The Commercial Property Conference at Scots Law 2023

We are delighted to be returning to Murrayfield Stadium for the next in our Scots Law 2023 Conference Series, exclusively available to delegates in person on the day.

Real estate lawyers have to cope with an ever-changing landscape as economic and legal developments inevitably impact their clients' requirements. Our comprehensive new conference, chaired by Professor Kenneth Ross of Loch Lomond and Trossachs National Park, will look at the practical concerns this provides practitioners as well as considering the effect on your advice going forward.  

An expert panel of speakers will join Kenneth, including Deborah Lovell of Anderson Strathern, Brodies' Matt Farrell, Ken Gerber of Mitchells Roberton, Scott Manson from Axiom Advocates and Susan Williams of the Scottish Legal Complaints Commission with Ryden's Dr Mark Robertson providing a keynote Scottish property market update.

Questions to be considered will include:

• what does the current Scottish Property Market tell real estate lawyers?
• what is the test for material breach and how does it operate in the context of commercial real estate contracts?
• what should commercial practitioners be aware of in relation to LBTT?
• what do all parties need to consider when seeking landlord’s consent to assignation, sub-letting, and tenant’s works?
• what is the impact of prescription on property related claims and transactions?
• how can you recognise and deal better with the risk of complaints?

What's being covered?

Ryden Scottish property market update  

This session will provide an assessment of the Scottish economy with a particular focus on residential development and investment, office markets, industrial property markets and investment property.

Dr Mark Robertson, Ryden

Material breach and terminating real estate contracts

Sometimes the market changes and one party wants out of a contract – an agreement for lease, an option to purchase or some other development agreement.  In that case, it will look for breaches of the contract that are material enough to allow it to be terminated.  But establishing material breach is not easy.  It is not a binary exercise.  And there are different paths the journey can follow – repudiation, recission to name but two.  We'll look at recent case law and consider what the test is for material breach and how it operates in the context of commercial real estate contracts.

Matt Farrell, Brodies

LBTT: points of awareness for commercial practitioners

This comprehensive session will consider: leases, residential v non residential, ADS (with a reminder that it’s not just a ‘residential’ tax); uncertain/contingent consideration and claims to defer; options; reliefs (group and sub-sale reliefs); penalties; and recent updates/cases.

Deborah Lovell, Anderson Strathern

Landlord’s consent to assignation, sub-letting, and tenant’s works – points for all parties

This session will cover points that the parties need to consider, including unreasonable withholding of consent, guarantees versus rent deposits, what happens with any back letters, lender’s consent, partial sub-letting, irritancy protection agreement for sub-tenants, revising draft assignations and disregarding tenant’s works in a licence for works.

Ken Gerber, Mitchells Roberton

Misconceptions in time – prescription and claims for damages

The law of prescription continues to prove controversial and misconceptions continue to abound. Its impact on property related claims and transactions is well documented. Scott Manson will address some of the misconceptions about which practitioners ought to be wary and comment on whether new legislation will cure the perceived problems.

Scott Manson, Axiom Advocates

Coping with complaints

Susan Williams will share some insight from the SLCC on the most common causes of complaints about property work, explore some case studies and suggest some practical tips to help you recognise and deal better with the risk of complaints.

Susan Williams, Scottish Legal Complaints Commission