The nuts and bolts of commercial real estate
£200 + VAT (member) / £250 + VAT (non-member)
We are delighted to be returning to the Hilton Glasgow* for the first in our Scots Law 2025 Conference Series, exclusively available to delegates in person on the day.
Our new conference, chaired by David Steel of Harper MacLeod, will cover a range of topics from current commercial negotiation techniques and ensuring consistency between heads of terms and leases to the impact of recent case law and risk management for commercial property lawyers. The Scottish Law Commissioner, David Bartos, will deliver the keynote session. The conference will also include presentations from Isobel d'Inverno of Brodies, Gavin MacColl KC, Caroline Summers from Harper MacLeod, Ken Gerber of Mitchells Roberton, Lisa Conway & Phil Holder from the Coal Authority and Matthew Thomson & Anna Forsyth of Lockton.
Questions to be considered will include
- how will proposed legislation impact on existing and future leases?
- are heads of terms really set in stone?
- how can commercial property lawyers reduce and manage their risk?
- what are the current commercial aspects to consider when negotiating property transactions?
What's being covered?
Leases (Automatic Continuation etc) (Scotland) Bill: a glimpse into the future coming soon
The most radical changes of how to terminate a commercial lease for over 100 years are being considered by the Scottish Parliament. The Leases (Automatic Continuation etc) (Scotland) Bill will modernise the law on tacit relocation, notice to quit, shop tenancies, irritancy procedure and other processes in terminating a commercial lease. The Bill will implement both the Scottish Law Commission Report in 2022 and the forthcoming report on the Tenancy of Shops (Scotland) Act 1949. Law Commissioner David Bartos explains the key features, and how it will impact on leases existing and future.
David Bartos, Scottish Law Commission
Heads of terms – set in stone or an opportunity/duty to advise and renegotiate?
In the pre-digital age the only way a tenant could find a new commercial property to lease would be to appoint an agent to search the market and negotiate a deal. Now, with landlord agents listing and advertising properties online many businesses are opting to save money by cutting out on appointing a surveyor and dealing with the landlord or their agent direct. As a result, commercial property lawyers are often being asked to review and are having to raise concerns about commercial heads of terms after the parties have shaken hands on a deal. This is a tricky issue for lawyers in that they do not know the property and do not want to be seen to be re-negotiating heads of terms. In this session we will discuss the circumstances in which it would be remiss not to flag or re-negotiate certain points.
Caroline Summers, Harper Macleod
LBTT and ADS update
Isobel d'Inverno, Brodies
Risk management and commercial lease lessons
This session will focus on key areas of professional risk in commercial leasing and cover topics such as rent reviews, dilapidations and break clauses in commercial leases. It will include examples of Master Policy claims together with suggestions of steps that commercial property lawyers can take to reduce and manage their risk in this area.
Matthew Thomson & Anna Forsyth, Lockton
Can you dig it…?! Yes you can!
Join the Coal Authority for an interactive and thought provoking session as they have a look at what a successful development across the Scottish coalfields looks like. In this session they will explore the critical aspects of land development and demonstrate how a Coal Authority Consultants' reports can support a safe, well informed development. The Consultants Coal Mining Report pinpoints any significant past coal mining activity, or legacy management that could impact your client’s site. The Coal Authority provides follow-up reports and consultancy, including permitting and planning conditions to assist with managing due diligence and client relationships. With over 23,000 recorded mine entries sitting across the Scottish coalfields, it's vital to understand the potential issues that could impact your client's site and surrounding areas. Learn how to protect your clients and safeguard your reputation from those who proactively manage mining legacy.
Lisa Conway & Phil Holder from the Coal Authority
Property case law update
This presentation will review the main cases decided over the past 12 months of interest to commercial property lawyers. It will consider the issues raised in those cases and the consequences, for both clients and practitioners, of the decisions taken.
Gavin MacColl KC, Themis Advocates
Commercial considerations in 2025
In this session we will discuss the current commercial aspects to consider when negotiating property transactions generally and commercial leases specifically.
Ken Gerber, Mitchells Roberton
*A reduced parking rate of £10 per car is available onsite at the hotel. A code will be issued during the conference which can be entered into the pay station when paying before leaving the car park.
