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Taken from over twenty five years in advising on roads matters, this work provides an up-to-date guide to roads law in Scotland, focussing on how roads law impacts on the development of land. It considers the key characteristics of a road and how roads are distinguished from other rights in land such as public rights of way, servitudes and access rights. It considers the circumstances in which roads can be created, the extent of roads (both ho...

This book provides a practical, user-friendly guide to help navigate the various intricacies and potential pitfalls involved in amending statements of case or changing the composition of the parties. There are few factors in civil litigation of more fundamental importance than who is bringing it, who is defending it, and how they frame their respective cases. Whether due to inadvertence, a miscalculation of strategy, or simply because of the e...

This book focusses on the main grounds and key issues that most frequently arise in possession claims brought by the providers of social housing against their occupiers who enjoy varying degrees of security, ranging from licencees, to probationary and introductory tenants, to fully assured and secure tenants. It covers all stages of proceedings starting with pre-action conduct, such as compliance with the relevant pre-action protocol, notice r...

This practical guide is intended for practitioners seeking to navigate disputes involving easements and restrictive covenants. In the context of easements, this book addresses the creation of easements, liability, extinguishment of easements and remedies, with a particular focus on the issues that are most likely to be encountered in practice. Further, it also explores common freehold covenants, how these can be enforced, modified or dischar...

Intended for busy solicitors and surveyors, 'A Practical Guide to Alienation, Alteration and User Covenants in Commercial Property' provides an efficient guide to the workings of these important covenants. Each type of covenant is dealt with in its own standalone chapter, highlighting the key legislative provisions and case law as well as discussing the practical issues likely to be encountered in practice. The book also explains the principle...

Data insecurity can cripple businesses. The Information Commissioner makes large organisations pay fines of millions of pounds for data security breaches. Google and others have had to face the possibility of representative actions claiming compensation for data breaches on behalf of millions of users. This book is written for both organisations and individuals. It brings together the legislation, policies and procedures needed to navigate e...

Grandparents have become more and more involved in the lives of their grandchildren, yet their legal position is still vague and uncertain. This useful new updated guide sets out what remedies are available and what action grandparents can take should they become caught up in family breakup or disharmony. The author has represented and advised grandparents in both private and public law proceedings over many years. Topics covered include: Gra...

While the state has extensive powers and duties in relation to state-funded education, independent schools largely sit outside that regime on condition that they meet prescribed standards. 'A Practical Guide to the Independent School Standards' introduces the standards from a rights-based perspective and explains their role in connection with registration and inspection of independent schools. Busy practitioners are signposted to the key guida...

The current state of the law regarding material contribution in clinical negligence appears complicated and uncertain. This book charts the evolution of material contribution as a concept in causation from its original application in occupational disease cases to its more recent analysis in the context of clinical negligence. As with many areas of common law, the courts have attempted to define the factual characteristics of cases where mate...

This book provides the context as to why the Family Court in England and Wales approaches awards of maintenance in the way that it does. The law remains as set out in Section 25 (as amended in 1984) of the Matrimonial Causes Act 1973. The book looks at why there have been so many apparently different approaches as to its implication since 1973. It includes a review the history of maintenance in this jurisdiction to give a context as to how we ...

Artificial Intelligence remains a complex and rapidly evolving technology. Since the second edition of this book, Generative AI models such as ChatGPT have made a seismic impact on the AI industry and society as a whole. Legislative and policy initiatives move closer to finalisation, particularly the EU's groundbreaking Artificial Intelligence Act which is likely to have a global impact on regulation of AI and machine learning systems. In a fa...

International parental child abduction is the wrongful removal or retention of a child across national borders, without the consent of those with parental responsibility or court permission. It is generally contrary to the welfare of a child to be uprooted in such a manner, and thus it is in the interest of that child to be returned to the country of his or her habitual residence so that issues relating to custody or access can be resolved the...

Disputes over commercial service charges are increasing in number each year. The inherent conflict of interest between landlords and tenants has led it to be a heavily litigated area with recent cases being of concern for both parties. This book aims to provide an introduction to commercial service charge with an overview of the matters that need to be considered when dealing with service charge disputes. It provides insight into the applica...

The Mental Health Act 1983 is an Act that saves lives. But in order to do that, it gives the state powers to take control of people in a way that most of us would think should be reserved for those who commit the most serious of crimes. The deprivation of a person's liberty and freedom is the most arbitrary course of action a state can take. Individuals suffering from mental disorders have no control over their diagnosis, or the symptoms that ...

For a number of years, consecutive Secretaries of State for the Home Department have increasingly used their powers to deprive individuals of their British citizenship. The use of those powers was recently brought to the public's attention through the widespread publicity of the case of Shamima Begum and the political debate arising out of section 10 of the Nationality and Borders Act 2022, which provides the power to deprive without notice. ...

Family law is an immensely wide-ranging subject where no individual area has escaped some kind of statutory or procedural change over recent years. This handbook is aimed at the family law trainee and paralegal, but is a reference book for all family law practitioners. It is intensely practical and gives advice to all who work in the field of family law. This book begins with the law firm: where the practitioner works, who works there and wh...

A sea-change is coming for commercial leasing. As the climate emergency gathers pace, the pressure is on for the property sector to get its house(s) in order. And for all the column inches on potential regulation or absent top-down policy, it is fast understanding that its contractual relationships, particularly its green leases, will be key to concreting environmental ambitions and ESG expectations into its real estate. To be properly impac...

Advising educational establishments on their rights and responsibilities as an Employer is an increasingly complex and specialist area, particularly with the drive towards academisation, multi-academy trusts and the ever-increasing legislative burden of safeguarding and governance. Based on both authors' extensive experience in this area, this text provides a practical approach to advising on employment issues for Schools of whatever variety...

Social housing providers collect and store information about the huge number of individuals they serve, so a clear understanding of both the legislation and the practicalities of handling personal data is critical. Unfortunately, there are many myths about data protection, from needing consent to process any personal data, to organisations being prevented from helping vulnerable people due to data protection laws. These myths, and more, are ...

This book is a comprehensive but practical guide for all of those working in inquest law - from those instructed in their first case right through to those who have been practising for years, or coroners conducting their own inquests. It is neither a purely pragmatic guide, nor is it an academic dive into inquest law. It is both. Accordingly it is designed to answer the most likely questions any practitioner or coroner will have, from the pr...