Book reviews: December 2022

Roderick Paisley 

PUBLISHER: W GREEN
ISBN (PRINT AND E-BOOK): 978-0414100114
PRICE: £175

Professor Roddy Paisley is well known in legal circles. His contribution to the Scots law of property is of considerable significance. This latest two volume work is his latest publication and it is quite simply an outstanding achievement. It will form an excellent companion to Cusine and Paisley's Servitudes and Rights of Way.

When the "multi-pack" arrived from the publishers, I wondered when I would find the time to undertake the review of what is a detailed comparative analysis of the hugely interesting subject of rights ancillary to servitudes. I need not have worried, as this has turned out to be the shortest book review I have ever written. This book (which is provided in a print and word-searchable electronic version) is excellent. No property lawyer can afford not to have access to a copy.

Professor Stewart Brymer, Brymer Legal

4th edition 

Frances Silverman and Russell Hewitson 

PUBLISHER: LAW SOCIETY OF ENGLAND & WALES 
ISBN: 978-1784461591
PRICE: £70

That this is the fourth edition of this book is testament to its usefulness for conveyancing solicitors, paralegals and students alike. It is a very comprehensive collection of checklists, procedures and template letters etc. It is an excellent companion volume to more detailed texts on property law. Subjects covered in part A range from taking instructions and pre-contract procedures to completion and post-completion procedures, with a short but informative chapter on mortgages (chapter 8). Given the long-awaited changes and redressing of the balance between buyer and seller of new-build property, I think more detail could have been added to chapter 9 (building estates). That is a very minor comment on what is a very good text.

Obviously, being an English law text, there is comprehensive treatment of leasehold property in chapter 11. That is not to say that it is not a useful text for a Scottish property lawyer, however. The only similar publication in Scotland was part of the materials produced for students in the postgraduate Diploma in Professional Legal Practice. The Law Society of Scotland does not publish anything like this. Perhaps the recently formed Scottish Conveyancers Forum may do so.

Part B contains an extensive set of template letters, covering sale and purchase transactions as well as remortgage transactions, and will be a useful starting point for students and paralegals in particular.

This book contains a lot of material which will be of interest to a Scottish property lawyer, notwithstanding the different legal systems and procedures. When looked at objectively, leasehold tenure and terminology aside, there are not that many differences between the law of property north and south of the border. 

Professor Stewart Brymer, Brymer Legal

21st edition 

Shiels, Bradley, Fergusson and Brown

PUBLISHER: W GREEN 
ISBN: 978-0414105225
PRICE: £100 (PROVIEW E-BOOK £100)

Some may wonder why it is necessary to review an annotated statute, now in its 21st edition. The answer is short. This is an essential text for any practitioner appearing before the criminal courts. Renton & Brown’s Criminal Procedure (6th ed) costs £1,320 in either hard copy or e-book format. Under the new editor, Charles Stoddart, it has undergone a comprehensive review and feels more relevant. Take in SCCR, Session Cases and SLT, and you will need to find another £3,100. 

While £100 for an annotated statute is a considerable sum to pay, the annotations are practitioner focused and point us to the purpose and practical application of the section under consideration. The authors bring their long experience in criminal law from all aspects of the bench and bar to bear on the subject matter. There are helpful pointers. For example, the authors contrast the provisions on the agreement of evidence, pointing out there are no statutory time limits for the agreement of evidence by joint minute (until the close of evidence), unlike the statement of uncontroversial evidence. We are then reminded of McClymont [2020] HCJAC 1, where the court said that any indication of the agreement of evidence in the written record need be demonstrated in a joint minute to aid judicial management of the trial. 

ProView is the online platform, although it costs the same as the print copy. It is a useful platform, enabling the text to be highlighted, annotated and notes taken. It is a versatile and flexible platform. The text can be downloaded and accessed offline. Both formats include the Criminal Justice (Scotland) Act 2016 and the Act of Adjournal. However, a disc of forms is no longer included and readers are referred to the Scottish Courts website for those. Essential.

David J Dickson, solicitor advocate