Business Premises Online CPD

Join Charles Hay for a round-up and review of issues in acquisitions and disposals in commercial property. Cases reviewed include:  J H &W Lamont of Heathfield Farm & Ors v Chattisham Limited, Commodity Solutions Services Ltd v First Scottish Searching Services Ltd, Catherine Fraser and George Fraser v George McDonald and Marjory McDonald, John Eric Dunlea, Louise Rohan v James Edward Cashwell, Wendy Cashwell, William Paterson Pollock and Others v Drogo Developments Ltd, Application by Rubislaw Quarry Aberdeen Limited 5 January 2018, Application by Inchcolm Land Limited in relation to area of land at Aberdour Road/Kirkton Road, Burntisland 16 May 2018

Gain an update on:

• Standard Securities
• Searches
• Servitudes
• Sorting out title conditions
• Statute: Community right to buy abandoned, neglected or detrimental land, Digital Economy Act 2017, Electronic Communication Code
• Other considerations: Land value capture and challenges, Register of Persons Holding a Controlled Interest in Land, Dreamvar

Speaker:

Charles Hay, Managing Associate, Brodies LLP
Charles brings a wealth of experience to the real estate department including retail unit leasing, acquisitions and disposals and provides the highest service to his clients. One of his clients is a high street retailer with over 100 shops in Scotland.
Charles has a particular interest in medical centres and surgery developments as he acts for one of the UK's largest developers of GP premises. He has also been instructed by a number of GP practices in the development and leasing of new premises as well as being on the panel of solicito

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Join Karen Hunt and Rachel Oliphant from Pinsent Masons for a review of commercial leasing issues and relevant case law including:

• Dilapidations
• Scottish model commercial lease
• Rent apportionment on termination
• LBTT and 3 yearly rent reviews
• Notices
• Looking to the future

Speakers:

Karen Hunt, Legal director, Pinsent Masons
Karen specialises in investment and asset management work.

Rachel Oliphant, Senior practice development lawyer, Pinsent Masons
After seven years practising as a commercial property solicitor in England and Scotland (primarily involved in development and retail work) Rachel became a practice development lawyer, ensuring that knowledge gained within the team is shared firm wide and readily accessible in the future. Rachel focusses on retail, housing, and development and regeneration tracking trends and developments in these areas which will affect our clients. Rachel is a founding member of the Property Standardisation Group which was created in 2001 by four leading Scottish firms to produce agreed forms of documents and procedures for Scottish commercial property transactions for the benefit of the profession as a whole. The PSG won awards for innovation and has provided a valuable resource for the profession in times of rapid changes in property law and procedure. Rachel is a member of the Scottish Property PSL Group and co-chairs a liaison group between the PSL Group and the Registers of Scotland.

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Since the first edition of Common Good Law was published, there have been several key developments. Most notably, the Portobello Park case has led to a change in the law relating to appropriations of common good property. The Community Empowerment (Scotland) Act 2015 has recently imposed new requirements on local authorities to publish a common good register and consult on any proposed disposals or changes of use of such property. This webinar will cover these developments and others, whilst giving an overview of where the law stands now.

Join Andrew Ferguson, author of Common Good Law and solicitor, Fife Council to gain insight on:

• Update on recent case law, including Capacity Building Project and East Renfrewshire;
• What the Land Reform (Scotland) Act 2016 changes mean for councils seeking to use common good land differently;
• The inherent issues in creating common good register, and what a successful consultation might look like;
• How to carry out a straightforward disposal of common good property in the light of the 2015 Act changes.

Who should watch?
This webinar will be of particular interest to property and litigation lawyers from both the public and private sector advising local authorities on common good matters. A degree of specialist knowledge is required in relation to local authority property matters; however, Andrew will give a brief introduction to the subject area for those new to it.

Learning Outcomes:

• Greater insight into the current law on disposal and appropriation of common good property;
• Understanding of the requirements of the 2015 Act as regards creation of a common good register;
• Understanding of the new requirements relating to consultation in the context of the 2015 Act provisions;
• Insight into what issues remain to be clarified going forward on common good law.

Speaker:

Andrew Ferguson, author of Common Good Law and solicitor, Fife Council
Andrew Ferguson is a solicitor with some 29 years’ local authority experience. His roles in Fife Council, which contains 26 former burghs, has given him a unique insight into common good law. He has given evidence to Scottish Parliament committees on the topic on four separate occasions.

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Join Matthew Farrell of Brodies to consider the latest developments in dilapidations. Cases and matters discussed include: Dem-master Demolition Ltd v Healthcare Environmental Service Ltd, Grove Investments Ltd v Cape Building Products Ltd, Mapeley Acquisition Co Ltd (In receivership) v City of Edinburgh Council, @Sipp Pension TRS v Insight  Travel Services Ltd, Tonsley 2 Trust v Scottish Enterprise.

You will gain insight on:

• To keep or to put?
• Schedule of condition
• Diminution in value
• Payment obligations
• Dilapidations with other uses: Break notices, withholding consent, common parts

Speaker:

Matthew Farrell, Partner, Brodies LLP
Matthew deals with complex and high value real estate disputes for a wide variety of clients, from property funds and corporate occupiers to developers and public bodies. He is especially well known for top end dilapidations disputes, having acted in the leading cases of Grove Investments Limited v Cape Building Products Limited and @SIPP Pension Trustee Limited v Insight Travel Services Limited. He also lectures on dilapidations at Glasgow Caledonian University.

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Join Nick Kirby from Mischon de Reya to reflect creatively on your client offering in commercial property practice. Nick has been named in The Lawyer Hot 100 2018 within the 'disruptors' category, hailing those on the front line of legal tech. 'In recent years Mishcon de Reya has made a name for itself as a technology-focused business and, when it comes to real estate, none of its lawyers are more engaged than Nick Kirby.' In 2019, Nick was named as one of the top 10 most innovative lawyers in Europe by the Financial Times.

Learning outcomes:

• What is PropTech?
• The role of a Real Estate Technology Specialist
• LegalTech: driving innovation
• LegalTech: the future
• PropTech:update
• PropTech: the future • Challenges

Speaker:

Nick Kirby, Managing Associate, Mischon de Reya
Nick is a Managing Associate in the Real Estate department. He specialises in commercial real estate work, dealing with investment acquisitions and sales for institutional and private clients, development work, management work and acting for both landlords and tenants. Nick also has experience acting on real estate focused corporate acquisitions.
Nick acts for a number of retailers and occupiers such as Gymbox, Miniclip, Quiksilver, Prada, Hunter Boot and other office and shop occupiers. He has also advised in relation to a new music studio for well-known producer and DJ Mark Ronson, and has acted for tenants on restaurants and clubs in Dover Street, a famous TV chef and high end mobile phone brand Solarin.
Nick is a mentor for the start-ups taking part in MDR LAB, and one of Mishcon de Reya's Tech Champions. As part of this role, he has built technology products which help the Real Estate department automate various tasks. This includes Solaris, an in-house application which pulls data from the Land Registry, and Mishcon Maps, which visualises key internal and client data on a map, both of which launched in 2017. Nick is also working with a number of clients to facilitate the automatic exchange of property data. In addition Nick mentors PropTech start-ups at Pi Labs, a company investing in early stage ventures in the property tech vertical. 

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Relevant for both commercial and residential property solicitors, this online modules considers the Coal Authority’s role, responsibilities and work. You will gain a greater understanding of the coal mining legacy impact and the work of the Coal Authority when risks become hazards. Clare Tasker will provide detailed guidance on reports available and provide insight on how you and your clients can be supported.

Learning outcomes:

• Identifying mining risks and support available for property transactions

Speaker:

Clare Tasker, Account Manager, Retail Client Services, The Coal Authority
Clare has been with the Coal Authority for 13 years since graduating from Bristol University with a law degree. Initially working within contracts and procurement provided her with great opportunities to build strong stakeholder relationships, both internally and externally – and gave her experience of an ever-changing public sector environment. Moving to the Coal Authority’s operational team in 2011, Clare developed specialist skills and experience in mining information research, through supporting colleagues responding to mining risks across the UK coalfield.
Now operating in the Mining Reports Team, she has had opportunities to use this combination of skills and knowledge to drive client focused system developments, product development and engaging webinars/training sessions. Clare now works with a number of clients, predominantly in Scotland, to ensure that they have the very best in support that meets their specific requirements.

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Look to the future and explore debates in tacit relocations, notices to quit, apportionment of rent at termination, tenancy of shops (Scotland) Act 1949, irritancy and confusion.

Learning outcomes:

• What may the future hold?
• What has surprised us so far?

The new Electronic Telecommunications Code was brought into force in December 2017, as part of the Digital Economy Act 2017.
The code introduces wide-ranging changes affecting network operators, landowners and occupiers – but what does it mean in practice?
Join Karen Craig and Stephen Moffat of Anderson Strathern as they examine how the new code affects the relationship between operators and site providers, from a property and litigation perspective.

Learning outcomes:

• Up-to-date brief on the new Electronic Telecommunications Code
• The obligations, rights and implications of the new law
• Property and litigation considerations under the new code

Speakers:

Karen Craig, Senior Associate, Anderson Strathern
Karen is a rural property specialist involved in the purchase and sale of country houses, estates, farms and crofts. She also handles general estate conveyancing and security work. Other facets of her work have involved wind, hydro and solar projects, sporting leases and servitudes for access and utilities.

Stephen Moffat, Associate, Anderson Strathern
Stephen is an associate in our property litigation team and is involved with a broad range of property dispute work with experience in a variety of civil court matters. Frequently involved in Court of Session and Lands Tribunal matters, Stephen has also represented clients in sheriff courts across Scotland. He is also experienced in alternative dispute resolution methods, such as mediation.

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Join Ken Gerber, author of “Commercial Leases in Scotland: A Practitioner’s Guide”, for a review of the recent developments in commercial leasing and uninsured risks.

Learning outcomes:

• Case law notes and applications to practice
• Uninsured risks

Speaker:

Ken Gerber, Partner, Anderson Strathern
Ken Gerber is accredited as a commercial leasing specialist, and handles all aspects of commercial lease and development work. He wrote “Commercial Leases in Scotland: A Practitioner’s Guide” with the first edition in 2009 and it is now in its third edition, and also “Property Development in Scotland: Law & Practice”, published in 2017. He also wrote and is senior tutor for the Commercial Conveyancing course in the Law Diploma at Glasgow University.

The Keeper of the Registers of Scotland has been asked by the Scottish Government to complete the Land Register of Scotland, as set out in the Land Registration etc (Scotland) Act 2012, by 2024.
One way in which Registers of Scotland hope to achieve this is by the Voluntary Registration of land and property titles.
In this online module, Sophie Noble and Kate Bond from Anderson Strathern share their experiences, expertise and insights into how the Voluntary Registration of land can best be navigated.

Learning outcomes:

• The benefits and advantages of Voluntary Registration
• Overview of how a typical rural Voluntary Registration should be completed
• Examine complex issues that can arise during the process
• Contemporary issues faced in practice

Speakers:

Sophie Noble, Senior Associate, Anderson Strathern
A specialist in rural property, Sophie focuses particularly on purchase and sale transactions, management of estates, forestry and renewable projects. She often works on access issues and the acquisition and sale of small development sites, and has experience in agricultural and residential leasing.

Kate Bond, Associate, Anderson Strathern
Kate is based in the rural land and business team and specialises in the full range of rural property work. This encompasses the acquisition and sale of farms, estates and forestry, crofting, access issues and estate management. She also has expertise in renewable energy projects, where she has acted for both developers and landowners. The financing and refinancing of rural property forms another facet of Kate’s rural work.

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