SCOTS LAW 2021 edinburghuniversitypress.com SCOTS LAW Contents Scots law 3 Scottish legal history 12 Roman law 15 Energy law 17 Scots law textbooks 19 How to order 26 Letter from the team Our Scots Law list that has grown considerably in recent years resulting in our wonderful 2021 catalogue. As the only dedicated Scots Law publisher based in Scotland, we are committed to delivering exceptional texts to advance your studies, research, teaching and practice. Let’s delve into this year’s offerings! We’ve been busy updating and developing our textbook range for the next generation of legal practitioners. Check out Roman Law for Scots Law Students from Craig Anderson (page 21) and don’t miss the long-awaited new edition of Delict: A Comprehensive Guide to the Law in Scotland (page 20). You’ll find new updates and additions to the Edinburgh Law Essentials series: new editions of our guides to delict, criminal law and the Scottish legal system plus a brand-new guide to environmental law (pages 24–5). And last but not least, we have the latest batch of Avizandum Statutes – now also in ebook to support remote learning (page 23)! If you’re teaching, you can request your inspection copies on our website: https://edinburghuniversitypress.com/scots-law For working lawyers, we have new guides for 2021: Evictions in Scotland by Adrian Stalker (page 3), Scottish Arbitration Handbook from David R. Parratt, Angela Grahame and Peter Foreman (page 7) and McGowan on Alcohol Licensing Law in Scotland by Stephen J. McGowan (page 8). As well as keeping you up-to-date for the present, we continue to delve into our legal history. We are delighted to add to our flagship comparative law series, Edinburgh Studies in Law, with the publication of Authorities in Early Modern Law Courts edited by Guido Rossi (page 10). Kenneth McK. Norrie’s A History of Scottish Child Protection Law will make a fascinating addition to your bookshelf as it traces how the law and practice of child protection in Scotland has developed (page 13). We hope you enjoy browsing our catalogue. And if you’re working on a book in Scots Law or Scots Law in its comparative context, Laura our Commissioning Editor, would love to hear from you. Send her an email at [email protected]. Laura Sarah Foyle Fiona Conn Bekah Dey Naomi Williamson Editorial Production Design Farmer Editorial Marketing Cover image credit: iStockphoto Scots Law: https://edinburghuniversitypress.com/scots-law 2 SCOTS LAW Evictions in Scotland 2nd Edition Adrian Stalker, Advocate Your complete guide to the recovery of possession of residential property in Scotland Adrian Stalker sets eviction law in context by providing an outline of the development of Scots law in relation to it and analysing the complex statutory schemes regulating security of tenure. In particular, he examines the prerequisites for obtaining an order for possession under the Housing (Scotland) Acts 1988 and 2001 and an eviction order under the Private Housing (Tenancies) (Scotland) Act 2016. • Concentrates on the issues that arise most frequently in eviction cases • Updated to cover changes to the law since the 2007 edition, with new chapters on tribunal procedure, eviction proceedings under the 2016 Act, and public law, human rights and Equality Act defences • Written by an advocate with 20 years’ experience in housing law, including 7 years as the Principal Solicitor of Shelter Scotland’s Housing Law Service Paperback £85 | $110 November 2020 616 pages 9781474482165 Also available in ebook Dilapidations and Service Charge Denis J. Garrity, Advocate Lorna Richardson, Solicitor and University of Edinburgh Examines the law governing repairing obligation and dilapidations claims arising under commercial leases An understanding of the basics of dilapidations law is essential for commercial lease negotiation. This clear and practical book gives a thorough exposition of the law governing dilapidations in Scotland. • Covers the underlying common law; important cases; how to interpret a lease; remedies for breach of repairing obligation; common parts and service charge; and dispute resolution • Shows how to avoid common pitfalls when first negotiating a lease • Explains how developments in contract law and the rules of interpretation of contracts have affected how a court will interpret or construe a lease in the event of dispute • Looks at how changing occupier requirements and reduced occupier demand has led to closer scrutiny of the liabilities of outgoing tenants and of the intention of landlords with regard to redevelopment and/or re-letting of a property Paperback £45 | $60 October 2019 152 pages 9781474473903 Also available in ebook Scots Law: https://edinburghuniversitypress.com/scots-law 3 SERIES Scotland’s Land Series Editor: Annie Tindley, Newcastle University https://edinburghuniversitypress.com/series/slf Presents the latest scholarly work on Scotland’s land issues – past, present and future Predominantly focusing on the history of Scotland’s economic, political, social and cultural relationships to land, landscape, country houses and landed estates, it also brings in cutting edge, interdisciplinary approaches to explore new methodologies and perspectives around this contentious but stimulating issue. Available in the series Land Reform in Scotland History, Law and Policy Edited by Malcolm Combe, University of Strathclyde, Jayne Glass, Scotland’s Rural College and University of Edinburgh Annie Tindley, Newcastle University A stimulating review of contemporary land reform in Scotland • Offers a holistic approach to land reform in Scotland • Draws on case studies of land policies in the UK, mainland Europe and the USA to allow comparison and contextualisation of Scottish land reform with other models • Examines the significance of right to property on the land reform process and looks at how it is now being used as an impetus for economic and social rights reform Land reform is as topical as ever in Scotland. Following the latest legislative development, the Land Reform (Scotland) Act 2016, this landmark volume brings together leading researchers and commentators working in law, history and policy to analyse the past, present and future of Scottish land reform. It covers how Scotland’s land is regulated, used and managed; why and how this has come to pass; and makes some suggestions as to the future of land reform. Paperback £19.99 | $24.95 February 2020 384 pages 9781474446853 60 b&w illustrations Also available in hardback & ebook Scots Law: https://edinburghuniversitypress.com/scots-law 4 SCOTS LAW New in paperback Scotland’s Foreshore Public Rights, Private Rights and the Crown 1840–2017 John MacAskill, University of Edinburgh The story of the Crown’s challenge to Scottish foreshore ownership • An account of the Association of Seaboard Proprietors of Scotland • An examination of the crucial role played by the Association, its law agents and counsel, and of the deliberations and opinions of Crown lawyers and officials over the handling of foreshore cases • An insight into the background for the potential for conflict between the public interest and financial considerations in relation to the management of the foreshore • An examination of the different motivations of the Crown and proprietors, and the importance, for proprietors, of the ‘sacred and inviolable’ right of private property Paperback £24.99 | $29.95 May 2020 272 pages 9781474436922 Also available in hardback & ebook The Land Agent 1700–1920 Edited by Lowri Ann Rees, Bangor University, Ciarán Reilly, Maynooth University Annie Tindley, Newcastle University Explores the role of land agents in Britain and its imperial territories between 1700 and 1920 This book brings together leading researchers of British and Irish rural history to consider the role of the land agent, or estate manager, in the modern period. Land agents occupy a controversial place in academic historiography as well as popular memory in rural Britain and Ireland. Reviled in social history narratives and fictional accounts, the land agent was one of the most powerful tools in the armoury of the British and Irish landed classes and their territorial, political and social dominance. By unpacking the nature and processes of their power, The Land Agent explores who these men were and what was the wider significance of their roles, thus uncovering a neglected history of British rural society. Paperback £19.99 | $24.95 November 2019 272 pages 9781474438872 Also available in hardback & ebook Scots Law: https://edinburghuniversitypress.com/scots-law 5 SCOTS LAW Common Good Law 2nd Edition Andrew C. Ferguson, Solicitor and Notary Public A clear and practical guide to the sale and purchase of local authority property in Scotland • A clear and practical guide to the sale and purchase of local authority property in Scotland – the only book to deal with this neglected area of Scots property law • Covers: historical background; administration of common good fund; classification; disposals; and taking cases to court • Essential reading for local authority practitioners, those acting for purchasers of local authority property, and community councils and their advisers Common good is a topic that can lie dormant for many years but then, as several local authorities have found to their cost, produce difficulties for the unwary. This second edition includes discussion of the important recent case of Portobello Park Action Group Association and of the changes made by the Community Empowerment (Scotland) Act 2015 and the Land Reform (Scotland) Act 2016. Paperback £35 | $44.95 March 2019 176 pages 9781904968979 Also available in ebook Crofting Law Land Registration Derek Flyn & Kenneth Reid & Keith Graham George Gretton Pb Pb £125 | $165 £95 | $125 2017 2016 288 pages 464 pages 9781904968313 9781904968702 Local Planning Housing Law in Reviews in Scotland Scotland Andrew C. Ferguson & Peter Robson John Watchman Pb Pb & Ebook £38| $49.95 £50 | $65 2015 2011 224 pages 424 pages 9781904968078 9781845861117 Scots Law: https://edinburghuniversitypress.com/scots-law 6 SCOTS LAW Scottish Arbitration Handbook A Practitioner’s Guide, 2nd Edition David R.