Book reviews: August 2022

David Flint

INDEPENDENTLY PUBLISHED
ISBN: 979-8415135202 (HARDBACK: £50); 979-8796574379 (PAPERBACK: £40); KINDLE VERSION
PRICE: £25

David Flint’s latest magnum opus is his 23rd publication, including Stair and Halsbury. Even for a full time academic that would constitute an impressive body of work; for a busy solicitor like Mr Flint it is nothing short of incredible. He is now a very rare beast in legal Scotland – someone who, like the sadly deceased Professor Robert Rennie, commands a street credibility in both theory and practice.

I have to confess I am no expert in EU law. My career has been in the profession, teaching the profession and regulating and supporting the profession. I am not an expert in the material, but I can claim a certain expertise in knowing what solicitors need. Others can judge the detailed and arcane. My task is to assess the utility of the book as a portal to such areas.

The author nails his colours to the mast in his dedication to his grandchildren, “in the hope that by the time they are entering adulthood, we will once again have rejoined the European project and not require to look on as outsiders”.

So, who is this very readable book for? Who needs an antitrust primer? Surely we did away with all that nasty, pinko, costly European rubbish? Hardly, and Flint deals with this in his preface. It is for solicitors giving advice to clients with international markets. For academics in this field. And not just lawyers. For directors and secretaries of such companies looking for ready answers to issues they may have.

Concerned about prohibited horizontal agreements? Perplexed by vertical block exemption rights? Need a handy guide to procedures for controlling merger operations between enterprises? This is the book for you.

Perhaps not a publication to be read in a single sitting, it is a superb portal for this whole field of law. A primer, yes. Superficial, absolutely not. The nine page table of contents make it easy to access and utilise. It is 127,000 well written and referenced words. It is fantastic value. When Latin was more widely known it might have been described as a vade mecum: a handbook or guide that is kept constantly at hand for consultation. That is exactly what David Flint has delivered. A primer: the hint is in the name. It gets you ready.

Douglas Mill

Ewan McCall 

PUBLISHER: BIRLINN
ISBN: 978-1839830259
PRICE: £14.99

Three vast Nuremberg chests were recovered in the offices of Edinburgh law firm, Anderson Strathern. No keys were available. No one knew their contents, if indeed they had any. A partner apprenticed in the 1940s to Strathern & Blair recalled that, even then, no one recalled having seen these boxes open. Undeterred, a locksmith was called upon who, on overcoming the renowned security of these 17th century chests, unearthed the contents which form the basis of this wideranging book. 

As a young trainee, I recall sharing an office with the court partner, who, given the wider nature of the firm’s practice, had been billeted in the attic room of a four storey Georgian behemoth on the edge of the New Town. It offered stunning views towards Fife and provided much needed exercise. However, along its length, from floor to ceiling, stood row upon row of similar deed boxes. They were never opened, but undoubtedly held within the oldest documents of ancient estates to which the firm, no doubt, still provided legal services, albeit far removed from what they had been when the boxes were purchased and embellished with the title of the estate. 

Against this background, the author sets out to recount the history of this venerable law firm while interweaving the relevant history of Edinburgh, the wider legal profession and those connected with the firm. The first founder is generally recognised as John Davidson, a son of a Haddington bookseller, who was born in 1724. After a period of study at Edinburgh University, he was apprenticed to Mr Balfour and became a Writer to the Signet in 1749. Lord Kames gave his patronage. As luck would have it, he also gave it to David Hume, Adam Smith and James Boswell. Thus Davidson, in time, found himself at the heart of the Scottish Enlightenment. He was also Crown Agent and in addition to undertaking government work, found time to be involved with Drummond Bank in London, ensuring the money earned by Scots merchants in India and the Far East was returned to Scotland. 

We then follow Alexander Duncan, the founder of Bruce & Kerr, which operated from 2 Thistle Court, Edinburgh (still there), and the earliest known building of the New Town. His firm was eventually folded into Anderson Strathern. His business thrived in the days of Empire.

John Gibson oversaw the firm when it provided legal services to Sir Walter Scott, described as the “high chief of the rebranding efforts” for Scotland. He brought King George IV to Edinburgh, all kilted out, and led a team which discovered the Honours of Scotland in the then dilapidated castle. Gibson and Scott became close friends and Scott appointed Gibson his trustee to repay debts he incurred. Gibson developed intellectual property rights before the courts, ensuring Scott remained the owner of his works. It is under Gibson that we find the apprenticeship of the eponymous Robert Strathern, to whom Gibson bequeathed the partnership after 55 years. Gibson worked with the Duke of Buccleuch to extend Granton Harbour. 

The author takes us through the dynamic 20th and 21st centuries, when the firm rapidly developed through acquisition and rapid expansion. There are extracts of letters and deeds peppered throughout the book.

This is a highly readable and enjoyable book. It illuminates the history and growth of a firm of solicitors marked along the way with its involvement in the development of a nation. Importantly, it demonstrates innovation and the need to constantly keep pace to survive in an ever complex environment. A worthy read. 

David J Dickson

Edited by David Grinlinton and Rod Thomas

PUBLISHER: INFORMA LAW FROM ROUTLEDGE
ISBN: 978-0367211776
PRICE: £160 (E-BOOK £33.29)

Published in 2020, this book is a selection of 20 essays from a major conference held in New Zealand in 2018 which was focused on the history and development of the Torrens system. It was published thanks to support from the New Zealand Law Foundation. 

The book is split into 3 sections – 

• Part I: Land Title Security: Recent Developments and Current Issues
• Part II: Automation of Land Registration Systems
• Part III: Cross-Cutting Issues and Emerging Challenges.

The various essays provide an excellent analysis of both the Torrens system and how it is applied in a digital age. This is done by comparing and contrasting developments in other jurisdictions, most notably Australia, Canada, England, Ireland and Scotland. The resulting collection is a valuable insight into how comparative jurisdictions are developing their solutions to digital transformation of the registration of title and, therefore, the home moving process in general. 

The editors' overview is that ongoing consultation in this important area is essential, as no one jurisdiction has all the answers. The pace of change is swift, however, and has radically increased as a result of the COVID-19 pandemic. Indeed, it can be argued that the enforced developments over the past two years have resulted in a "game changer" as far as the move to e-conveyancing is concerned. HM Land Registry and Registers of Scotland have become much more proactive in this regard, and that is to be welcomed. 

As ever, we can always benefit from a comparative analysis as to how other jurisdictions have approached the subject, and this book does just that. It is suggested, however, that there will require to be a more in-depth understanding of the true nature of e-conveyancing for real change to be effected. It takes more than the use of a phrase containing the words "electronic" or "digital" to deliver effective change to established working practices and the vested interests therein.

Professor Stewart Brymer WS