Essays in Conveyancing and Property Law in Honour of Professor Robert Rennie

Frankie Mccarthy, James Chalmers, Stephen Bogle

Description

Professor Robert Rennie has been one of the most influential voices in Scots private law over the past thirty years. Highly respected as both an academic and a practitioner, his contribution to the development of property law and practice has been substantial and unique. This volume celebrates his retirement from the Chair of Conveyancing at the University of Glasgow in 2014 with a selection of essays written by his peers and colleagues from the judiciary, academia and legal practice.

Each chapter covers a topic of particular interest to Professor Rennie during his career, from the historical development of property law rules through to the latest developments in conveyancing practice and the evolution of the rules of professional negligence. Although primarily Scottish in focus, the contributions will have much of interest to lawyers in any jurisdiction struggling with similar practical problems, particularly those with similar legal roots including the Netherlands and South Africa. As a whole, the collection is highly recommended to students, practitioners and academics.

Sujets

• Droit et juridique
• Conveyancing
• Property law
• Property
• Scotland

Informations

• Publié par: Open Book Publishers
• Date de parution: 29 juillet 2015
• Nombre de lectures: 0
• EAN13: 9781783741502
• Langue: English
• Poids de l'ouvrage: 2 Mo

Extrait

Essays in Conveyancing and Property Law


Essays in Conveyancing and Property Law
in Honour of Professor Robert Rennie
Edited by
Frankie McCarthy
Senior Lecturer in Private Law at the University of Glasgow
James Chalmers
Regius Professor of Law at the University of Glasgow
Stephen Bogle
Lecturer in Private Law at the University of Glasgow




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© 2015 Frankie McCarthy, James Chalmers and Stephen Bogle. Copyright of individual chapters is maintained by the chapters’ authors.


This work is licensed under a Creative Commons Attribution 4.0 International license (CC BY 4.0). This license allows you to share, copy, distribute and transmit the work; to adapt the work and to make commercial use of the work providing attribution is made to the author (but not in any way that suggests that they endorse you or your use of the work). Attribution should include the following information:
Frankie McCarthy, James Chalmers and Stephen Bogle (eds.), Essays in Conveyancing and Property Law in Honour of Professor Robert Rennie . Cambridge, UK: Open Book Publishers, 2015. http://dx.doi.org/10.11647/OBP.0056
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Digital material and resources associated with this volume are available at http://www.openbookpublishers.com/9781783741472#resources
ISBN Paperback: 978-1-78374-147-2
ISBN Hardback: 978-1-78374-148-9
ISBN Digital (PDF): 978-1-78374-149-6
ISBN Digital ebook (epub): 978-1-78374-150-2
ISBN Digital ebook (mobi): 978-1-78374-151-9
DOI: 10.11647/OBP.0056
Cover image: Lali Masriera, Edinburgh chimneys (2010), CC BY.
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Printed in the United Kingdom and United States by Lightning Source for Open Book Publishers


Contents
Contributors
vii
Preface
ix
1
Robert Rennie: A Career Retrospective
Lord Bonomy
1
ACQUIRING PROPERTY
2
“Tell Me, Don’t Show Me” and the Fall and Rise of the Conveyancer
Professor Kenneth G C Reid
15
3
A Puzzling Case about Possession
Lord Hope of Craighead
35
4
“It’s in the Post”: Distance Contracting in Scotland 1681-1855
Professor Hector L MacQueen
47
5
Assignation of All Sums Securities
Dr Ross G Anderson
73
DEFECTS IN ACQUISITION AND HOW TO FIX THEM
6
Property Law, Fiduciary Obligations and the Constructive Trust
Lord Hodge
97
7
The Offside Goals Rule and Fraud on Creditors
Dr John MacLeod
115
8
A New Era in Conveyancing: Advance Notices and the Land Registration etc. (Scotland) Act 2012
Ann Stewart
141
9
Bona Fide Acquisition: New in Scottish Land Law?
Professor David Carey Miller
165
ENJOYING PROPERTY
10
Res merae facultatis : Through a Glass Darkly
Sheriff Douglas J Cusine
185
11
The Use of Praedial Servitudes to Benefit Land outside the Dominant Tenement
Professor Roderick R M Paisley
203
12
Enforcing Repairing Obligations by Specific Implement
Professor Angus McAllister
237
13
Two Questions in the Law of Leases
Lord Gill
255
THE FUTURE OF PROPERTY LAW
14
Conveyancing: A Bright Digital Future?
Professor Stewart Brymer
279
15
Islamic Mortgages
Professor George Gretton
301
16
Completion of the Land Register: The Scottish Approach
John King
317
PROFESSIONAL NEGLIGENCE IN PRINCIPLE AND PRACTICE
17
Primary Clients, Secondary Clients, Surrogate Clients and Non-clients: The Expanding Duty of Care of Scottish Solicitors
Kenneth Swinton
345
18
The Court and the Conveyancing Expert
Lady Paton
367
19
The Role of the Expert Witness in Professional Negligence Litigation
Gerald F Hanretty QC
381
20
Robert Rennie: A Bibliography
Bernadette O’Neill
395
Index
403


Contributors
Ross G Anderson is a member of the Faculty of Advocates and an Honorary Research Fellow at the University of Glasgow.
Lord Bonomy is a former Senator of the College of Justice.
Stewart Brymer is the founder of Brymer Legal and an Honorary Professor in Law at the University of Dundee.
David Carey Miller is Emeritus Professor of Property Law at the University of Aberdeen.
Douglas J Cusine is a former Sheriff of Grampian, Highland and Islands and before that Professor of Conveyancing and Professional Practice of Law at the University of Aberdeen.
Lord Gill is Lord President and Lord Justice General.
George Gretton is Lord President Reid Professor of Law at the University of Edinburgh.
Gerald F Hanretty QC is a member of the Faculty of Advocates.
Lord Hodge is a Justice of the Supreme Court of the United Kingdom.
Lord Hope of Craighead is a former Deputy President of the Supreme Court of the United Kingdom.
John King is Business Development Director at the Registers of Scotland.
Angus McAllister is Emeritus Professor of Law at the University of the West of Scotland.
John MacLeod is a Lecturer in Commercial Law at the University of Glasgow.
Hector L MacQueen is Professor of Private Law at the University of Edinburgh and a Scottish Law Commissioner.
Bernadette O’Neill is a doctoral researcher at the University of Glasgow.
Roderick R M Paisley is Professor of Scots Law at the University of Aberdeen.
Lady Paton is a Senator of the College of Justice.
Kenneth G C Reid is Professor of Scots Law at the University of Edinburgh.
Ann Stewart is Head of Knowledge Management at Shepherd and Wedderburn.
Kenneth Swinton is Division Leader (Law) at the University of Abertay.





Professor Robert Rennie
Preface
Professor Robert Rennie held the Chair of Conveyancing at the University of Glasgow for 20 years prior to his retirement in July 2014. This collection of essays is a celebration of his extraordinary contribution to the development of Scots private law during that period. His many publications on the principles of property and professional negligence played an important role in shaping the rapid evolution of these areas of law over the past few decades, whilst simultaneously guiding practitioners through the new legal landscape which has resulted from those changes. In addition, his commitment and generosity as an educator has inspired generations of students, researchers and fellow academics.
The essays in the collection have been written by Robert’s peers in the judiciary, academia and legal practice. We are delighted – though not surprised – that so many prestigious authors have been willing to honour Robert by sharing their own perspective on the legal issues which formed the focus of his work. We offer our thanks to all the contributors, particularly to Robert’s lifelong colleague and friend, Lord Bonomy, for his warm-hearted retrospective of Robert’s career to date.
A special word of gratitude must also be extended to the Clark Foundation, whose generous support has made it possible for this volume to be published online. Robert has always been a strong proponent of the enhancement of legal practice through the use of new technology, and is committed to excellence in education. It seems most fitting, then, for this collection to benefit from the innovative open access publishing model which makes the research freely available to every student and practitioner of Scots law.
Frankie McCarthy, Ja mes Chalmers and Stephen Bogle
Note
The Clark Foundation for Legal Education offers grants and scholarships to persons practising law in Scotland, whether as solicitors or advocates, and to persons studying at Scottish Universities or other institutions of higher education based in Scotland.
The purpose of the Foundation is to promote and advance the legal and business education and training of Scots lawyers and students of Scots Law. Award holders can undertake (a) courses of study in Scots Law or comparative legal systems or the law of the European Community or foreign languages or business management or (b) the writing of legal textbooks. Alternatively they can undertake research in any one or more aspects of Scots Law and/or its relationship with other legal systems or the institutions of the European Community.
For further information, contact [e-mail]


1. Robert Rennie – A Career Retrospective
Lord Bonomy


© Lord Bonomy, CC BY 4.0 http://dx.doi.org/10.11647/OBP.0056.0 1
I don’t think that it is just with the benefit of hindsight that I see the course of Robert’s career as having been plotted by the time he first graduated, still not yet twenty ye