Professional practice updates 2014

Professional Practice Updates November 2014

Guidance on Land Registration Etc. (Scotland) Act 2012
Signing of advance notices by solicitors
The Scottish Arbitration survey

Guidance on Land Registration Etc. (Scotland) Act 2012

The implementation of the Land Registration etc. (Scotland) Act 2012 on 8 December 2014 (“the Designated Day”) will change many aspects of conveyancing practice.  The Property Law Committee has updated its guidance to cover the new statutory duty of care to the Keeper, the new criminal offence, where no or limited examination of title has taken place, notificaitons, pre-registration reports and Registers Direct.  This can be found at Section F Division C of the Society’s Rules and Guidance.

Practitioners are encouraged to familiarise themselves with the new guidance, and that published by the Keeper, in advance of the Designated Day.  The Keeper’s guidance is currently being added to and can be found at: 

http://www.ros.gov.uk/2012act/general_guidance.html

Signing of advance notices by solicitors 

Following consultation with the Property Law Committee, the Professional Practice department has issued advice and information on the signing of Advance Notices by Solicitors.

Read clause 32 of our Letters of Obligation and Advance Notices guidance

The Scottish Arbitration survey

This is a joint initiative by the University of Aberdeen, the Law Society of Scotland, and Burness Paull, supported by the Chartered Institute of Arbitrators and the Scottish Arbitration Centre, to collect data and report upon arbitration use, attitudes and trends.

Arbitration is a process for determination of disputes by an appropriate person of skill. The starting point to achieve a greater diversity for the use of arbitration, is an understanding of the particular needs of different end users. Those who choose arbitration as the appropriate method of dispute resolution are often non contentious lawyers and advisers, who advise clients on the appropriateness of an arbitration clause when entering into contracts. The views of all advisers, not just those directly involved in dispute resolution and arbitration, are therefore important, and invited in this survey.

The survey is open until 12 November 2014.

Take the survey now.

If you have any questions please email Derek Auchie, at the University of Aberdeen (d.auchie@abdn.ac.uk).