Avizandum Publishing - Book Details

Local Planning Reviews in Scotland
Ferguson, A
Avizandum Publishing Ltd
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Local Planning Reviews in Scotland is the first book about the system for local planning appeals established by the Planning etc (Scotland) Act 2006. That Act provides that, where local planning decisions have been determined initially by an officer of the local authority, dissatisfied applicants have a right of appeal to a panel of local councillors – a local review body (‘LRB’).

Both before and after the new framework came into operation in 2009, there have been significant criticisms of the law underpinning it, and of the structure and operation of local planning reviews. This book sets out the genesis of the new system and provides a step-by-step guide through the process.

Local Planning Reviews in Scotland:

  • explains policy considerations and legislative background;
  • describes potential pitfalls for those advising LRBs and applicants alike;
  • outlines the review process;
  • gives guidance on how to present and consider an application for planning permission;
  • considers the human rights and other procedural issues;
  • explores further avenues for redress open to an applicant.

 This is a practical and accessible guide for all those involved in planning decisions, including applicants for review and their agents; planning authorities; government officials; local government officers; solicitors; surveyors; architects; and planning consultants.

Hajducki Civil Jury Trials
Hajducki, A
Avizandum Publishing Ltd
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Civil juries remain the primary method by which damages for solatium in Scotland are calculated. In recent years they have regained a measure of popularity and have retained and expanded their role. Civil Jury Trials sets out everything the practitioner needs to know about the law and practice governing a case that goes to jury trial. It sets the subject in its historical context and then takes a chronological approach to the subject.

It covers:

  • proof or jury trial
  • initial procedure
  • the trial
  • appeal and review

Updates on the law and practice of civil jury trials are available on the author’s website www.civiljurytrials.com.
Andrew Hajducki is in practice at the Scots Bar.

Civil Jury Trials (3ed)
Hajducki, A
Avizandum Publishing Ltd
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Andrew Hajducki’s Civil Jury Trials is the only book dedicated to the law and practice governing the conduct of a case that goes to civil jury trial in Scotland. The subject is set in its historical context and the text then covers the progress of a case from choosing the mode of inquiry, through initial procedure and trial, to appeal and review. The use of the civil jury in Scotland has waxed and waned over the years, but the institution remains an integral part of the administration of justice, particularly in the determination of personal injuries awards. Civil jury trial was reintroduced into the sheriff court in 2015, after a long absence, and a specialised Personal Injuries Court has been established. Other recent developments include juries being given, for the first time, judicial guidelines on the
computation of damages for non-patrimonial loss. This new edition discusses important recent cases such as Hamilton v Ferguson Transport (Spean Bridge) Ltd; Thomson v Dennis Thomson Builders Ltd and the appeal in Sheridan v News Group Newspapers and covers the new rules of court for the Personal Injuries Court and the Sheriff Appeal Court.

This is a comprehensive and accessible treatment of the subject with extensive citation of authority, and a handy appendix of jury awards. It will be an invaluable guide to all those who practise in the Scottish courts.

‘The whole thing is, in the opinion of this reviewer, a tour de force’ – review of 2nd edition

The Nobile Officium
Thomson, S
Avizandum Publishing Ltd
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The Nobile Officium of the Court of Session and the High Court of Justiciary is an ancient but elusive concept. The equitable jurisdiction of the Supreme Courts of Scotland continues to be relevant and useful today but its scope and limitations are poorly understood. This is the first book to systematically examine the Nobile Officium. Placing it in its historical and conceptual context, the book explores the development and application of the Nobile Officium in such diverse areas as:

  • Trusts
  • Judicial factors, curators, tutors and guardians
  • Bankruptcy, insolvency and sequestration
  • Custody of children
  • Public officers
  • Statutory omissions
  • civil procedure
  • Criminal law and procedure

This ambitious text provides original and informative commentary and analysis for practitioners, teachers and students of Scots law.

“A work of real scholarship which makes a significant contribution to the literature on Scots law.” Lord Hope of Craighead

Stephen Thomson is an Assistant Professor at the Faculty of Law, The Chinese University of Hong Kong.

Avizandum Statutes on the Scots Law of Property, Trusts & Succession (14ed) 2017-2018
Steven, A
Avizandum Publishing Ltd
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Avizandum Statutes on Scots Property, Trusts and Succession Law contain the main statutory provisions relating to both heritable and moveable property, as well as to trusts and succession law, in Scotland. All important provisions regulating post-feudal land law in Scotland are present.

Key contents include:
• Requirements of Writing (Scotland) Act 1995
• Land Reform (Scotland) Act 2003, Part 1
• Title Conditions (Scotland) Act 2003
• Charities and Trustee Investment (Scotland) Act 2005
• Land Registration etc (Scotland) Act 2012
• Succession (Scotland) Act 2016

Statutes are FIRM SALE, no returns accepted.

Ferguson Common Good Law
Ferguson, A
Avizandum Publishing Ltd
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Common good law has come to prominence in recent years as Scottish councils increasingly seek to raise revenue by promoting development of council-owned land. As several local authorities have found to their cost, proposals involving common good land and assets, particularly in regard to disposal, often bring them into conflict with local communities.

This is the only book to deal with this neglected area of property law. It covers:

  • historical background
  • administration of common good fund
  • classification of common good property
  • disposals of common good property
  • taking cases to court

Common Good Law provides local authority practitioners, those acting for purchasers of local authority property, and advisers to community councils with a clear and practical guide to the law.
Andrew Ferguson is a local authority solicitor.

Land Registration
Reid, KGC
Avizandum Publishing Ltd
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The law governing the Land Register of Scotland is substantially recast by the Land Registration etc (Scotland) Act 2012, which came fully into force on 8 December 2014. In addition, the 2012 Act provides for the phasing out of the Register of Sasines, a register of deeds which has been in continuous use for the last 400 years. The Scottish Government’s target is for all titles to have migrated from the Register of Sasines to the Land Register by 2024.

These momentous changes are the subjects of the present book. After introductory chapters tracing the history of land registration in Scotland from its beginnings in the sixteenth century until modern times, Professors Reid and Gretton provide a detailed and authoritative guide to the new law as set out in the 2012 Act and in the numerous statutory instruments made under that Act. Among the topics covered are:

  • the structure and contents of the Land Register
  • plans and the cadastral map
  • applications for registration
  • the completion of the Land Register by 2024
  • advance notices
  • inaccuracies and their rectification
  • realignment of rights
  • the Keeper’s warranty
  • liabilities of those using the land registration system
  • examination of registered titles
  • positive prescription anda non dominodispositions

 Kenneth Reid is Professor of Scots Law in the University of Edinburgh and George Gretton is Lord President Reid Professor of Law Emeritus in the University of Edinburgh.

Nothing So Practical as a Good Theory: Festschrift for George L.Gretton
Steven, A
Avizandum Publishing Ltd
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Professor George Gretton’s contribution to legal scholarship in Scotland and beyond over the last forty years has been immense. "He has shown us how to live the scholarly life", his  longstanding friend and colleague, Professor Kenneth Reid writes in the foreword. "There is a brilliance and vitality to his writing and a distinctiveness of voice that mark it out as work of exceptional quality." Professor Gretton’s interests are varied and wideranging. As a teacher he is held in affection by generations of students. His period of service as a Scottish Law Commissioner from 2006 to 2011 was a distinguished one, which culminated in the enactment of the Land Registration etc (Scotland) Act 2012. He is well known to the legal profession in Scotland for his annual conveyancing lectures with Professor Reid.

This book marks Professor Gretton’s retirement in 2016 as Lord President Reid Professor of Law in the University of Edinburgh. Contributions have been made by colleagues and friends from academia, the judiciary and legal practice. They are collected within subject areas of particular interest to him, including the law of obligations, the law of property, the law of succession and the law of trusts. The essays include both discussions of Scots law and the law of other jurisdictions, including France, Germany, Louisiana, Quebec and South Africa, as well as a reflection by Professor Gretton himself. The volume will be of interest to his former students, to his academic and professional colleagues and to private lawyers everywhere.