Property I n Table of Regnal Years Chapter 3 The Law of Property II n Introduction n Using Electronic Resources for Legal Chapter 4 The Law of Property III Research Chapter 5 Voluntary Obligations I n An Introduction to Cases Chapter 6 Voluntary Obligations II n Search Strategies for Finding Cases Chapter 7 Obligations arising from Wrongs n Legislation Chapter 8 Reparation for Harm arising n Search Strategies for Finding UK from Fault or Culpa Parliament Legislation Chapter 9 Unjustified Enrichment n Search Strategies for Finding Scottish Chapter 10 Trusts Parliament Legislation (Pre-1707 and Chapter 11 The Law of Succession Post 1999) Chapter 12 Family Law n Information Sources of Relevance to the Scots Lawyer Joe Thomson was formerly Regius Professor n UK-Wide Legal Information Sources of Law at the University of Glasgow. Which Exclude Scots Law n EC Law n International Law 2006 n Topic Based Research and the Legal 978 0 414 01656 9 Investigation Process Paperback n Making Effective Use of Information n How to Use Your Research to Produce £25.00 High Quality Work n Appendix 1 — Summary of Search Strategies for Finding Legal Information with Paragraph Numbers for Easy Reference n Appendix II — Law Library Exercise n Appendix III — Electronic Resource Exercise

Dr Karen L. Fullerton is a Teaching Fellow at the University of Aberdeen.

2007 978 0 414 01589 0 Paperback £27.00 W_Green_catalogue_2011:Layout 1 09/03/2011 11:28 Page 53

GENERAL AND REFERENCE 53

SCOTS LAW TIMES INDEX SCOTTISH CONTEMPORARY SCOTTISH (1961–1990) JUDICIAL DICTIONARY LAWYER’S FACTBOOK Editor: Robert Hunter William J. Stewart Regular Updates

“The Index remains excellent value for “What we have here is a useful compilation The essential first point of reference for all practitioners.” Journal of the Law Society which should provide a guide for the busy Scottish lawyers. This Factbook combines practitioner faced with the problem — What comprehensive case legislation guidance and Published in the centenary year of Scots Law on earth does that mean?” information with an emphasis on practical, Times — an index covering all Scots Law Journal of the Law Society straightforward answers to even the most Times in the 30 years up to 1990, infrequent and unusual procedural supplemented by the annual index Scottish Contemporary Judicial Dictionary is questions. It provides the answers you need published for the succeeding years. a modern-day collection of words and quickly and simply, allowing the busy phrases judicially defined and commented practitioner to provide a fast, efficient Editor Robert Hunter has compiled a quite on by the Scottish courts. service to clients. indispensable reference book for every subscriber to Scots Law Times; it will speed The book provides the practitioner with Developed with the needs of the up the consultation process to the benefit of judicial definitions of the ordinary words of multi-tasking high street practice firmly to every interested practitioner, librarian, the English language. It provides invaluable the fore, Greens Scottish Lawyer’s Factbook student. assistance to litigation lawyers seeking to is of considerable value to all practitioners argue a particular interpretation. It is from paralegal to senior partner. Annual cumulative updates of the Scots Law especially invaluable to any lawyer drafting Times Index are published to cement the documents. The authority and quality of Greens Scottish utility of this essential publication. Lawyer’s Factbook is supported by an easily Scottish Contemporary Judicial Dictionary searched CD-ROM and regularly updated provides the only alternative to releases. The combination of CD-ROM and 1993 lexicographers’ definitions of ordinary looseleaf binder format means that you can 978 0 414 00970 7 English words. A worthy successor to Gibb move easily between sections, cases, Hardback and Dalrymple and an excellent working legislation and procedure to find the £270.00 tool for the busy lawyer. information you need quickly and with the minimum of fuss. Bill Stewart, formerly a partner in a law firm, lectured at Stirling University Law Greens Scottish Lawyer’s Factbook has been School. He wrote and edited a number of produced in a practical, accessible style by a W. Green titles aimed at both legal team of leading practitioners. SCOTS LAW TIMES INDEX practitioners and students. (1991–2002) Contents: n Court of Session 1995 n Sheriff court The latest cumulative supplement to Scots 978 0 414 01008 6 n Criminal procedure Law Times Index 1961–1990. Together they Hardback n Personal injury give ready access in a single volume to all £228.00 n Employment law cases reported in over 40 years. n Family law n Executry practice The 1991–2002 volume provides: n General conveyancing n Case name index n Residential tenancies n Subject matter index n Licensing law (fully revised) n Index of cases judicially considered n Disability discrimination n Index of statutes judicially considered n Index of statutory instruments considered 978 0 414 01343 8 Looseleaf and CD-ROM The index adds the large quantity of various £288.00 + £28.80 VAT = £316.80 reports published in 2002 to the previous Updating releases charged for on supplement, giving users the ability to publication research in a single volume for all the cases reported since the period covered by the main 1961–1990 index.

2002 978 0 414 01542 5 Paperback £85.00 W_Green_catalogue_2011:Layout 1 09/03/2011 11:28 Page 54

GENERAL AND REFERENCE 54

GREENS SOLICITORS LAW, PRACTICE AND THE LAW SOCIETY OF PROFESSIONAL HANDBOOK CONDUCT FOR SOLICITORS SCOTLAND DIRECTORY OF 2010–2011 Alan A. Paterson and Bruce Ritchie EXPERT WITNESSES 2010 PARLIAMENT HOUSE BOOK

This book is the definitive source for those Be confident that you’ve got the most comprehensive, current and quality source Contents include: seeking guidance on the rules concerning solicitors practice, conduct and discipline. It of expert witnesses working in Scotland n Solicitors (Scotland) Act 1980, as available. amended offers an examination of the rationale n Proceeds of Crime Act 2002 behind the rules and their practical application. n The only directory endorsed by The Law n Solicitors (Scotland) (ARTL Mandates) Society of Scotland Rules 2006 Finding consistency within the rules can be n Current contact details and information n CCBE Code of Conduct for European from the experts themselves Lawyers 2006 difficult. Within this title the authors explore the central features of ethical procedure and n Over 1,000 specialisms covered n Scottish Solicitors’ Discipline Tribunal n Over 350 checked expert witnesses Rules 2008 practice, placing this diverse yet distinctive subject into context and providing a listed, living and working throughout n Guidelines on Form of Accounts and Scotland Taxation 2005 narrative explanation of the processes involved. n Average number of annual instructions n Solicitors (Scotland) (Advertising and — compare profiles to find the most Promotion) Practice Rules and qualified expert Guidelines 2006 Coverage includes: n Standards n Number of reports written in the last n Money Laundering Regulations 2007 3 years — know the experience of n Legal Profession and Legal Aid n Forms and requirements of practice n Obtaining and retaining clients your expert (Scotland) Act 2007 n Includes profiles of translators and n Over 50 Practice Guidelines n Establishing the lawyer/client relationship interpreters in Scotland n Professional Practice — n All experts are referenced and verified Where Can I Find It? n Taking instructions n Extent of authority by Sweet & Maxwell and the Law Society n Confidentiality of Scotland and agree to abide by a n Conflict of interest strict code of practice — guaranteeing 2010 you quality and reliability 978 0 414 01807 5 n Client property Paperback n The accounts rules, client interest and £35.00 money laundering n Fees, charging and taxation 2010 978 0 414 01799 3 New edition to publish Autumn 2011 n Termination of the relationship n Duties to third parties Paperback 978 0 414 01843 3 £75.00 Paperback n Duties to professional colleagues c.£50.00 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 the University of Strathclyde.

Bruce Ritchie is the Director of Professional Practice at the Law Society of Scotland.

2006 978 0 414 01439 8 Hardback £75.00 W_Green_catalogue_2011:Layout 1 09/03/2011 11:28 Page 55

GENERAL AND REFERENCE | HOUSING, LANDLORD AND TENANT 55

TRAYNER’S LATIN MAXIMS DILAPIDATIONS GREENS 4th Edition IN SCOTLAND HOUSING LAW REPORTS Foreword by: A. G. M. Duncan 2nd Edition 4 issues a year Malcolm F. Fleming, Editor: Mike Dailly Julie McKinlay and Alan McMillan The first edition of this work was published in 1861. Since then it has provided Housing law has always been a major area invaluable guidance to students and This text provides lawyers and surveyors of work for many of Scotland’s legal practitioners. Meanings and applications of with clear explanatory guidelines to this practitioners, but many decisions on the Latin words and phrases are clearly complex area of the law. In an area which is subject have been difficult to discover and illustrated. Phrases and maxims introduced predominantly settled out of court, this obtain. Greens Housing Law Reports was by changes in the law up to 1993 are book gives parties involved the assurance developed in response to this need. incorporated in this fourth edition. that they are negotiating on the basis of the law as it stands. Covering commercial, and Contents: Foreword by: A. G. M. Duncan, residential tenancies, the authors advise on n Editorial former Writer to the Signet. how to interpret contract provisions and n Reports — full reporting with how to access remedies. commentary

1998 Contents: Areas covered include: 978 0 414 01294 3 n Common law and statute affecting n Landlord and tenant Paperback repairs n Public sector housing £52.00 n Residential tenancies n Unlawful eviction/harassment n Tenants’ obligations to repair under n Homelessness provisions of the lease or contract n Sub-standard housing n Relevant provisions of the lease n Mortgages/standard securities n Landlords’ obligations to repair and n Matrimonial homes service charges n Conveyancing law n Landlords’ and tenants remedies n Anti-social behaviour

Malcolm F. Fleming was formerly a Partner Mike Dailly is Principal Solicitor with Mike with Maclay Murray & Spens. Dailly Solicitors who undertake all the legal work for Govan Law Centre. Julie McKinlay is a solicitor with East Ayrshire Council. 1364-274X Alan McMillan is a Partner at Burness 2011 Annual Subscription Price: £305.00 Solicitors.

2003 978 0 414 01513 5 Paperback £54.00 W_Green_catalogue_2011:Layout 1 09/03/2011 11:28 Page 56

HOUSING, LANDLORD AND TENANT | HUMAN RIGHTS 56 NEW EDITION

RESIDENTIAL TENANCIES SCOTTISH LANDLORD HUMAN RIGHTS 3rd Edition AND TENANT LEGISLATION 2nd Edition Peter Robson and Andrew Vennard Regular Updates LAWBASICS General Editor: David Brand Dr Alastair N. Brown

“This text ... is probably one of the best references available to Scottish landlord A comprehensive work, Scottish Landlord Fully revised and updated, Human Rights and tenant law.” and Tenant Legislation is a looseleaf LawBasics provides the ideal revision Letting Update encyclopedia providing consolidated platform for all those students preparing for legislation affecting this complex area of the questioning on the law. An essential ally, this The third edition of this text on the complex law, along with expert annotations giving exam-time read provides a clear and concise fields of public and private sector letting guidance on the interpretation of the analysis of human rights law and contains all takes full account of legislative and common primary legislation. the necessary information required for the law developments, including the new forms. development of a basic understanding of The appendix includes examples of leases Includes annotations by: the subject. and specific advice regarding typical n Professor Robert Rennie problems encountered by both landlord and n Professor Michael Meston Essential coverage is provided on: tenant in practice. n Professor Peter Robson n The general principles n David Steel, Dundas and Wilson n Key cases Contents: n Lionel Most, Alexander Stone & Co n Important Statutes n Lease contracts and statutory controls n David C Coull, MacDiarmid & Craig n Repair and habitability of dwelling- n Derek Flyn Contents include: houses n Keith Graham, Scottish Land Court n Introduction: the European Convention n Rents n Tom Guthrie, University of Glasgow on Human Rights and its interpretation n Recovery of possession n Len Freedman, Harper MacLeod LLP n The Human Rights Act 1998 n Illegal eviction and harassment n James McMorran, Harper MacLeod LLP n The right to life n Local authority housing n Professor Tom Mullen, University of n The prohibition of torture n Occupancy rights Glasgow n The right to liberty n Succession n Somerled Notley n The right to a fair hearing n Eilidh Ross, Macleod & MacCallum n The prohibition of retrospective Peter Robson is Professor of Social Welfare crimininalisation at the University of Strathclyde. Recent additions include: n The right to respect for private life n Full statutory updates to all divisions n The right to freedom of thought, Andrew Vennard is a Solicitor. n Updated annotations to the Rent conscience and religion (Scotland) Act 1984 and the Housing n The right to freedom of expression (Scotland) Act 1988 n The right to freedom of assembly 2011 n Updated annotations to the Crofters n The right to peaceful enjoyment of 978 0 414 01817 4 (Scotland) Act 1993 property Paperback n Other rights c.£70.00 Contents: n Division A: Residential leases Dr Alastair N. Brown is a Solicitor Advocate n Division B: Retail and general and a Fellow of the Scottish Centre for commercial leases International Law. n Division C: Agricultural holdings and crofts 2005 David Brand was formerly a Senior Lecturer 978 0 414 01614 9 in Law at the University of Dundee. Paperback £12.50

978 0 414 01265 3 1 Volume Looseleaf £540.00 Updating releases charged for on publication W_Green_catalogue_2011:Layout 1 09/03/2011 11:28 Page 57

HUMAN RIGHTS 57

GREENS SCOTTISH GREENS SCOTTISH HUMAN RIGHTS ACT 1998 HUMAN RIGHTS JOURNAL HUMAN RIGHTS SERVICE GREENS ANNOTATED ACTS 4 issues a year General Editor: Dr Alastair N. Brown Editor: Professor Alan Miller Professor Alan Miller

The Human Rights Act 1998 has possibly had Keeping abreast of the latest human rights Greens Scottish Human Rights Service is the a bigger impact on the Scottish legal system issues must remain at the fore for every first and only comprehensive source of than any other Act in recent history, other Scots lawyer. Greens Scottish Human Rights human rights legal materials in Scotland. It is than the Scotland Act 1998 itself. The Act Journal provides the perfect medium. the essential work of reference on this will continue to have considerable impact on rapidly developing and important subject, the way all legal practice in Scotland is Greens Scottish Human Rights Journal providing expert and practical insight into conducted. guarantees the profession current and the impact of the Convention across all areas detailed analysis and commentary on all the of Scots law practice. This significant The Human Rights Act 1998 provides a full latest human rights issues. looseleaf draws together all Acts and copy of the Act with authoritative sections of Acts, that have been created or section-by-section commentary by Alastair Encompassing 4 issues per year and focusing amended through the European Convention Brown. Publishing in the Annotated Acts on all areas of legal practice, this journal on Human Rights, while case digests bring series, this book is an essential guide for combines practical articles with case law together all the relevant case law from practitioners, both civil and criminal, digests, law reports and commentary. Such Scotland, the UK, Strasbourg and providing an ideal portable companion and an up-to-date information system ensures Commonwealth jurisdictions. working tool. that practitioners are kept fully informed and advised on the implications of the Contents: Dr Alastair N. Brown is a Solicitor Advocate Human Rights Act 1998 for day-to-day legal Division A — Procedure and a Fellow of the Scottish Centre for practice. n Understanding the Convention International Law. n European Court of Human Rights: Contents: Practice and Procedure n Feature articles n Relevant legislation 2003 n Current Awareness section including 978 0 414 01522 7 selected case reports with expert Division B — Sources of Law Paperback commentary n The Human Rights Act 1998, with full £52.00 expert annotation Recent articles include: n The Equality Act 2006, with full expert n Dignity in Care and the Scottish Human annotation Rights Commission n The Scotland Act 1998, with full expert n The Scots Law of Confession: annotation Irretrievably Prejudicing the Rights of n Acts of Adjournal Suspects? n The Scottish Commission for Human n The Environment and Human Rights: Rights Act 2006, with full expert Making the Connections annotation n The Human Rights Act 10 Years On: Origins, Impact and Destination Division C — Case Digests n Criminal law; Constitutional and Professor Alan Miller is Chair of the Scottish Administrative law; Delict; Education; Human Rights Commission. Employment; Family; Medical law; Mental Health; Planning and the Environment; Property; Social Security; 1470-8302 Immigration and Asylum 2011 Annual Subscription Price: £245.00 Professor Alan Miller is Chair of the Scottish Human Rights Commission.

978 0 414 01389 6 1 Volume Looseleaf £414.00 Updating releases charged for on publication W_Green_catalogue_2011:Layout 1 09/03/2011 11:28 Page 58

HUMAN RIGHTS | INTELLECTUAL PROPERTY AND DATA PROTECTION 58

HUMAN RIGHTS HUMAN RIGHTS DATA PROTECTION ACT 1998 AND SCOTS LAW IN SCOTLAND: TEXT, GREENS ANNOTATED ACTS GREENS CONCISE SCOTS LAW CASES AND MATERIALS Emily Wiewiorka Valerie Finch and Keith D. Ewing and Christina Ashton Kenneth Dale-Risk Given that the Data Protection Act 1998 has considerable impact on the way all Human Rights and Scots Law is a The only casebook to cover this subject, this businesses store and manage data, solicitors straightforward account of the legal is a handy collection of extracts from cases, can expect to receive a high number of protection of human rights in Scotland. The statutes, subordinate legislation and enquiries about the Act as issues and book concentrates on those areas where commentaries. problems arise. substantive or procedural rules are different from the rest of the UK. With explanation of Contents: This handy book provides a full copy of the the relevant Convention rights, the book n The background to human rights law Act with authoritative section-by-section looks at the jurisprudence of the European n European Convention of Human Rights commentary, giving a general and Court on Human Rights and considers the and the Human Rights Act 1998 fundamental understanding of the Act. The effect of incorporating the European n Liberty and police powers annotations give detailed but plain Convention on Human Rights on some n The right to privacy explanations to the many intricate and often aspects of current Scots Law, with discussion n The right to equal treatment awkward provisions of the Act, explaining of English law where appropriate. n Freedom of religion them in such a way as to give real practical n Freedom of expression assistance to those working in this area. Human Rights and Scots Law considers n Freedom of assembly and public order This title is an excellent portable reference developments brought about by the for all legal practitioners, as well as in-house Scotland Act 1998, the Human Rights Act Keith D. Ewing is Professor of Public Law at counsel and students of law and business 1998, the European Convention on Human Kings College, University of London. related subjects, in Scotland and throughout Rights, the Freedom of Information Act 2000 the rest of the UK. and the Regulation of Investigatory Powers Ken Dale-Risk is Lecturer in law at Napier (Scotland) Act 2000. University, Edinburgh. Emily Wiewiorka was formerly Head of the IP/IT Law Unit at Boyds’ Solicitors. An ideal introduction to the subject for law students, this book provides much needed 2004 coverage of what is an important and 978 0 414 01449 7 2002 expanding area of the law in Scotland. Paperback 978 0 414 01467 1 £44.00 Paperback Contents: £69.00 n Introduction n Fundamental human rights n Liberty and security of the person n Right to a fair and public hearing n Rights in criminal law n The right to private and family life and the right to marry and found a family n Freedom of thought and expression n Freedom of association and assembly n Freedom from discrimination n Article 1 of Protocol 1 — right to property n Article 2 of Protocol 1 — right to education n Right to an effective remedy n Domestic law and the convention n The international context

Valerie Finch is a Senior Lecturer in Law at the University of the West of Scotland.

Christina Ashton was formerly Head of the Department of Law at Napier University.

2002 978 0 414 01429 9 Paperback £42.00 W_Green_catalogue_2011:Layout 1 09/03/2011 11:28 Page 59

INTELLECTUAL PROPERTY AND DATA PROTECTION | INTERNATIONAL PRIVATE LAW 59 NEW EDITION

INTELLECTUAL INTERNATIONAL ANTONS PRIVATE PROPERTY LAW IN PRACTICE PRIVATE LAW: A SCOTS INTERNATIONAL LAW Dr Thomas E. Hays PERSPECTIVE 3rd Edition and Claire C. Milne 3rd Edition SULI Professor Elizabeth Crawford Paul R.Beaumont and Peter McEleavy and Dr Janeen Carruthers “[T]his is an expanding area of practice, and The 3rd edition of Professor Anton’s one of which no practitioner, whether or standard text on the Scottish rules of private international law has been completely not a specialist, can afford to be ignorant.” This up-to-date treatment of an area of Lord Nimmo Smith, Foreword revised by Professors Beaumont and increasing importance provides an in-depth McEleavy. The subject area has been and clear analysis of the complexities of the comprehensively reshaped in recent years This work succeeds in dispelling the mystery subject, and gives a critique of crucial due to the process of Europeanisation. The that can surround intellectual property law. changes therein. The newly revised edition Brussels I, Brussels IIa, Rome I, Rome II and Many clients are often confused by the of this highly regarded book, presented Maintenance Regulations, as well as complex area of intellectual property. An under a new title, provides a thorough associated case law, are considered in detail understanding of intellectual property is account of all branches of Scots private law with regard paid to their particular impact important for legal practitioners to in their conflict of laws dimension. A noted on Scots law. The recent work of the Hague safeguard their competitive edge. Conference on Private International Law is feature of the subject, to which the book equally evaluated, most notably the pays central attention, is the expanding This highly practical and detailed guide is Conventions on Maintenance, Choice of influence of the EU legislative programme Court, Protection of Adults, Protection of the first dedicated publication to address the for civil justice, which affects the substance Children and Inter-country Adoption. In whole of intellectual property law from a of the conflict rules of all European Member analysing European and global instruments uniquely Scottish perspective. Clear and States. the authors have drawn on their experience practice-focused advice establishes this title in participating in the negotiation processes as an essential research tool, illustrating the The book explains and analyses the rules of in Brussels as well as from their work for the impact intellectual property has on day-to- civil and commercial jurisdiction set out in Hague Conference. day legal issues. the Brussels I Regulation, and the choice of Contents: law rules of the law of obligations contained n Introduction By breaking down this area of law into the in the new Rome I and Rome II Regulations. n Theories and methods numerous component parts and explaining In family law, a full treatment is given of the n International and regional instruments: each in turn, Intellectual Property Law in rules pertaining to jurisdiction and Implementation, integration and Practice concentrates on providing the recognition and enforcement of judgments interpretation essential information necessary to handle n Identification of the applicable law in matrimonial matters and matters of n Application of statutes and limits to the the vast majority of intellectual property parental responsibility, as contained in the issues. Quick and clear reference is provided application of foreign law Brussels II bis Regulation, including their n State immunity with topics such as patent, trade mark and interaction with the Hague Convention on n Connecting factors design law divided into substantive and International Child Abduction. n Jurisdiction procedural sections, giving straightforward n External decrees: Recognition and references to other relevant materials. Full account is given of the conflict rules enforcement The practical focus of this work is enhanced pertaining to property, in the various n Choice of law in contractual obligations with the inclusion of valuable, hands-on contexts of matrimonial and cohabiting — Rome I regulation appendices, including: n Arbitration relationships, lifetime transfers, insolvency n Foreign money liabilities and succession. n Styles n Bills of exchange and letters of credit n Choice of law in non-contractual n Forms The book is a thorough and accessible obligations n Trade Mark Use Classes treatment of the theory and methodology n Marriage, civil partnership and n Membership of International Bodies employed in this branch of the law, and cohabitation and Treaties constitutes an immensely valuable source of n Divorce and dissolution n Free Movement Directive and information, for students of the subject and n Effects of marriage on property Regulations practitioners, about the changing content of n Children n List of Useful IP Websites n Maintenance this important area of the law. n Adults with incapacity The complete legal reference to intellectual n Property Professor Elizabeth Crawford is Professor of n Trusts property law as it applies to Scottish International Private Law at the University of n Administration of estates of persons practice, in one hard-wearing, portable Glasgow, and has unparalleled experience in deceased volume. teaching and writing on international n Succession private law. n Companies, firms and associations Dr Thomas E. Hays is a Senior Lecturer in n Bankruptcy Intellectual Property Law at the University of Dr Janeen Carruthers is Reader in Conflict of n Procedure and evidence Aberdeen. Laws at the University of Glasgow, and has Paul R. Beaumont is a Professor of European written widely on the subject. Union and Private International Law at the Claire C. Milne is an Accredited Specialist in University of Aberdeen. Intellectual Property Law and a Partner at Thorntons, WS, Solicitors. Peter McEleavy is a Professor of Law at the 2010 University of Dundee. 978 0 414 01775 7 Paperback 2004 £45.00 2011 978 0 414 01474 9 978 0 414 01345 2 Hardback Hardback £99.00 c.£180.00 W_Green_catalogue_2011:Layout 1 09/03/2011 11:28 Page 60

LEGAL SYSTEM | LICENSING 60 NEW EDITION

SCOTTISH LEGAL SYSTEM THE SCOTTISH LICENSING (SCOTLAND) 3rd Edition LEGAL SYSTEM ACT 2005 LAWBASICS An Introduction to the Study of Scots Law 2nd Edition Robert S. Shiels 8th Edition GREENS ANNOTATED ACTS D. M. Walker Jack Cummins

Scottish Legal System LawBasics, 2nd Edition provides students of all disciplines, This eighth edition has been This text provides an indispensible source of legal and related, with the ideal comprehensively updated throughout. A reference on liquor licensing law in Scotland. introduction to the operations and workings significant European dimension has been The Licensing (Scotland) Act 2005 completely of the legal system in Scotland. This added and appendices on procedure overhauls Scottish licensing law, introducing excellent pre-examination guide approaches inserted. An examination of the solicitor a new system of complex controls. In this the subject in a clear and uncomplicated advocate’s role is also explained. 2nd edition the author has updated his fashion and contains all the necessary detailed analysis of the new regime to take information required to guide the user Contents: into account the many statutory regulations towards the development of a basic n The science of law that have been issued since the 1st edition understanding of the subject. n The divisions of legal science was published in 2005, as well as considering n Fundamental ideas the practical problems faced by practitioners An excellent overview of the Scottish legal n Development of Scots law during this critical transitional phase. system. n Structure of Scots law n Legislative organs of Scots law As well as providing a full copy of the Essential appendices are included: n Executive agencies of Scots law Licensing (Scotland) Act 2005, with expert n Glossary of legal terms, Latin maxims n The modern judicial system section-by-section commentary, the 2nd and phrases n Personnel of the law edition also contains the full text of many n Analysis of a case n Sources of Scots law key associated regulations, making this an n Technique for answering exam questions n Repositories of Scots law essential purchase for anyone who is n Sample examination question and n Resolution of civil disputes involved with liquor licensing. answer plans n Administration of criminal justice n Making of new law Fully revised and updated, this new edition Jack Cummins is a Partner with Hill Brown is presented in a clear, concise and easy to D. M. Walker is Regius Professor Emeritus of Solicitors. use format and provides the perfect cure for Law at the University of Glasgow. pre-exam jitters. 2009 Contents: 2001 978 0 414 01727 6 n The development of Scots law 978 0 414 01353 7 Paperback n The sources of Scots law Paperback £78.00 n Courts and tribunals £56.00 n Personnel n Legislation and precedent n Civil litigation n Criminal justice n The future

Robert S. Shiels is a solicitor advocate and member of the Procurator Fiscal Service.

2011 978 0 414 01848 8 Paperback £12.50 W_Green_catalogue_2011:Layout 1 09/03/2011 11:28 Page 61

LICENSING | MENTAL HEALTH 61 NEW EDITION

SCOTTISH CIVIC MENTAL HEALTH MENTAL HEALTH AND SCOTS GOVERNMENT LICENSING (CARE AND TREATMENT) LAW IN PRACTICE LAW (SCOTLAND) ACT 2003 2nd Edition 3rd Edition GREENS ANNOTATED ACTS Dr Lindsay Thomson MD and GREENS ANNOTATED ACTS Ronald A. Franks and David Cobb Joanna Cherry QC Andrew Hajducki QC and Steven Stuart QC The Mental Health (Care and Treatment) A completely revised and update edition of (Scotland) Act 2003 is the first title to this extremely successful title. This unique “I welcome this book by Mr. Hajducki and contain the full text of this important Act, book provides practitioners from a legal, Mr. Stuart as the first comprehensive work expertly annotated with a comprehensive mental health, social services or criminal on this subject. It will be of considerable analysis. It offers guidance on the justice background with a systematic guide assistance to practitioners in the public and interpretation, implications and application to the relationship between mental health private sector. It will also be essential of the new legislative framework in practice. and Scots Law. reading for students of the law and procedure relative to the issuing of Scottish mental health legislation is currently Written by experts in both the fields of licences.” experiencing the most significant mental health and law, this title gives a Andrew R. Hardie QC, former Dean of the transformation since the 1980’s. This is the complete overview of mental health from Faculty of Advocates (of the 1st edition) first annotated version of the new Act since the perspective of those it affects as part of this more complex legislative structure was their profession: solicitors, psychiatrists, Fully revised and updated Scottish Civic created. social workers and nurses. The fact that it Government Licensing Law, 3rd Edition is a has been written by specialists from both handy guide to this area of licensing law. Taking account of all developments and the the legal and mental health fields ensures This book provides a detailed narrative implications of the Mental Health (Care and that the information is presented in a introduction, and a full copy of the Treatment) (Scotland) Act 2003, this text manner accessible to professionals working consolidated Act along with practical provides practical section-by-section in both areas. The book also contains useful section-by-section annotated commentary commentary guiding you through the law. It introductions to both mental disorder and guiding you through the law. is an excellent source of reference for the Scottish legal system to help people criminal, civil and private client practitioners, from different backgrounds. The Civic Government (Scotland) Act 1982 as well as local authorities, health services, introduced a uniform code of law and social workers and members of the police This brand new edition with a new author procedure to regulate the issuing of licences and prison services. team will further expand on the impact of by Scottish local authorities for various the Mental Health (Care and Treatment) activities, including taxi and private car Ronald A. Franks is a partner and solicitor Scotland Act 2003 on those involved with hiring, street trading, public entertaining, with Legal Services Agency, Glasgow. mental health in Scotland. running a sex shop and second hand dealing. David Cobb is an Advocate and former Head More detail on effectiveness of Tribunals is of Legal Services, Central Regional Council. included along with a new chapter on risk. The Scottish Civic Government Licensing A description of the provisions of the Adults Law, 3rd Edition is an excellent portable with Incapacity (Scotland) Act 2000 is also reference for those involved or with an 2005 provided. interest in licensing law. 978 0 414 01578 4 Contents include: Contents: Paperback £79.00 n Mental disorder and psychiatric services n Narrative introduction n The Scottish legal system n Civic Government (Scotland) Act 1982 n Civil mental health legislation annotated n Adults with incapacity n Statutory Instruments under the 1982 n Psychiatric systems and services for Act as annotated,including the Civic mentally disordered offenders Government (Scotland) Act 1982 n Psychiatric defences (Licensing of Houses in Multiple n Criminal mental health legislation Occupation) Order 2000 n Court reports and expert witness n Legislation relating to theatre and cinema licensing Dr Lindsay Thomson MD is a Consultant n Legislation relating to animal licensing Forensic Psychiatrist and works as a clinician The authors are both practising senior at the State Hospital and as a researcher and counsel with a particular interest and teacher at the University of Edinburgh. experience in licensing and admistrative law. Joanna Cherry QC is an Advocate. Andrew Hajducki QC is a member of Westwater Advocates. 2011 Steven Stuart QC is a member of Terra Firma 978 0 414 01763 4 Chambers. Hardback c.£83.00

2009 978 0 414 01774 0 Paperback £75.00 W_Green_catalogue_2011:Layout 1 09/03/2011 11:28 Page 62

PARTNERSHIP | PLANNING 62

MILLER ON PARTNERSHIP COMPULSORY PURCHASE GREENS SCOTTISH 2nd Edition AND COMPENSATION: PLANNING FACTBOOK SULI THE LAW IN SCOTLAND Regular Updates Gordon H. Brough 3rd Edition Executive Editor: Edith Bowman Professor Jeremy Rowan Robinson

This edition of James Bennett Miller’s Written by a highly distinguished team of seminal work on the law of partnership in “Professor Rowan Robinson’s publication is expert contributors, this is the definitive Scotland reflects the changes which have very welcome, providing for the first time an guide for Scottish planning professionals. occurred in the two decades since the first exhaustive examination of the law with Two comprehensive updates each year will publication in 1973. With extensive updating helpful suggestions for change.” keep you up to date with all the latest to take account of the many developments. Journal of the Law Society — of the first legislative changes and new requirements. edition Contents: Greens Scottish Planning Factbook is a n General attributes of the relationship Revised and updated — a detailed but single, easy-to-use looseleaf manual, giving n Capacity of parties to enter the contract straightforward explanation of the law you quick and easy access to authoritative, of partnership relating to compulsory purchase and practical information on every major aspect n Illegality in relation to partnership and compensation in Scotland. of planning. The publication comes as a associations package containing an easy to use looseleaf n Holding out The author also considers the wider area of manual, accompanied by a CD-ROM. n Rights and duties of the partners among compensation for depreciation in the value themselves of property caused by government actions Contents: n Rights and duties of the partners in and decisions falling short of expropriation. n Who controls development? relation to third parties He sets out not only to state the law, but to n Planning policies n Contract explain how it has emerged in its present n Is Permission required? n Delict and breach of trust form and to consider where change is n The Planning application n Property of the partnership desirable. n The Planning decision n Dissolution and expulsion n Appeals n Effects of dissolution n Compulsory purchase: Powers n Agreements n Winding-up n Compulsory purchase: Procedure n Conservation and other controls n Bankruptcy n Compulsory purchase: Acquiring title n Infrastructure n Taxation and accounts n Compensation: Introductory matters n Pollution control n The date for fixing and valuing interests n Enforcement Gordon H. Brough is a Corporate Lawyer n Market value n Blight, compulsory purchase orders and with over 20 years experience and is a n Development potential compensation Partner in the city office of Maclay, Murray n Disregarding the scheme n Human rights & Spens. n Special values n Regeneration Policy and Guidance n Disturbance n Directory/Further Information n Remaining land Published under the auspices of the Scottish n Compensation: Other matters Edith Bowman FRICS, FHEA was a Lecturer Universities Law Institute n Compensation for regulation in Law and Estate Management at the n Blight School of the Built Environment, n Utility “wayleaves” Heriot-Watt University, Edinburgh. 1994 978 0 414 01042 0 Professor Jeremy Rowan Robinson is a Hardback retired Solicitor. 978 0 414 01381 0 £145.00 Looseleaf and CD-ROM £284.00 + £28.40 VAT = £312.40 2009 Updating releases charged for on 978 0 414 01752 8 publication Hardback £89.00 W_Green_catalogue_2011:Layout 1 09/03/2011 11:28 Page 63

PLANNING 63

PLANNING SCOTTISH SCOTTISH PLANNING 3rd Edition PLANNING ENCYCLOPEDIA LAW AND PROCEDURE Neil Collar Regular Updates SULI General Editor: Jeremy Rowan Robinson, The Rt Hon. Lord Gill Eric Young, Michael Purdue and “This book can be highly recommended.” Assistant Editor: Journal of the Law Society Elaine Farquharson-Black (of the first edition) Malcolm Thomson QC

This third edition of Neil Collar’s highly Planning Law and Procedure is a complete successful Planning has been thoroughly The Scottish Planning Encyclopedia, edited and thorough analysis of planning law in updated and revised. The result is the most by The Rt Hon. Lord Gill, assisted by Malcolm Scotland. practical and complete analysis of planning Thomson QC, contains all the important law in Scotland. legislation and quasi-legislation governing Contents: this particularly complex area of the law. n The Administration of town and country Thorough, detailed and approachable, Neil With a selection of narrative contributions planning Collar’s Planning provides an excellent from leading professionals and a plethora of n National planning policy introduction to the subject. The new edition statutes, statutory instruments, the Scottish n Local planning policy will review the wide-ranging changes to the Planning Policy, the National Planning n Development planning system in Scotland being Framework 2, PANs and circulars, this is the n Development not requiring the introduced during 2009 as a result of the most comprehensive planning manual submission of a planning application Planning etc (Scotland) Act 2006. available. n Development Control 1: planning applications Planning is essential reading for Contents: n Development Control 2: the practitioners and professionals from a n Narrative chapters examining the development plan and other material variety of disciplines, from legal to planning system, planning enquiries, considerations surveying, architectural and construction to enforcment, judicial review and other n Development Control 3: conditions local government and planning specialist areas n Development Control 4: planning departments. n Town and Country Planning (Scotland) agreements Act 1997 — fully annotated n Development Control 5: planning Contents: n Planning etc. (Scotland) Act 2006 — the authority’s decision and other matters n Evolution of planning law sections in force have been noted and n The enforcement of planning control n The planning system taken in to the Principal Act, with the n Compensation and purchase notices n Development plans remaining pending sections published n Control of the existing use of land n Development control — planning for reference n Positive planning permission; planning conditions and n Over 30 other Statutes (as amended) n Planning blight and injurious affection agreements n Over 35 Statutory Instruments (as n Special Controls 1: listed buildings and n Development control — enforcement amended) conservation areas n Challenge of planning decisions n The Scottish Planning Policy and the n Special Controls 2: advertisements, trees n Particular controls National Planning Framework 2 and waste land n Over 50 Planning Advice Notes n Special Controls 3: hazardous substances Neil Collar is Head of Planning Law at n Over 100 Circulars and waste land Brodies LLP, Edinburgh and Glasgow. He was n Appeal and objection procedures voted the leading planning solicitor in The Rt Hon. Lord Gill is recognised as n Challenge of plans, orders and planning Scotland in 2008 by readers of the Royal Scotland’s premiere and authoritative expert decisions in the Court of Session Town Planning Institute's magazine in the field of agricultural law. n Appendix 1: Planning authorities in “Planning”. Scotland Malcolm Thomson is a QC. n Appendix 2: List of current directions

2010 978 0 414 01730 6 978 0 414 01150 2 Published under the auspices of the Scottish Hardback 5 Volume Looseleaf Universities Law Institute £92.00 £937.00 Annual Subscription 2001 978 0 414 01430 5 Hardback £145.00 W_Green_catalogue_2011:Layout 1 09/03/2011 11:28 Page 64

PLANNING | PRIVATE CLIENT 64

TOWN AND COUNTRY THE ELDER CLIENT: PRIVATE CLIENT LAW REVIEW PLANNING (SCOTLAND) ACT A PRACTICAL GUIDE 4 issues a year 1997 Susan Duff and Fiona McDonald General Editor: Heather Thompson GREENS ANNOTATED ACTS Editorial Board: Robin Fulton, Jeremy Rowan Robinson Ian Clark and Gavin McEwan This book offers practical guidance to solicitors who are advising clients on a wide An essential and readable guide to the range of financial and welfare matters Scottish Private Client Law Review covers all amended legislation this new title includes: covering areas such as finance, care, mental topical aspects of this diverse practice area. health issues and death. The journal provides insights into the full n a commentary by Professor Jeremy range of issues from looking after the Rowan Robinson which places the The book is divided into two parts, looking elderly to personal financial services. It consolidated Town & Country Planning firstly at issues relating to ‘forward planning’ provides all those involved in private client (Scotland) Act 1997 into context and such as powers of attorney and inheritance work with practical advice, comment on ‘hot brings out the key changes introduced tax planning. The book then looks at a topics’ and current awareness. by the Planning etc (Scotland) Act 2006 range of ‘rescue remedies’ for clients facing n a consolidated version of the 1997 Act immediate issues including the death or Scottish Private Client Law Review aids incorporating the significant legislative incapacity of a family member. practitioners who need a broad range of changes introduced by the Planning etc knowledge. It is also ideal for specialist (Scotland) Act 2006 Written by two experienced private client firms, which need to be completely up to n key SSIs practitioners, this book will be an date in order to operate their risk indispensable guide for lawyers, social management systems successfully. Jeremy Rowan Robinson is a retired workers, charities and support groups and Solicitor. others working with the elderly. Coverage includes: asset protection; executry administration and related matters; trusts, The Elder Client: a practical guide covers all general taxation; personal financial the relevant legislation, dealing with the 2009 planning; pensions; looking after the impact of the Adults with Incapacity 978 0 414 01720 7 elderly/older client. (Scotland) Act 2000, the Finance Act 2007 Paperback and the Adult Support and Protection £89.00 Contents include: (Scotland) Act 2007 and its effects on the n Editorial lives of the elderly and their families. n Comment n Practice points Contents n Update n Capacity n Financial services n Wills & Tax Planning n Questions and answers — practical n Trusts scenarios n Assets & Benefits n Case and comment n Advance Directives n Current awareness — recent articles, n Powers of Attorney websites and publications n Operating a Power of Attorney n Alternative Measures to a Power of General Editor: Attorney Heather Thompson is a partner at Turcan n Court Orders: Intervention Orders and Connell. Guardianships n Case Study: Advising on Incapacity Editorial Board: n Elder Abuse Robin Fulton, Ian Clark and Gavin McEwan n The Adult Support & Protection Act 2007 are all partners at Turcan Connell. n Care n Practical Advice for the Elderly Client n Deeds of Variation 1479-0343 n Death 2011 Annual Subscription Price: £180.00 Susan Duff and Fiona McDonald are Solicitors.

2007 978 0 414 01680 4 Hardback £62.00 W_Green_catalogue_2011:Layout 1 09/03/2011 11:28 Page 65

PUBLIC 65

CONSTITUTIONAL THE NEW PUBLIC JUDICIAL REVIEW 3rd Edition MANAGEMENT OF SULI LAWBASICS SCOTLAND: LOCAL The Rt Hon. Lord Clyde Jane Munro GOVERNMENT AND THE and Denis Edwards NATIONAL HEALTH SERVICE Dr Robert Mackie Constitutional LawBasics, 3rd Edition Judicial Review is a systematic treatment of provides students with a study and revision the remedy of judicial review in Scotland. guide covering all the most important Written by an expert in this field, with While always available in the Court of elements of constitutional and extensive management experience, this text Session in Scotland, judicial review’s growth administrative law. provides essential background information in recent years has led to greater attention on local government and the NHS in being paid to its legal and constitutional With LawBasics, there is no longer the need Scotland before taking forward key significance. This book provides a definitive to rely on a combination of scribbles and managerial issues for more in depth statement of the current law on the scope photocopies to make sense of the previous consideration. These issues include and grounds of judicial review and places it term's work. governance and accountability, strategic in its historical and constitutional context. management, partnership working, Essential coverage is provided on: Contents: performance management and n The general principles Part I: The context of judicial review responsiveness. n Key cases n Introduction n Important statutes n The historical context Contents: n Sample questions and answers n The judical context n Understanding the new public n The constitutional context management of Scotland Fully revised and updated to ensure you n Local government and NHS Scotland: have current and topical information, Part II: The new world of judicial review mandates and purposes Constitutional LawBasics is presented in a n The European Union law and judicial n Decision making, functions and services clear, concise and easy-to-use format — the review n Democracy governance and perfect cure for pre-exam jitters. n The Human Rights Act 1998 accountability n The Scotland Act 1998 n Finance and best value Contents: n Management and strategy n The United Kingdom constitution Part III: The scope of judicial review n Partnership working n Westminster n The scope of the supervisory jurisdiction n A dynamic public management n The Scottish Parliament n Jurisdictional limitations n Performance measurement and n The government of Scotland n Locus standi management n The court and the judiciary n Exclusion clauses n Scottish local government and NHS n Principles of constitutional government n Alternative remedies Scotland: Retrospect and prospect n Human rights n Reality, prematurity and delay n Police powers Dr Robert Mackie is a Senior Lecturer in Part IV: The grounds for review Public Management at Glasgow Caledonian Jane Munro, Advocate, is a former Lecturer n The grounds in general University. in Public Law at the University of Edinburgh. n Illegality n The substance of human rights n Breach of prescribed procedures 2005 2005 n Breach of common law procedures 978 0 414 01600 2 978 0 414 01586 9 n Legitimate expectation Paperback Paperback n Misuse of power £36.00 £12.50 n Irrationality and proportionality n Error

Part V: Procedure and remedies n Practice and procedure n Declarator and reduction n Suspension and interdict n Positive remedies

Human Rights Act 1998 Chapter 58 of the Rules of the Court of Session.

The late Lord Clyde was a Lord of Appeal in Ordinary.

Denis Edwards is a Barrister in England.

Published under the auspices of the Scottish Universities Law Institute

1999 978 0 414 01173 1 Hardback £145.00 W_Green_catalogue_2011:Layout 1 09/03/2011 11:28 Page 66

PUBLIC | RATING AND VALUATION | SUCCESSION AND TRUSTS 66 NEW EDITION

PUBLIC LAW ARMOUR ON CURRIE ON CONFIRMATION 2nd Edition VALUATION FOR RATING OF EXECUTORS GREENS CONCISE SCOTS LAW Regular Updates 9th Edition Jane Munro Edited by C. S. Haddow QC GREENS PRACTICE LIBRARY and The Hon. Lord Doherty Eilidh M. Scobbie

The second edition of Public Law by Jane Munro provides comprehensive, up-to-date “A sine qua non for all those who become The 9th edition of this celebrated textbook and accessible coverage of the key areas of involved professionally in rating work.” has been updated to include reference to Scottish public law. It is the ideal text for Journal of Rating and Valuation the rights of civil partners and cohabitees. students, legal practitioners and those working in the public sphere. This valued work enjoys a unique position as With a substantial style bank dealing with a the sole and pioneering Scottish text wide variety of situations, this title will be Coverage includes: encompassing the subject of valuation. an essential purchase for anyone involved in Constitutional law Presented in looseleaf format and benefiting executries. n Sources and foundations from an annual update, no other n Elections publication can offer this information in Coverage includes: n Institutions such depth and in this updateable format. n Domicile n Devolution n Validity of testamentary writings Armour sets out the law in pragmatic n Payments without exhibiting Human rights and civil liberties fashion and can be relied upon by all those confirmation n The Human Rights Act whose remit is in the field of valuation for n Confirmation of executors-nominate n Freedom of information rating, including lawyers, surveyors and n Confirmation of executors-dative n Police powers and public order valuation appeal committees. n The form and procedure in dative n Citizenship, immigration and asylum petitions n Anti-terrorism law An extensive preface and introduction is n Problem groups of executors proceeded by four parts. Coverage within n Preparation of the inventory estate Administrative law these parts includes: n The function of the Sheriff Clerk in n Judicial review granting confirmation n Liability of public authorities Part 1: The machinery of the Scottish n Transmission of trust and executory n Ombudsmen valuation system; administration; the property valuation roll; alteration to the roll; the n Additional inventories and Jane Munro, Advocate, is a former lecturer Assessor of Public Undertakings (Scotland); confirmations in Public Law at the University of Edinburgh. appeals and complaints. n Records — extracts — calendars n Judicial proceedings Part 2: Property entered in the valuation 2007 roll; lands and heritages — the 1854 Act; Eilidh M. Scobbie is a Partner with Burnett & 978 0 414 01669 9 miscellaneous subjects; heritable and Reid in Aberdeen and was formerly a Paperback moveable; unit of valuation; tolls and trade Lecturer in Law at the University of £34.00 profits. Aberdeen.

Part 3: Persons entered in the valuation roll; proprietors; tenants and occupiers; rateable 2011 occupatio; beneficial occupation; Crown 978 0 414 01461 9 property. Hardback c.£140.00 Part 4: Annual values — how estimated; rules for valuation under the 1956 Act; existing value; estimation of annual value in practice; 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 the Supreme Courts.

1 Volume Looseleaf 978 0 414 00750 5 £547.00 Updating releases charged for on publication W_Green_catalogue_2011:Layout 1 09/03/2011 11:28 Page 67

SUCCESSION AND TRUSTS 67

DRAFTING FOR SUCCESSION EXECUTRY TAX PLANNING EXPRESS WILLS 2nd Edition H. Reynold Galbraith FOR SCOTLAND John Kerrigan This new title will help solicitors to advise clients on tax planning in relation to wills Express Wills for Scotland is a powerful yet This highly practical guide to drafting wills and trusts, and will also help solicitors to easy to use CD which generates Wills and powers of attorney has been thoroughly deal with tax issues arising during the automatically from a styles bank when you updated to take into account the following administration of estates. type in information on an individual client. key developments: You simply input information through an The book will be divided into three parts: intelligent, interactive questionnaire, you n Civil Partnerships Act 2004 pre-death, during administration and post- then have the ability to edit and print, n The impact of s.29 of the Family Law death. Within each part, the author will allowing you to complete complex (Scotland) Act 2006, which introduces provide useful ‘tips and traps’ in relation to personalised Wills in less than ten minutes. new cohabitants rights a wide range of tax issues, including income n Tax considerations arising out of the tax, capital gains tax, inheritance tax, Will drafting has never been simpler or more Finance Act 2006 pre-owned assets tax and stamp duty. efficient. Express Wills for Scotland n The introduction of the cumulative/ automatically picks and uses appropriate transferable nil rate band under the Contents include styles from the highly successful Drafting for Finance Act 2008 n Income Tax Succession book by leading expert John n Changes to adult incapacity law n Capital Gains Tax Kerrigan. Guidance notes based on the book introduced by the Adult Support and n Inheritance Tax help to ensure you are using the most Protection (Scotland) Act 2007, including n Pre-owned Assets Tax suitable style for each situation. important new provisions relating to the n Stamp Duty revocation of powers of attorney n Council Tax n Using a question and answer format, n Current Trends in Post-Death Planning Express Wills for Scotland guides you Careless drafting can lead to uncertainty and n Style of Post-Death Deeds through a structured questionnaire — the invalidity of documents. Drafting for n How to avoid Negligence Claims in Tax based on your response, the software Succession 2nd Edition provides detailed determines the next relevant question analysis of the increasingly complex factors H. Reynold Galbraith is a Partner with and takes you automatically to the which practitioners need to taken into Donaldson, Alexander, Russell & Haddow appropriate prompt account when drafting succession and is the author of Scottish Trusts: A n Once the questionnaire has been documents. The new edition addresses Drafting Guide and General Editor of completed, the system automatically difficult points in relation to matters such as Scottish Trusts and Succession. drafts the appropriate Will document, the interpretation of wills, and considers drawing on a comprehensive bank of actual, day-to-day, problems in detail to styles provide the legal profession with an 2009 n You can produce an unlimited range of indispensible reference manual. 978 0 414 01736 8 Wills, of varying complexity, which meet Paperback precisely each of your clients’ needs Contents: £59.00 PART I — Advising Clients Why Make a Will The Draftsman's Responsibility to Third 2006 Parties 978 0 414 01635 4 Information Gathering CD-ROM Marriage, Civil Partnership, Cohabitation £150.00 + £30.00 VAT = £180.00 and Children PART II — Drafting the Will The Islamic Will Capacity and Domicile Interpretation Essential Formalities of Execution Revocation of a Will Executors and Trustees Legacies Trusts Funeral Instructions, Donation of Body, etc Codicils, Deeds of Variation and Precatory Requests PART III — Additional Options to Consider Powers of Attorney, Guardianships and Living Wills Care Homes and Asset Protection PART IV — Appendix of Styles

John Kerrigan is a Partner with Maxwell MacLaurin Solicitors.

2010 978 0 414 01771 9 Hardback + CD-ROM £90.00 + £3.60 VAT = £93.60 W_Green_catalogue_2011:Layout 1 09/03/2011 11:28 Page 68

SUCCESSION AND TRUSTS 68 NEW EDITION

SCOTTISH TRUSTS: MESTON’S SUCCESSION A DRAFTING GUIDE SUCCESSION OPINIONS 2nd Edition 2nd Edition GREENS PRACTICE LIBRARY LAWBASICS H. Reynold Galbraith Edited by: David O’Donnell Alasdair Gordon

Trusts form an increasingly important part of This is a complilation of Professor Meston’s Succession LawBasics 2nd Edition provides will planning in Scotland. There are also succession opinions with rubrics. As very few students with an insightful guide to the strong arguments that inter vivos trusts are succession cases go through the courts, Scots law of succession, trusts and executry, underused and with some advice and making it very hard to gain guidance on including coverage of wills, survivorship and experience more Scottish solicitors would the law, this book is an invaluable reference legal rights. use them. Rennie Galbraith’s book provides source for all those involved in the practical information and a wealth of styles administration of estates. The second edition has an extended section for use on both occasions. Dual qualified, he on executry practice. An excellent piece of has experience of the pioneering way in Contents: background reading, the work is presented which trusts are used in England and will n Construction in a clear and comprehensible fashion and seek to provide the Scottish solicitor with, n Illegitimacy represents an ideal foundation on which the not only improvements on tools in use, but n Intestacy reader can build a greater understanding of additional tools they may wish to use. n Liferents the subjects. n Revocation This title offers innovative ways of using n Title Essential coverage is provided on: trusts to help clients and includes a CD-ROM n Trusts n The general principles of styles fully explained and instantly ready n Validity n Key cases for use. It is a highly functional guide for n Vesting n Important statutes practitioners, with no theoretical jargon, just n Also contains handy sample exam the information you need. David O’Donnell is Professor in Legal Ethics questions and answers and Professional Practice at The Robert Includes Valuable Styles CD-ROM Gordon University. Contents include: You will also receive a CD-ROM of all the n Introduction to succession styles mentioned in the book. At a click of a n Survivorship button you can have the forms, letters and 2000 n Legal rights deeds you need ready for you on screen. 978 0 414 01121 2 n Intestate succession Amend them as appropriate to use in your Hardback n Essential and formal validity own work environment. £272.00 n Common testamentary provisions n Vesting and accretion Contents: n Will substitutes n Introduction and trusts generally n Interpretation of wills n Uses of trusts and their alternatives n The executor’s role and duties n Types of trusts and their alternatives n Trusts n Trust drafting generally n Conditions and powers of trustee Alasdair Gordon was formerly a Lecturer at n Particular types of trust deeds and Aberdeen College. problem solving generally n Conclusion n Appendix 2007 9780 414 01682 8 H. Reynold Galbraith is a Partner with Paperback Donaldson, Alexander, Russell & Haddow £12.50 and is the author of Executry Tax Planning and General Editor of Scottish Trusts and Succession.

2011 978 0 414 01599 9 Hardback and CD-ROM c.£91.00 + £3.64 = £94.64 W_Green_catalogue_2011:Layout 1 09/03/2011 11:28 Page 69

SUCCESSION AND TRUSTS 69

SCOTTISH TRUSTS AND SUCCESSION (SCOTLAND) TRUSTS SUCCESSION SERVICE ACT 1964 LAWBASICS Regular Updates 5th Edition Professor Roderick Paisley General Editor: GREENS ANNOTATED ACTS H. Reynold Galbraith Professor Michael C. Meston Trusts LawBasics provides students with a perfect preparatory guide to the subject as Michael Meston’s Trusts and Succession An exposition of and commentary on the set and explained throughout a Scots LLB. Service brings together the primary and Succession (Scotland) Act 1964. The Act This excellent summary of trusts provides secondary legislation affecting this expansive governs most of the law of intestate clear and concise analysis and contains all area of Scots law. succession in Scotland and has a very the necessary information required for the significant role in the transfer of title to development of a basic understanding of Trusts and Succession Service contains property by the executor. It also made this field of study as pertaining to Scots law. learned narrative annotation of primary important changes of detail to the law legislation, much of which will not be of wills. Essential coverage is provided on: recorded within the Parliament House Book. n The general principles It also provides practical guidance on the The fifth edition takes account of the n Key cases interpretation of the law, together with Requirements of Writing (Scotland) Act 1995 n Important statutes notes showing amendments, substitutions and the Children (Scotland) Act 1995 as well n Also contains handy sample exam and repeals. as recent case law. This edition provides questions and answers even more practical guidance than the The looseleaf format allows for the previous edition as the annotated 1964 Act Contents Include: extensive content to be updated quickly is provided in the appendices; and in the n Introductory concepts and easily, whilst the regular updating of narrative the topic of division of intestate n The common uses of trusts materials guarantees that the publication estates has been significantly expanded n Classification of trusts remains abreast of all future changes in n Parties and properties the law. Michael C. Meston is a former Professor of n Appointment, assumption and Scots Law at the University of Aberdeen. resignation of trustees 2010 coverage included: n Purposes of a trust n Sections from the Income Tax (Trading n Administration of a trust and Other Income) Act 2005, the Income 2002 n Investment duties of a trustee Tax Act 2007 and Schedule 24 of the 978 0 414 01453 4 n Conflict of interest and proper Finance Act 2007 Paperback motivation n The Local Government Pension Scheme £84.00 n Liability of trustees to beneficiaries (Administration) (Scotland) Regulations n Trustees and third parties 2008 n Administration and supervision of n The Local Government Pension Scheme charitable trusts (Transitional Provisions) (Scotland) n Variation of trust purposes Regulations 2008 n Termination of trusts n The Local Government Pension Scheme n Private international law (Benefits, Membership and Contributions) (Scotland) Regulations Roderick Paisley is Professor of Commercial 2008 Property Law at the University of Aberdeen.

H. Reynold Galbraith is a Partner with Donaldson, Alexander, Russell & Haddow 1999 and the author of Executry Tax Planning and 978 0 414 01330 8 Scottish Trusts: A Drafting Guide. Paperback £12.50

1 Volume Looseleaf 978 0 414 01307 0 £420.00 Updating releases charged for on publication W_Green_catalogue_2011:Layout 1 09/03/2011 11:28 Page 70

SUCCESSION AND TRUSTS | TRIBUNALS AND ENQUIRIES 70

TRUSTS: TRUSTS, SUDDEN DEATHS AND FATAL CASES AND MATERIALS TRUSTEES AND EXECUTORS ACCIDENT INQUIRIES James Chalmers 2nd Edition 3rd Edition SULI GREENS PRACTICE LIBRARY W. A. Wilson and A. G. M. Duncan Ian H. B. Carmichael The only casebook on this subject with a uniquely Scottish focus, bringing together a collection of extracts from cases, legislation, ‘‘This is an invaluable book which ought to Sudden Deaths and Fatal Accidents Inquiries authoritative texts and articles. The extracts be immediately to hand for anyone involved is now established as the standard text in are interwoven with detailed commentary, in the ramifications of trusts or the position this field and this new edition continues to which, where possible, draws links and of executors. The first edition established provide a clear and thorough explanation of comparisons across the topics covered. itself as a reliable authority immediately on this area of legal practice. The book takes publication. the practitioner through the process from Trusts: Cases and Materials covers all the start to finish, providing full details of the principal features of the law of trusts, This edition continues the high standard inquiry system and how to deal with each including classification of trusts, their and is an essential work of reference.” stage, bestowing confidence in a situation creation and administration, variation of M. C. Meston, Journal of the Law Society which is an unusual though increasing part trust purposes, liabilities of trustees, of practice. termination of trusts and private The authoritative statement of Scots law international law. relating to trusts, trustees and executors. This timely new edition provides essential This, the second edition, has been fully updates and includes coverage of judicial Trusts: Cases and Materials takes account of revised by A. G. M. Duncan to take account review and the impact of the Human Rights significant legislation including the of all new legislation, in particular, the Act 1998, which are of increasing Requirements of Writing Act 1995, the Law Requirements of Writing (Scotland) Act importance in this area, offering an Reform (Miscellaneous Provisions) (Scotland) 1995. understanding of their impact when Act 1990 and the Recognition of Trusts Act advising clients. 1987. This is an ideal comprehensive Consideration has also been made of all textbook for all those studying the law of major developments in case law impacting This title also takes account of changes to trusts in Scotland, and a handy ready on this area of Scots law. the rules of the Court of Session, completely reference tool for practitioners. updating the previous edition so the Part 1 — The nature, validity, constitution, practitioner can apply the relevant rules Contents include: proof, variation, revocation, and termination with confidence. These additions ensure that n Introductory concepts of trusts cy près. this text remains an indispensable, thorough n Classification and creation of trusts Part 2 — Trustees and their powers, duties and authoritative guide for all those faced n Parties and property and liabilities. with a sudden death and seeking a clear n Appointment, assumption and Part 3 — The law relating to executors. route through the associated legal processes. resignation of trustees n Purposes of a trust W. A. Wilson was formerly Lord President Publishing in the Greens Practice Library n Administration of the trust Reid Professor of Scots Law at the University series this is the only text available on the n Investment duties of trustees of Edinburgh. Scottish inquiry system and includes n Conflict of interest: Auctor in Rem comparisons to the substantially different Suam A. G. M. Duncan was formerly a Writer to English based coroner system, providing a n Liability of trustees to beneficiaries the Signet. highly useful examination of this area of the n Trustees and third parties law. n Administration and supervision of charitable trusts Published under the auspices of the Scottish Contents: n Judicial variation of trusts Universities Law Institute Ltd n Procurator Fiscal and the investigation n Revocation and termination of trusts of death n Private international law n Classes of inquiry 1995 n Before the inquiry James Chalmers is a Senior Lecturer and 978 0 414 01027 7 n The inquiry Director of Postgraduates Studies for the Hardback n The inquiry — practical aspects School of Law at the University of £145.00 n Matters medical — describes the bodies Edinburgh. major systems and most common pathologies n The coroner 2002 n Final thoughts 978 0 414 01337 7 Paperback Ian H. B. Carmichael is an Advocate and was £46.00 formerly a Senior Procurator Fiscal Depute.

2005 978 0 414 01469 5 Hardback £197.00 W_Green_catalogue_2011:Layout 1 09/03/2011 11:28 Page 71

UNJUST ENRICHMENT 71

THE LAW OF RESTITUTION UNJUSTIFIED ENRICHMENT UNJUSTIFIED ENRICHMENT IN SCOTLAND AND SULI 2nd Edition SUPPLEMENT Volume 1 LAWBASICS GREENS PRACTICE LIBRARY Robin Evans-Jones Professor Hector MacQueen William J. Stewart

This welcome addition to the SULI series This text provides all the necessary “Mr Stewart has performed a very valuable seeks for the first time in Scots law to information required for developing a basic function in compiling this work. His book identify and analyse the body of law known understanding of unjustified enrichment. will undoubtably exert considerable as “unjustified enrichment” in which, as Designed as a study and revision tool, this influence both over practitioners in Scotland identified by the Court of Session, the guide approaches the subject in a clear and and the courts.” Law Quarterly Review condictiones represent causes of action and uncomplicated way. restitution and recompense remedies. The neglect of restitution in the Scottish legal Presented in a simple, concise and easy to canon has greatly disadvantaged practitioners This book concentrates on the law of the use format this book provides the perfect in the jurisdiction — very few will therefore condictio which it seeks to elaborate beyond cure for pre-exam nerves. be able to ignore this book. It is also an the foundations laid by recent case law invaluable reference for English lawyers. according to a fundamental distinction Essential coverage is provided on: between two groups of enrichment case: n The general principles W. J. Stewart has untangled the law and set those that arise from deliberate conferral n Key cases it out in its full theoretical and principled (the subject matter of this volume) and all n Important statutes structure, covering all the relevant case law other cases. n Also contains a handy quick quiz and along the way. guidance on further reading The text provides an authoritative and This text makes an attempt to apply comprehensive account of the subject, and Contents include: Professor Birks’ analysis to Scots law will establish a scheme of the precise n Introduction identifying questions of enrichment and features and limits of claims of unjustified n Enrichment cases supporting “unjust factors”. Such an enrichment. n At another’s expense (loss and causation) analysis has now been applied in the first n Unjustified (when enrichment is to be Division in Shilliday v Smith. Robin Evans-Jones analyses the reversed or paid for) This title is supplied with a supplement circumstances in which an obligation of n Defences published in 1995. restitution exists, the basis of each claim, n Remedies and measures of recovery the content of the obligation and its precise n Flowchart of unjustified enrichment in The book covers: limits. two-party cases n Roman basis of the law n Unjustified enrichment and other n Enrichment in Scots law Contents: branches of the law n The unjust concept n General concepts n Negotiorum Gestio n Personal claims and property claims n General issues concerning causes of n Recompense action represented by the Condictio Hector MacQueen is Professor of Private Law n Negotiorum gestio n The claim to recover what is undue at the University of Edinburgh n Restitutionary obligations (Condictio Indebiti) n Prescription n The claim to recover what was conferred n Jurisdiction for a future lawful purpose outwith 2009 n Conflict of laws contract that failed or under a contract 978 0 414 01754 2 that was frustrated (Condictio Causa Paperback The supplement covers: Data Causa Non Secuta) £12.50 n The dramatic changes to the law n Benefits conferred for an immoral or effected by the five judge decision: illegal purpose (Condictio Ob Turpem Morgan Guaranty Trust Company of Vel Iniustam Causam) New York v Lothian Regional Council n The claim to recover what is retained n The Inner House decisions: Connolly v without a legal basis (Condictio Sine Simpson and Zemhurst (Holdings) v Causa) Control Securities n Enrichment n Scottish Law Commission paper: points n “At the Expense of”: Rules determining considered what amounts to a “Direct” enrichment n Reported and unreported cases noted n Remedies and the measure of recovery and discussed n Defences n Updated bibliography Robin Evans-Jones is a Professor of Law at Bill Stewart, formerly a partner in a law the University of Aberdeen. firm, lectured at Stirling University Law School. He wrote and edited a number of Published under the auspices of the Scottish W. Green titles aimed at both legal Universities Law Institute practitioners and students.

2003 1995 978 0 414 01119 9 978 0 414 00997 4 Mainwork and Supplement: £228.00 Volume 1 1995 978 0 414 01118 2 £145.00 Supplement: £70.00 W_Green_catalogue_2011:Layout 1 09/03/2011 11:28 Page i

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AUTHOR INDEX xi

Adie, A. W. 2 Craig, V. & Miller, K. 31 Hall Dick, A. & Cleland, A. 43 Aird, R. & Jameson, N. 9 Craig, V. & Walker, S. 37 Hays, T. E. & Milne, C. C. 59 Anderson, R. N. M. 15 Crawford, E. & Carruthers, J. 59 Hennessy, C. 5, 6 Ashton, C. 36, 48 Cross, S. & Ford, P. 4 Higgins, M. 21 Ashton, C. & Finch, V. 58 Cummins, J. 60 Hope, J., Walker, S. & Clark, I. 11 Auchie, D. 40 Cusine, D. J. & Paisley, R. 22 Hughes, H. 44 Hunter, R. 53 Baddon, K. 31 Dailly, M. 55 Huntley, J. A. K. 16 Ballantine, T. & Hall Dick, A. 42 Dale-Risk, K. & Ewing, K. D. 58 Barraclough, F. R. 2 Davidson, F. P. 10, 39 Irvine, D. & Carey Miller, D. L. 17 Bartos, D., Davidson, F. P. & Dundas, H. 10 Davidson, F. P., Dundas, H. & Bartos, D. 10 Bayley, A. 47 Davidson, F. P. & Macgregor, L. 12 Jack, M. and McNeill, P. G. B. 41 Beaumont, P. R. & McEleavy, P. 59 Doherty, The Hon. Lord & Haddow, C. S. 66 Jackson, G. 14 Bennett, D. 13 Drummond Young, The Hon. Lord & Jameson, N. & Aird, R. 9 Black, G. 12, 15 St. Clair, J. 4 Jamieson, G. 10, 47 Blackie, J. & Reid, E. 8 Duff, S. & McDonald, F. 64 Jamieson, R. & Gray, P. 23 Bowman, E. 21, 62 Duncan, A. G. M. 55 Johnston, David 8 Bradley, I., Brown, A. N., Ferguson, Duncan, A. G. M. & Wilson, W. A. 70 Jones, T. H. & Christie, M. G. A. 23 P. W. & Shiels, R. S. 25, 29 Dundas, H., Bartos, D. & Davidson, F. P. 10 Brand, D. 19, 56 Kendall, F., Malcolm, K. & Kellas, D. 44 Brodie, D. 32, 33, 36 Edwards, D. & Clyde, The Right Hon. Lord65 Kellas, D., Kendall, F. & Malcolm, K. 44 Brough, G. H. 13, 62 Edwards, L. & Griffiths, A. 45 Kerrigan, J. 67 Brown, A. N. 25, 26, 27, 28, 56, 57 Ervine, W. C. H. 9, 15 Kinloch, D. 35 Brown, A. N., Shiels, R. S., Bradley, I. & Ewing, K. D. & Dale-Risk, K. 58 Ferguson, P.W. 25, 29 Evans-Jones, R. 71 Leslie, W. 37 Brymer, S. & Rennie, R. 20 Leverick, F. & Chalmers, J. 27 Farquharson-Black, E., Rowan Robinson, J., Cabrelli, D. 12 Young, E. & Purdue, M. 63 Macaulay, M. & Ramsey, L. 14 Cameron, B. & Reid, S. 6 Ferguson, P. W., Brown, A. N., Shiels, R. S. MacDonald, F. 28 Cameron, G. 33 & Bradley, I. 25, 29 Macfarlane, R. P. & Scott, J. M. 46 Carey Miller, D. L. & Irvine, D. 17 Finch, V. & Ashton, A. 58 Macgregor, L. & Davidson, F. P. 12 Carloway, The Right Hon. Lord 6 Fleming, M. F., McKinlay, J. & Mackay, M. R. & Simon, S. 36 Carmichael, H. M. R. 23 McMillan, A. 55 Mackie, R. 65 Carmichael, I. H. B. 70 Flint, D. 4 MacQueen, H. 52, 71 Carruthers, J. & Crawford, E. 59 Ford, P. & Cross, S. 4 MacQueen, H. & Coulsfield, Chalmers, J. 70 Franks, R. A. & Cobb, D. 61 The Hon. Lord 49 Chalmers, J., Gane, C. H. W. & Stoddart, Fullerton, K. L. 52 MacSporran, A. & Young, A. 39 Sheriff C. N. 22 Maher, G. & Rodger, B. J. 5 Chalmers, J. & Gordon, G. H. 29 Gane, C. H. W., Stoddart, Sheriff C. N. & Malcolm, K., Kellas, D. & Kendall, F. 44 Chalmers, J. & Leverick, F. 27 Chalmers, J. 22 McBryde, W. W. 16 Cherry, J. & Thomson, L. 61 Galbraith, H. R. 67, 68, 69 McDonald, F. & Duff, S. 64 Christie, M. G. A. 24 Gerber, K. S. 17 McEleavy, P. & Beaumont, P. R. 59 Christie, M. G. A. & Jones, T. H. 23 Gibb, A. 16 McInnes, R. 38 Christie, S. 25 Gibb, A. T. F. & Nichols, D. 46 McKenzie, D. 3 Clark, G. B. & Urquhart, L. H. 18 Gibbons-Wood, L. 48 McKinlay, J., McMillan, A. & Clark, I., Hope, J. & Walker, S. 11 Gill, The Rt Hon. Lord 1, 63 Fleming, M. F. 55 Cleland, A. 43 Gordon, A. 68 McManus, F. 38 Cleland, A. & Hall Dick, A. 43 Gordon, G. H. 24 McMillan, A., Fleming, M. F. Cleland, A. & Sutherland, E. E. 44 Gordon, G. H. & Chalmers, J. 29 & McKinlay, J. 55 Clive, E. M. 46 Gordon, W. M. & Wortley, S. 21 McNeill, P. G. B. & Jack, M. 41 Clyde, The Rt Hon. Lord & Edwards, D. 65 Gray, P. & Jamieson, R. 23 Meston, M. C. 69 Cobb, D. & Franks, R. A. 61 Gretton, G. L. & Reid, K. G. C. 17 Miller, A. 57 Collar, N. 63 Grier, N. 2, 11, 12 Miller, K. & Craig, V. 31 Connolly, C. 24 Griffiths, A. & Edwards, L. 45 Milne, C. C. & Hays, T. E. 59 Connolly, J. P. 14 Guthrie, T. 41 Morrison, N. 30 Conway, R. E. 34 Munro, J. 65, 66 Coulsfield, The Hon. Lord & MacQueen, Haddow, C. S. & Doherty, The Hon. Lord 66 H. 49 Hajducki, A. & Stuart, S. 61 Nichols, D. & Gibb, A. T. F. 46 Cowan, S. 3 Hall Dick, A. & Ballantine, T. 42 Norrie, K. McK. 41, 43, 49 W_Green_catalogue_2011:Layout 1 09/03/2011 11:28 Page xii

AUTHOR INDEX xii

Norrie, K. McK.& Wilkinson, A. B. 47 Rowan Robinson, J., Young, E., Purdue, M. Thomson, M. 63 & Farquharson-Black, E. 63 O’Donnell, D. 68 Urquhart, L. H. & Clark, G. B. 18 O’Rourke, S. R. 49 Scobbie, E. M. 66 Vennard, A. & Robson, P. 56 Scott, J. M. 35 Paisley, R. 69 Scott, J. M. & Macfarlane, R. P. 46 Ward, Adrian D. 1 Paisley, R. & Cusine, D. J. 22 Shiels, R. S. 26, 60 Walker, D. M. 9, 60 Paterson, A. A. & Ritchie, B. 54 Shiels, R. S., Bradley, I., Ferguson, P. W. Walker, S., Clark, I. & Hope, J. 11 Paton, Rt Hon. Lady 34 & Brown, A. N. 25, 29 Walker, S. & Craig, V. 37 Purdue, M., Farquharson-Black, E., Simon, S. & Mackay, M. R. 36 Welsh, Sheriff T. 8, 30 Rowan Robinson, J. & Young, E. 63 Simon, S. & Taggart, L. 37 Wiewiorka, E. 58 St. Clair, J. & Drummond Young, Wilkinson, A. B. & Norrie, K. McK. 47 Raitt, F. 40 The Hon. Lord 4 Wilson, W. A. & Duncan, A. G. M. 70 Ramsey, L. & Macaulay, M. 14 Stewart, W. J. 32, 35, 53, 71 Wortley, S. & Gordon, W. M. 21 Reid, A. S. 39 Stoddart, Sheriff C. N., Chalmers, J. & Reid, C. T. 38 Gane, C. H. W. 22 Young, A. & MacSporran, A. 39 Reid, E. C. 31 Stuart, S. & Hajducki, A. 61 Young, E., Purdue, M., Farquharson-Black, Reid, E. C. & Blackie, J. 8 Sutherland, E. E. 42, 45 E. & Rowan Robinson, J. 63 Reid, K. G. C. & Gretton, G. L. 17 Sutherland, E. E. & Cleland, A. 44 Reid, S. & Cameron, B. 6 Rennie, R. 18, 19 Talman, I. J. S. 18 Rennie, R. & Brymer, S. 20 Taggart, L. & Robison, M. 37 Ritchie, B. & Paterson, A. A. 54 Taggart, L. & Simon, S. 37 Robison, M. & Taggart, L. 37 Thompson, H. 64 Robson, P. & Vennard, A. 56 Thomson, D. 27 Rodger, B. J. & Maher, G. 5 Thomson, J. 33, 45, 51, 52 Rowan Robinson, J. 62, 64 Thomson, L. & Cherry, J. 61 W_Green_catalogue_2011:Layout 1 09/03/2011 11:28 Page xiii

TITLE INDEX xiii

100 Cases That Every Scots Law Student Needs to Know, 2nd edn Criminal Law, 4th edn (GCSL) 23 (Law Basics) 49 Criminal Law Bulletin, Greens 25 Criminal Law of Scotland and Supplement, 3rd edn (SULI) 24 Adoption of Children in Scotland, 4th edn 41 Criminal Procedure (Scotland) Act 1995, 10th edn 25 Adult Incapacity 1 Currie on Confirmation of Executors, 9th edn 66 Adults with Incapacity Legislation 1 Annotated Rules of the Court of Session 2010–2011, Greens 5 Data Protection Act 1998 58 Antisocial Behaviour Legislation 41 Debt Legislation 3 Antons Private International Law, 3rd edn (SULI) 59 Delict (SULI) 33 Arbitration (SULI) 10 Delict, 4th edn (GCSL) 32 Arbitration (Scotland) Act 2010 10 Delict, 4th edn (Law Basics) 33 Armour on Valuation for Rating 66 Dilapidations in Scotland, 2nd edn 55 Art of Family Law: Skills for Successful Practice 42 Domestic Abuse and Scots Law 44 Drafting for Succession, 2nd edn 67 Banking Law in Scotland 11 Bankruptcy, 2nd edn 2 Education Law in Scotland 35 Bankruptcy & Diligence etc. (Scotland) Act 2007 2 Elder Client: A Practical Guide 64 Bankruptcy and Mercantile Statutes 2009/2010, Greens 3 Employment Law, 2nd edn 36 Bribery Act 2010 26 Employment Law: An Introduction, 3rd edn 37 Business Law Bulletin, Greens 13 Employment Law Bulletin, Greens 37 Business Law in Scotland, 2nd edn 12 Employment Tribunal Practice in Scotland, 2nd edn 37 Enforcement of Heritable Securities 21 Casebook on Delict, 2nd edn 35 Environmental Law in Scotland (SULI) 38 Casebook on Scottish Criminal Law, 4th edn 22 European Union, 4th edn (Law Basics) 39 Charities and Trustee Investment (Scotland) Act 2005 4 Evidence, 3rd edn (Law Basics) 40 Child Abuse, Child Protection and the Law 43 Evidence (SULI) 39 Child and Family Law, 2nd edn 42 Evidence: Cases and Materials, 3rd edn 40 Child Centred Family Law Practice 43 Evidence—Principles, Policy and Practice (GCSL) 40 Children (Scotland) Act 1995, 2nd edn 41 Executry Tax Planning 67 Children’s Hearings in Scotland, 2nd edn 43 Express Wills for Scotland 67 Children’s Rights in Scotland, 3rd edn 44 Civil Jurisdictions in the Scottish Courts 5 Family Law, 2nd edn (GCSL) 45 Civil Practice Bulletin, Greens 6 Family, 2nd edn (Law Basics) 45 Civil Procedure and Practice, 3rd edn (GCSL) 6 Family Law Bulletin, Greens 46 Cohabitation, 2nd edn 44 Family Law Reform 45 Commercial, 4th edn (Law Basics) 11 Family Law Reports, Greens 46 Commercial Agreements in Scotland: Law and Practice 12 Financial Provision on Divorce and Dissolution of Civil Partnerships 47 Commercial Law in Scotland, 2nd edn 12 Commercial Leases in Scotland: A Practitioners Guide 17 Gloag and Henderson: The Law of Scotland, 12th edn 49 Commission and Diligence 39 Glossary of Legal Terms, 5th edn (Law Basics) 49 Company Law, 3rd edn (GCSL) 13 Greens Weekly Digest 50 Compulsory Purchase and Compensation: The Law in Scotland, 3rd edn 62 Halliday’s Conveyancing Law and Practice in Scotland, Confidentiality, Personality and Privacy in Scots Law (SULI) 31 2nd edn (SULI) 18 Confiscation and Civil Recovery—A Guide to the Proceeds of Crime Housing Law Reports, Greens 55 Act 2002 23 Human Rights, 2nd edn (Law Basics) 56 Constitutional, 3rd edn (Law Basics) 65 Human Rights Act 1998 57 Construction Law (GCSL) 14 Human Rights and Scots Law (GCSL) 58 Construction and Procurement Law 14 Human Rights in Scotland: Text, Cases and Materials 58 Consumer Law in Scotland, 4th edn 15 Contract, 3rd edn (Law Basics) 16 Inchoate Crimes 25 Contract: Cases and Material, 2nd edn 16 Intellectual Property Law in Practice 59 Contract of Employment (SULI) 36 International Private Law: A Scots Perspective, 3rd edn 59 Conveyancing, 4th edn 17 Introduction to Construction Law in Scotland 14 Conveyancing in the Electronic Age 20 Introduction to the Law of Health and Safety at Work in Scotland, Corporate Manslaughter and Corporate Homicide Act 2007 23 2nd edn 31 Corporeal Moveables in Scots Law, 2nd edn (SULI) 17 Criminal, 4th edn (Law Basics) 24 Judicial Review (SULI) 65 Criminal Defences and Pleas in Bar of Trial (SULI) 27 Juridical Review 51 W_Green_catalogue_2011:Layout 1 09/03/2011 11:28 Page xiv

TITLE INDEX xiv

Land Tenure and Tenements Legislation, 3rd edn 19 Reparation Legislation 32 Land Tenure in Scotland 18 Reparation: Liability for Delict 32 Law of Agricultural Tenancies in Scotland, 4th edn 1 Representing Drug Offenders 28 Law of Contract in Scotland, 3rd edn (SULI) 16 Residential Tenancies, 3rd edn 56 Law of Corporate Insolvency in Scotland, 4th edn 4 Road Traffic Sentencing Referencer 30 Law of Husband and Wife in Scotland, 4th edn (SULI) 46 Law of Restitution in Scotland and Supplement 71 Science of Family Law: Tools for Successful Practice 42 Law, Practice and Conduct for Solicitors 54 Scots Dimension to Cross-Border Litigation 9 Law Relating to Parent and Child in Scotland, 2nd edn (SULI) 47 Scots Law for Journalists 38 Law Society of Scotland Directory of Expert Witnesses 2010 54 Scots Law into the 21st Century 52 Legal Research Skills for Scots Lawyers, 2nd edn 52 Scots Law Times 50 Licensing (Scotland) Act 2005, 2nd edn 60 Scots Law Times Index (1961–1990) 53 Litigation Styles: Family Actions and Adoption 7 Scots Law Times Index (1991–2002) 53 Litigation Styles, Greens 6 Scots Private Law 52 Scottish Civic Government Licensing Law, 3rd edn 61 MacPhail’s Sheriff Court Practice, 3rd edn (SULI) 8 Scottish Contemporary Judicial Dictionary 53 MacRoberts Scottish Liquidation Handbook, 4th edn 4 Scottish Conveyancing Legislation 20 Maximising Criminal Injuries Compensation 31 Scottish Criminal Law 30 McEwan & Paton on Damages for Personal Injuries in Scotland 34 Scottish Debt Recovery: A Practical Guide 3 McEwan & Paton: Personal Injury Practice (CD) 34 Scottish Education Manual 36 Mental Health and Scots Law in Practice, 2nd edn 61 Scottish Family Law Legislation 47 Mental Health (Care and Treatment) (Scotland) Act 2003 61 Scottish Human Rights Journal, Greens 57 Meston’s Succession Opinions 68 Scottish Human Rights Service, Greens 57 Miller on Partnership, 2nd edn (SULI) 62 Scottish Land Law, 3rd edn (SULI) (2 Vols) 21 Money Laundering 26 Scottish Landlord and Tenant Legislation 56 Scottish Lawyer’s Factbook 53 Nature Conservation Law, 3rd edn 38 Scottish Legal System, 3rd edn (Law Basics) 60 New Public Management of Scotland: Local Government and the Scottish Legal System: An Introduction to the Study of Scots Law, National Health Service 65 8th edn 60 Scottish Planning Encyclopedia 63 Offensive Weapons, 2nd edn 26 Scottish Planning Factbook, Greens 62 Scottish Planning Law and Procedure (SULI) 63 Parliament House Book 51 Scottish Social Work Legislation 48 Personal Bar (SULI) 8 Scottish Surveyor’s Factbook 21 Personal Injury Practice in the Sheriff Court, 3rd edn 34 Scottish Trusts and Succession Service 69 Planning, 3rd edn 63 Scottish Trusts: A Drafting Guide, 2nd edn 68 Pleading in International Arbitration: A Complete Practitioner’s Sentencing Practice 30 Guide 11 Servitudes (SULI) 22 Practical Advocacy in the Sheriff Court 5 Sexual Offences (Scotland) Act 2009 27 Practical Guide to Adjudication in Construction Matters 15 Sheriff Court Rules, Greens 7 Practical Guide to Rent Review of Agricultural Holdings in Scotland 2 Small Claims Handbook, 2nd edn 9 Practice Styles, Greens 7 Social Work Law in Scotland, 2nd edn 48 Prescription and Limitation of Actions, 6th edn 9 Solicitors Professional Handbook 2010–2011, Greens 54 Prescription and Limitations (SULI) 8 Summary Applications and Suspensions 10 Prisons, Prisoners and Parole 27 Succession, 2nd edn (Law Basics) 68 Private Client Law Review 64 Succession (Scotland) Act 1964, 5th edn 69 Private Limited Companies: Formation and Management, 3rd edn 13 Sudden Deaths and Fatal Accident Inquiries, 3rd edn 70 Proceeds of Crime 28 Promised Land: Property Law Reform 19 Town and Country Planning (Scotland) Act 1997 64 Property (Law Basics) 19 Trayner’s Latin Maxims, 4th edn 55 Property Law Bulletin, Greens 18 Trusts: Cases and Materials 70 Public Law, 2nd edn (GCSL) 66 Trusts (Law Basics) 69 Trusts, Trustees and Executors, 2nd edn (SULI) 70 Regulation of Investigatory Powers in Scotland 28 Rennie’s Opinions on Professional Negligence in Conveyancing 20 Understanding Scots Law 48 Renton and Brown’s Criminal Procedure, 6th edn 29 Unjustified Enrichment, 2nd edn (Law Basics) 71 Renton and Brown’s Criminal Procedure Legislation 29 Unjustified Enrichment (SULI) 71 Renton and Brown’s Statutory Offences 29 Unreported Property Cases 22 Reparation Bulletin, Greens 33 Reparation Law Reports, Greens 35 Woolman on Contract, 4th edn (GCSL) 15 W_Green_catalogue_2011:Layout 1 09/03/2011 11:28 Page xviii