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This is the definitive source for those seeking guidance on the rulesconcerning solicitors practice, conduct and discipline in Scotland. It offers an examination of the rationalebehind the rules and their practical application. The authors explore thecentral features of ethical procedure and practice, placing this diverse yetdistinctive subject into context and providing a narrative explanation of theprocess involved.
The UK is one of the few countries in the world where home ownership really strikes a chord with the population like no other. As the population grows then the only way to house them is to build more new property. This in itself has become a niche area of law. Many lawyers shy away from it due to the time pressure often placed and different nuances to already existing property. This book provides a practical guide for practitioners on how to approach such matters based on the writers' practical experience of dealing with these niche areas of law and their experience from running seminars on the topic for other lawyers across England and Wales. Planning, new homes warranties and the now infamous Help to Buy scheme will all be considered from a pragmatic perspective. ABOUT THE AUTHORS Paul Sams is a practicing property Solicitor actively involved in residential, residential and commercial development with niche specialisms in leasehold enfranchisement matters plus equity release. Rebecca East is a practicing Solicitor handling all aspects of residential conveyancing particularly new build purchases and equity release. CONTENTS Chapter One - Introduction Chapter Two - What Is "New Build Conveyancing"? Chapter Three - Planning and Building Regulations Chapter Four - New Homes Warranties Chapter Five - Searches Chapter Six - Mortgages Chapter Seven - Help to Buy Chapter Eight - Estate Charges Chapter Nine - Completion Chapter Ten - Conclusion
The Solicitors Disciplinary Tribunal (SDT) has the power to strike off a solicitor from the roll, suspend a solicitor from practice, fine or reprimand a solicitor or make such other order as it thinks fit. Whilst over 90% of all cases brought before the SDT are brought by the SRA, it is open to anyone to bring a matter before it.This book provides a unique step-by-step guide to the law and practice of the Solicitors Disciplinary Tribunal, from the issue of proceedings through to appeal. Its practical approach will help anyone who wishes to avoid the common pitfalls faced by unfamiliar users of the Tribunal.It is the only comprehensive book available on SDT proceedings and it contains all the leading cases on Tribunal proceedings, many of which are not available on the internet, in one handy volume.
Covering the many changes to property law and conveyancing practice driven by the Scottish Parliament in recent years, including its land reform agenda, Conveyancing Practice in Scotland, Eighth Edition is an indispensable guide for residential and commercial property lawyers at all levels. Encompassing both commercial and residential conveyancing, the Eighth Edition of this highly regarded text, has been reviewed and updated throughout to take account of: - evolving and settled practice under the Land Registration etc (Scotland) Act 2012 - the practical effects of the community rights to buy - introduction of the Additional Dwelling Supplement on Land and Buildings Transaction Tax - prospective effects of the proposed Register of Controlled Interests in Land - the Scottish Law Commission proposals for changes to the law relating to title conditions, and heritable securities In addition to the property law aspects, this text also covers the practical and ethical considerations of acting in a conveyancing transaction, such as anti-money laundering procedures and conflicts of interest. Standard missive clauses are examined in detail with reference to their application in practice. Written by practising lawyers with many years of transactional and mentoring experience, this book is the only practical guide to managing conveyancing transactions in Scotland.
Refining conveyancing procedures can save valuable time and money. Using checklists is a reliable method of ensuring that all the necessary steps in a transaction have been successfully fulfilled, in order, and to deadline. This book provides a comprehensive range of checklists that follow the steps of a transaction.
Conveyancing-Principles & Practice provides a succinct understanding of the historical and philosophical background of land law and conveyancing in Kenya, a thorough grasp of the legal framework and a simplified concise exposition of the processes and formalities that precede the legal transfer of land. It combines a technical understanding of complex legal phenomenon with some critical awareness of the broader values and preferences which inform the law. The book is alive to the fact that land law and conveyancing impinge upon a vast area of social ordering and expectations, and exert a fundamental influence upon the lifestyles of ordinary people. Most importantly, Conveyancing-Principles and Practice is designed along the new Advocates Training Programme as a core text for students of conveyancing, legal practitioners, real estate investors, estate agents, commercial and banking institutions, auctioneers, Government departments and the citizenry.
Equity Practice and Precedents Second Edition is a guide to practice in equity in New South Wales. It outlines the essential principles of a broad range of equitable and statutory remedies associated with the equity jurisdiction. This work provides many essential precedents for these remedies, both in the book and available as online downloads. Part 1 of the book provides a thorough analysis of the jurisdiction of various State and Federal courts and tribunals to grant the remedies dealt with in the book. In Part 2, each remedy or area of statutory relief is discussed in detail, with a practical outline of the principles and practice, and a comprehensive set of precedents. In this updated and revised Second Edition a wide range of areas of law and practice are covered, including: Equitable remedies such as injunctions, specific performance and rectification. Various aspects of insolvency and corporate law (including winding up, administration and shareholders' remedies). Property law (including the Conveyancing Act and Real Property Act), family provision applications, Property (Relationships) Act and related equitable remedies. Statutory unconscionability provisions such as ss 21 and 22 of the Australian Consumer Law Importantly, five entirely new chapters have been added. These new chapters address: Declaratory relief. Proprietary claims in equity. Mortgages and charges affecting land. Probate litigation. Applications in a winding up. Equity Practice and Precedents Second Edition has come to be regarded as an indispensable tool, consistently sought out by barristers and solicitors practising in equity.