We are delighted to be returning to the Hilton Glasgow for the first in our Scots Law 2024 Conference Series, exclusively available to delegates in person on the day.
Our new conference, chaired by David Steel of Harper Macleod, will consider where tailored advice can provide practical solutions for clients, discuss how risk can be successfully managed and update delegates on key regulatory and court developments.
An expert panel of speakers will join David, including the Scottish Law Commissioner David Bartos, Ken Gerber from Mitchells Roberton, Alan Eadie of DAC Beachcroft, Brodies’ Neil Collar, Christian Marney of Ampersand Advocates, Lisa Conway from The Coal Authority and Lynne Johnstone & Nikki Duke of Registers of Scotland. Topics will include rent review, termination of leases, managing risk, buying land for development in former coalfield areas, mineral leases, the forthcoming RCI deadline and helping English clients with their Scottish property projects.
What's being covered?
Ending the lease: the Scottish Law Commission’s proposals
What happens at the end of a lease? Should the process differ for retail tenants? And if so how? In its 2022 Report the Commission proposed important reforms to tacit relocation and notices to quit. Now it’s consulting on tenants’ rights under the Tenancy of Shops (Scotland) Act 1949. Commissioner David Bartos offers a look into the future and invites your thoughts.
David Bartos, Scottish Law Commission
Helping English clients with their property projects in Scotland
Clients often ask for their English property documents to be "kilted". What differences in the Scottish planning system need to be taken into account? This session will cover: consent/appeal procedures; varying consents; planning agreements; biodiversity; community infrastructure levy; enforcement procedures; and the use classes order.
Neil Collar, Brodies
Real risks of real estate – professional indemnity claims in commercial property and how to handle them
In this talk, Alan will draw on over 25 years of experience as one of the select panel of solicitors appointed by Insurers for the Law Society of Scotland Master Policy Scheme to identify some existing and potential pitfalls for the unwary commercial property lawyer, offer some risk management tips to avoid a PI claim arising and provide practical guidance on some lines of defence that may be available to anyone unfortunate enough to be on the receiving end of a claim.
Alan Eadie, DAC Beachcroft
Rent review – market value and inflation linked – drafting and pitfalls to watch out for
In this session we will: summarise PSG inflation linked rent review clauses; outline traps for the unwary in non PSG inflation linked clauses; and provide updates on inflation linked review clauses as well as consider other recent rent review cases.
Ken Gerber, Mitchells Roberton
Mining masterclass - buying land for development across the Scottish Coalfields
In this presentation we will be exploring what to look out for and how the Coal Authority uses it’s information and expertise to support customers to make confident decisions when developing land across the coalfields.
Lisa Conway, The Coal Authority
Mineral Leases - the essentials
In spite of the demise of the coal industry, there is still considerable activity in the quarrying sector in Scotland. David Steel’s presentation will focus on the main issues in relation to prospecting agreements and mineral leases, including rents and royalty payments, tenants’ termination rights, restoration and aftercare with particular emphasis on the landlords’ and the planning authority’s requirements for a suitable restoration bond/security.
David Steel, Harper Macleod
Register of Persons Holding a Controlled Interest in Land (RCI)
If your client is a registered owner of land or property in Scotland, or a registered tenant with a lease of more than 20 years, and someone else has a controlling interest in that property – they’re under a legal duty to register in the RCI by 1 April 2024, or risk being fined up to £5,000. This presentation will highlight features in the RCI service to help you input the data easily and efficiently such as copy function and Associate Reference Number reuse. We will demonstrate examples relevant to your client groups, and also explain how you can manage existing submissions when circumstances change.
Nikki Duke & Lynne Johnstone, Registers of Scotland
Property case law update
In this session we will consider the most significant cases over the last 12 months, the decisions taken in those cases and the possible impact for practitioners.