Scots Law 2020 – the leading conference & exhibition series Hilton

The Conveyancing Conference Sponsored by: 9th March, 9.30am - 5.00pm 6 hours CPD

Chair: Professor Kenneth C Ross, Loch Lomond & the Trossachs National Park Authority Access rights under the Land Reform (Scotland) Act 2003 Plans and consequences • Extent of rights and limits of rights • Registers Plans Reports • Creelman v and Bute Council • Real life examples of Plans Reports and adverse matters • Forbes v Council • What to consider when remedial action is required • Manson v Council • Requirements for new deed plans • Core paths and other paths Derek Hand, First Scottish • When is a garden not a garden? Professor Kenneth C Ross, Loch Lomond & the Trossachs National Park Authority Professional indemnity insurance for solicitors in Scotland • The Importance of risk management Enforcement of missives • The potential for conflict of interest in conveyancing transactions Alan McMillan, • Examples of claims against solicitors working in conveyancing transactions • Actions to reduce risk Common good law - perils and pitfalls Matthew Thomson, Lockton • What is common good, exactly? • When is something inalienable? The Private Housing (Tenancies) (Scotland) Act 2016 • Title issues and the Common Good Register • New Model Tenancy Agreements • Missive issues - court authority • Restrictions on rent review • The new consultation regime and community empowerment • Rent Pressure Zones Andrew C Ferguson, Fife Council • Termination of leases • The role of the First-tier Tribunal for Scotland Land and Buildings Transaction Tax • 2 years on – what are the issues? • Meaning of residential property Adèle Nicol, • Multiple Dwellings Relief • Tricky Additional Dwelling Supplement issues Buying and selling property at auction • Other recent developments • Buying property at an auction – buyer beware Isobel d’Inverno, • Selling property at an auction – an easy option? • Peculiarities of auction sales • RICS Standard auction conditions – and the PSG kilted version Ann Stewart, Shepherd & Wedderburn

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The Personal Injury Conference 9th March, 9.30am - 5.00pm 6 hours CPD Chair: Iain Nicol, Balfour & Manson Damages in non-accidental claims Personal injury trusts – the essentials • Child abuse • What is a personal injury trust? • Rape • Uses and benefits • Harassment • Types of trusts Kim Leslie, Digby Brown • Tax treatment • Practical arrangements (such as accounts, tax, costs etc). Expenses update Susanne Batchelor & Jessica Flowerdew, Brodies • The new regulations on: • Damages Based Agreements Employment reports: loss of employability and future wage loss • Qualified One Way Cost Shifting • Why instruct an expert employment report? • Expenses awards against legal representatives • What is an employment expert? • Taxation of expenses • What instructions does an employment expert require? • Update on court decisions on expenses • What papers does the expert need? Iain Nicol, Balfour & Manson • What doesn’t the expert need? • What is, or should be, contained in an employment report? Accidents on board air and sea Gordon Cameron, Gordon Cameron Partnership • What law applies? • What is an accident? Industrial disease update • What are the time limits? • Key recent decisions • Is there a limit to the compensation? • Impact of those decisions • Does foreign law help or hinder? • Advice for personal injury practitioners Mark Harvey, Hugh James • Current issues affecting non-asbestos industrial disease cases Claire Campbell, Thompsons Quantum update • Important recent cases • Impact on practice • Other forthcoming issues to look out for Gavin Thornley, Compass Chambers

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The Family Law Conference 9th March, 9.30am - 5.00pm 6 hours CPD

Chair: Kate Dowdalls QC, Scottish Law Commission Scottish Law Commission - family law reform Understanding domestic abuse and the applicable law in family • The work of the Scottish Law Commission proceedings • Family law reform in Scotland and elsewhere 2018/2019 • What solicitors need to know about domestic abuse. • The Scottish Law Commission family law reform project: • Overview of the law in relation to obtaining protective orders timing and approach • Overview of the Children (Scotland) Act 1995 when there are domestic • The content of phase 1: cohabitation law reform abuse issues Kate Dowdalls QC, Scottish Law Commission • Exploring the best options for clients • The impact of the Domestic Abuse (Scotland) Act 2018 What is a child? Helen Hughes, McAuley, McCarthy & Co • A young human being below the age of puberty or below the age of legal majority Financial provision upon separation of adult relationships • Legal majority ...a minefield? • Financial provision on divorce/dissolution under the Family Law (Scotland) • Thirty years on from the UN Convention on the rights of the child where Act 1985 are we now? • Financial provision for cohabitants under section 28 of the Family Law • The voice of the child... is it being heard in our legal system? (Scotland) Act 2006 • Are children ‘moral actors in their own right’/should they be? • The definition of ‘cohabitant’ in section 25 of the Family Law (Scotland) Act • Childhood and divorce? The impact. Are lawyers facilitators of harm? 2006 Lisa Girdwood, Brodies • The Scottish Law Commission’s upcoming reform of the cohabitation regime Cohabitation and unjustified enrichment Dr Alan Brown, University of Glasgow • The law after Shilliday v Smith • The law after the Family Law (Scotland) Act 2006 s28 of the Family Law (Scotland) Act 2006 and cohabitation • Reform? • Time limit for claims Professor Hector MacQueen, The University of Edinburgh • The purpose of and test for awards under sections 28(2)(a) and (b) • The range of remedies available Contractual issues in family law • Resources • Drafting agreements that are robust Marie Clark, Arnot Manderson • Challenging those that aren’t • New law including third party rights Alison Edmondson, SKO Family Law Specialists £180 + vat (Members)/£280 + vat (Non-Members)

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The Contract Law Conference 9th March, 9.30am - 5.00pm 6 hours CPD

Chair: Brandon Malone, Brandon Malone & Company

Identifying competition law issues Penalty clauses and liquidated damages update • Common competition law considerations in contract • An overview of the law on penalty clause pre the Supreme Court decision • Most favoured customer clauses: where are we? of Makdessi v Cavendish Square • Online retailing restrictions • Discussion of the Supreme Court decision in Makdessi v Cavendish Square • Recent major cases and what they mean for contracts and ParkingEye v Beavis Michael Dean, • Post Cavendish and Parking Eye – where are we now? Lauren Rae, Thorntons Entering into, and enforcing, international contracts • Entering into cross-border contracts Boilerplate clauses • Choice of court clauses, and choice of law clauses, in cross-border contracts • Notice clauses • Jurisdiction issues in cross-border contractual disputes • Good faith clauses • Enforcing foreign judgments in cross-border contractual disputes • Endeavours clauses Dr Kirsty J Hood QC, Themis Advocates • Variation clauses • General points for consideration Contracts and artificial intelligence - hype or help? Eoghann Green, Brodies • Artificial intelligence and the augmented document drafter • Artificial intelligence and due diligence/document review Caselaw – the 5 most important recent cases • Artificial intelligence’s place in the world of disputes • Cases recently decided Sam Moore, Burness Paull • Impact of these cases in practice • Pointers for practitioners Blockchain and smart contracts Catherine MacColl, Themis Advocates • Cryptocurrency and the origins of blockchain • Current smart contract applications • Resolving “disputes” under smart contracts • The future of smart contracts and the end of lawyers? Brandon Malone, Brandon Malone & Company

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The Employment Law Conference 9th March, 9.30am - 5.00pm 6 hours CPD

Chair: Lindsey Cartwright, Morton Fraser

Employment in the care sector Harassment • Working time issues in the care sector (recent case update) • What is harassment? • National Minimum Wage compliance • How to manage complaints of harassment • Care sector and zero hours workers/atypical workers • Update on recent harassment cases • PVG Scheme and the care sector • Other strands of discrimination to be aware of • Regulatory issues – the role of the SSSC and the Care Inspectorate Ingrid McGhee, Weightmans Noele McClelland, Thorntons Data protection for employers as the dust settles on the GDPR panic! Advising senior executives and directors • Privacy notices and legal bases for processing personal data • Negotiating the service agreement • Data sharing: can we still do it and how to make it fair • Duties, responsibilities and liabilities • Data subject rights and exemptions • Planning an exit – from the executive’s view • Personal data breaches and when to report • Planning an exit – from the employer’s view • Surveillance • Where to litigate Laura Irvine, Davidson Chalmers Stewart Catherine Greig, Greig Employment Law Employment litigation: a claimant’s perspective Unfair dismissal - the interaction between employment rights and • Identifying claims and managing expectations criminal allegations • Calculating time limits following early conciliation • Considerations for employers • Valuation and schedules of loss • Suspension and initial steps • Preparing for the hearing and obtaining evidence • Problems with investigations and the burden of proof Michael Briggs, Thompsons • Reputational issues • Unfair dismissal and the interaction with frustration of contract Lindsey Cartwright, Morton Fraser

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The Criminal Law Conference 10th March, 9.30am - 5.00pm 6 hours CPD

Chair: Sheriff Raymond McMenamin

Child and vulnerable witnesses Civil recovery: strategy, practice and enforcement • ‘The vision’ • Overview on the work and strategic objectives of the Civil Recovery Unit • Sexual offence causes reform • Opportunities and challenges afforded to law enforcement by the Criminal • Joint investigative interviews – finally fit for purpose? Finance Act 2017 • Evidence on commission • The amendments the 2017 Act introduces to the civil recovery regime in • Ground rules hearings Scotland • Training the lawyers Martin Collins, Civil Recovery Unit, Crown Office Frances McMenamin QC, Black Chambers Parole - from Maconochie to Worboys Bribery and corruption • The development of parole • What are the offences? • Procedure • Relevant caselaw • Tests for release • Information that you require • Worboys • Advising your client • Future developments • Developing lines of defence Ian Bryce, Parole Board for Scotland Alasdair Gillies, BTO Sexual offences – developments in law, procedure, and punishment Police station interviews • Image-based sexual abuse: the Abusive Behaviour and Sexual Harm Stuart Munro, Livingstone Brown (Scotland) Act 2016 • The use of mobile and online technologies to record the commission of Role of the medical expert sexual offences, and implications for sentencing • Duty is to court not to the Crown/defence • Sentencing offences involving indecent images of children • Beware confirmation bias • Sentencing historic offences and the aged offender • Opinion must be evidence based not emotional/personal • The work of the Scottish Sentencing Council: current guidelines and • Severity of injuries - based on clinical assessment, not potential outcomes forthcoming guidelines on sexual offences Dr Michael O’Keefe, University of Glasgow Dr Graeme Brown, Durham University

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The Elderly Client Conference Sponsored by: 10th March, 9.30am - 5.00pm 6 hours CPD

Chair: John Kerrigan, Blackadders Power of Attorney – complex challenges Case studies in executry risk management • What are the challenges? • Maximising the estate when dealing with non-UK listed Shares • Issues arising from real case examples • Locating all the beneficiaries • What can we take from those? • Ensuring only the entitled receive a share of an intestate estate • Possible solutions • Insurance solutions to protect Executors Sandra McDonald, Ex-PG • Ways to avoid arguments over costs when outsourcing to a specialist Simon Barber, Title Research Contentious executries update • Overview of parties’ interests Will drafting for the older client • Overview of the solicitor’s position • Capacity • Overview of recent cases and points for practice • Vulnerability – an older client may not be incapax but may be vulnerable Roddy MacLeod, Terra Firma Chambers • Freedom of testation • Will it be possible to disinherit children completely in the future? Acting as a financial guardian • The difficulties which can arise where an elderly client has an adult child • Duties of the guardian (may be middle aged) who has learning difficulties or difficult (for example, • Role of the adult and family members spendthrift) personality traits • What information do you need from the client? John Kerrigan, Blackadders • External information and the commissioning of reports • Particular pitfalls to avoid Financial scams and the impact on the elderly Alison Hempsey, TC Young • A growing problem • The impact Tax planning for elderly clients – is it ever too late? • Current common scams • Reminder of basic inheritance tax rules, reliefs and exemptions • Advice & guidance for your clients • Planning opportunities with 7+ years to death • Case studies • Planning opportunities with 2+ years to death • How Victim Support Scotland can help • Death bed planning opportunities Alison Love, Victim Support • Planning opportunities after death Andrew Paterson, Murray Beith Murray

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The Corporate Conference 10th March 2019, 9.30am - 5.00pm 6 hours CPD Chair: Andrew Meakin, Morton Fraser Navigating tax issues on corporate sales Company caselaw update • Buyer and seller tax considerations • Cases recently decided • Role of tax warranties and indemnities • Impact of these cases in practice • Dealing with input from tax advisers • Pointers for practitioners • Stamp duty traps Gavin MacColl, Themis Advocates • Dealing with employee options • The international dimension Drafting and negotiating guarantees Karen Davidson, Brodies • When a family business is different from an owner managed business • Ask the question - why are you in business together? Intellectual property in corporate transactions • Organising good governance • Overview of intellectual property for corporate lawyers – identifying • Succession and transition different types of intellectual property Graham Bell, Wright Johnston & Mackenzie • Conducting intellectual property due diligence and sources of information • Relationship between intellectual property and employees Owner-managed businesses and succession planning • Overview of key intellectual property warranties • When a family business is different from an owner managed business Joanna Boag-Thomson, Shepherd & Wedderburn • Ask the question - why are you in business together? • Organising good governance Interpreting accounts – a guide for corporate lawyers • Succession and transition • Fundamental concepts – common sense Graham Bell, Wright Johnston & Mackenzie • Profits vs cash – demystified • Borrowing and leveraging understood • Company tax – what do the figures mean? • Checklist of top ten matters to check and why Gareth Magee, Scott-Moncrieff

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The Commercial Property Conference Sponsored by: 10th March 2018, 9.30am - 5.00pm 6 hours CPD Chair: David Steel, Planning reform – implications for commercial property ‘Abra Cadastral’ – spells to remedy boundary disputes • New approaches to plan-making, including local place plans and 10 year • What causes boundary disputes? review cycles • What remedies are available, including: • National housing targets • self-help • Master plan consent areas • The Keeper of the Registers of Scotland • Agent of change principle • corrective conveyancing court • Short term holiday lets • Lands Tribunal for Scotland • Permitted development rights • Real examples of previous cases • Infrastructure levy and land value capture Andrew Upton, Harper MacLeod Neil Collar & Victoria Lane, Brodies Policy wording - how interesting can it be? Property case law update John Logan, Stewart Title • Most significant recent cases • Issues considered Recent updates on LBTT and points for commercial practitioners • The outcome of those cases • Technical guidance round-up • Practical considerations arising from the decisions • ‘Complex’ Leasing - issues with some standard leasehold transactions and Ewen D Brown, Terra Firma Chambers how to deal with them • Updates on group and sub-sale reliefs Rent review update • Additional Dwellings Supplement – not just a ‘residential’ tax Kenneth Gerber, • Penalties • Update on the policy framework for devolved taxes consultation Mineral leases and prospecting licences Deborah Lovell, Anderson Strathern • The anomalous nature of the mineral lease • Issues regarding rent and royalty payments Current trends and topical issues in commercial leasing • What are minerals? • What effect has the economy and Brexit had on commercial lease terms • Who grants the minerals lease if the minerals are owned separately from • Break clauses the land? • Uninsured risk damage clauses • Typical tenants’ rights and obligations • Yielding up and dilapidations provisions • Typical landlords’ rights and obligations • Documenting personal concessions - are back letters on the way out? • Restoration provisions • Green clauses David Steel, Harper Macleod • The Scottish Model Commercial Lease David Bell, Harper Macleod £180 + vat (Members)/£280 + vat (Non-Members)

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The Licensing Conference 10th March 2019, 9.30am - 5.00pm 6 hours CPD

Chair: Scott Blair, Terra Firma Chambers

Update on minimum unit pricing Recent licensing caselaw and other developments • What is minimum unit pricing and how did we get here? • Update - Scottish licensing caselaw • How does it work in practice? • Update - English licensing caselaw • Why the controversy? • Is there (still) a European dimension to licensing caselaw? • Minimum unit pricing – is it working? • Areas of future legal challenge • The future of minimum unit pricing Scott Blair, Terra Firma Chambers Frances Ennis, Civic Government update Insolvency & property – when licensing law interacts • Public processions - the current position and going forward • What to do when an “insolvency event” occurs • Sexual entertainment venue licensing • The difficulties around dissolution • Current issues in taxi licensing • The role of the licensing board/authority when: • Boat hirers licensing • The landlord and tenant relationship breaks down Raymond Lynch, West Council • Securities and charges are enforced Andrew Hunter, Harper Macleod The 2005 Act Fit and Proper Test - deconstructed • The origin of fit and proper Gambling law update 2020 • Comparison with other licensing regimes • A review of recent changes to the Gambling Commission’s Licence • How ‘fit and proper’ fits into the 2005 Act structure conditions and codes of practice (LCCP) • The licensing objectives ‘nexus’ • Dos and don’ts of premises licence applications Stephen McGowan, TLT • Licensing of lotteries/raffles • Evaluating compliance of licensed premises from a local authority perspective Michael McDougall, TLT

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