Greens New Titles 2013

Publishing April 2013, Paperback, 9780414018686, £48.00 This edition will include coverage of a wide range of changes, including detail on the Scottish Prison Service being placed for the first time on a statutory footing and the expectation of the Prisons and Young Offenders Institutions (Sc) Rules 2006 to be given a radical overhaul. The major reform of the Prisoners and Criminal Proceedings (Sc) Act 1993 will also be covered.

Publishing June 2013, Hardback, 9780414017634, c.£85.00 The 2nd edition of this detailed practitioner text remains a straightforward account of the legal issues relevant to Scottish psychiatric practice. It explains how the Scottish legal system deals with mental health issues, and outlines psychiatric care systems; now fully updated to include developments since implementation of the Mental Health (Care Treatment) (Scotland) Act 2003. Essential new areas covered include multi-disciplinary input, inclusion of the Code of Practice and important new research findings. The expert authors also provide increased detail on the effectiveness of Tribunals.

Douglas Thomson This is the new 2nd edition of the dedicated Scottish text on Prisons law. A comprehensive account of the laws governing prisons is provided, including admissions, disciplinary offences, parole and life sentences. All relevant legislation is included as the text covers criminal law in respect of imprisonment, both in respect of remands in custody and sentencing. The text includes analysis of recent case law from Scotland, England and the European Court of Human Rights whilst also examining the structures of prison as well as processes that take place within the prison system itself.

Dr Lindsay Thomson, Joanna Cherry Q.C. et al

MENTAL HEALTH & SCOTS LAW IN PRACTICE 2ND EDITION

PRISONS, PRISONERS & PAROLE 2ND EDITION

Publishing June 2013, Hardback, 9780414018624, c.£85.00 Management Issues

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Statutory Provisions Doing the Transaction Notices Lease Obligations Tenant Insolvency

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Publishing Sep 2013,Hardback, 9780414018785, c.£75.00 1. Introduction 2. Public Authorities 3. Statutory Duties; Actions on the Statute 4. The law of negligence 5. Police and Emergency Services 6. Education and Social Services 7. Roads 8. Vicarious Liability 9. European Convention on Human Rights 10. Other Remedies against Public Authorities 11. Practice and Procedure

And now including brand new chapters on: Kenneth S. Gerber The 2nd edition of this important title covers all the main aspects of Scottish commercial lease law and importantly includes a comparison with English lease law on a topic by topic basis. This title contains a CD containing valuable draft styles such as single and multiple occupancy leases.

Contents:

COMMERCIAL LEASES IN SCOTLAND: A PRACTITIONER’S GUIDE 2ND EDITION

A new practical guide to the law of delict and reparation as it applies to Public Authorities. This essential text includes coverage of specific services such as the Police and Emergency services and details the remedies which are applicable where a public authority is found to have failed in its duty of care.

Prof Douglas Brodie & Ranald MacPherson

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2013: A NEW YEAR OF LEGAL BOOKS FROM W. GREEN 2013 sees an especially full publishing schedule for Greens Scottish legal books. There are new editions of major texts from the Scottish Universities Law Institute publishing alongside brand new books covering a wide selection of specialist areas. Take a look inside this leaflet to discover what’s coming this year and how to place your order and guarantee your copy on publication.

Upcoming titles include: •

CHILDREN’S HEARINGS 3RD EDITION

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THE LAW RELATING TO PARENT & CHILD 3RD EDITION — SULI

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THE LAW OF AGENCY IN SCOTLAND ­­­— SULI

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LICENSING (SCOTLAND) ACT 2005 3RD EDITION

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MENTAL HEALTH & SCOTS LAW IN PRACTICE 2ND EDITION

W. GREEN

REUTERS/Jeff J Mitchell

NEW 2013 TITLES FROM W. GREEN MANAGING SCOTLAND’S PUBLIC SERVICES Robert Mackie This new title considers the entire Scottish Public sector including the Scottish government, local government, the NHS, Police and Fire Services. It offers essential guidance by examining the changes in Scottish Public Management since the 2007 Holyrood election. Expert author Robert Mackie provides a fully up-to-date resource for practitioners operating in the public sector arena.

Publishing May 2013, Paperback, 9780414019027, c.£42.00

CONFISCATION AND CIVIL RECOVERY: A GUIDE TO THE PROCEEDS OF CRIME ACT 2002 Heather-Mairi R Carmichael This is the first dedicated Scottish book dealing with the law relating to the confiscation of proceeds of crime in criminal proceedings, the civil recovery of criminal assets, the detention and forfeiture of cash in summary proceedings under the Proceeds of Crime Act 2002, and related interim and investigatory orders.

The work also covers the new “exploitation proceeds orders” which may be sought in relation to benefit obtained from “Criminal Memoirs” under the Coroners and Justice Act 2009.

Publishing August 2013, Hardback, 9780414017375, c.£89.00

THE LAW RELATING TO PARENT & CHILD IN SCOTLAND 3RD EDITION Professor Kenneth McK. Norrie & Kirsty Hood Published Under the Auspices of the Scottish Universities Law Institute This is the 3rd edition of the definitive practitioner text on the law relating to Parent and Child in Scotland. The authors take account of all major changes brought about by the Family Law (Scotland) Act 2006 and Children’s Hearings (Scotland) Act 2011 making this the comprehensive source of all information you need in this field but also the expert insight to guide you through it.

Notable changes include: • • • • •

New rules in relation to determination of parenthood New range of orders available to local authorities New position of unmarried fathers New process for adoption of children New family structures and the changes in the law which reflect them

Publishing July 2013, Hardback, 9780414018105, c£155.00

UNJUSTIFIED ENRICHMENT VOL II Prof Robin Evans-Jones Published Under the Auspices of the Scottish Universities Law Institute This second volume of Unjustified Enrichment follows on from the first edition on enrichment by deliberate conferral; this volume covers enrichment acquired by any other manner. The text provides an authoritative and comprehensive account of the subject, and will establish a scheme of the precise features and limits of claims of unjustified enrichment. Robin EvansJones analyses the circumstances in which an obligation of restitution exists, the basis of each claim, the content of the obligation and its precise limits.

Contents: 1.

2.

3.

4.

5.

6.

7.

Overview of Structure and History The General Enrichment Principle and the “other” part Interference with another’s property and analogous rights without a legal ground Claim for imposition of unauthorised benefits in good faith by physical improvement and repair of another’s property and analogous claims Payment/performance of another person’s debt/duty Three party enrichment Subsidiarity and issues concerning measure of recovery

Publishing September 2013, 9780414018495, Hardback, c.£150.00

LICENSING (SCOTLAND) ACT 2005 3RD EDITION

This new 3rd edition takes into account the changes in law and practice since 2005. Of particular note is the Children’s Hearings (Scotland) Act 2011 which is due to come into force during 2012.

Jack Cummins

Major changes for this edition include:

This text supplies an indispensible source of reference on liquor licensing law in Scotland. The Licensing (Scotland) Act 2005 completely overhauled Scottish licensing law, introducing a new system of complex controls. In this 3rd edition the author has tackled new legislative amendments such as the Criminal Justice and Licensing (Scotland) Act 2010 and the Alcohol etc (Scotland) Act 2010. This radical surgery to the original Act means that this 3rd edition is a fully overhauled text.

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• • • • •

As well as providing a full copy of the Licensing (Scotland) Act 2005, with expert section-by-section commentary, the 3rd edition also contains the full text of many key associated regulations, making this an essential purchase for anybody who is involved with liquor licensing.

Table of Contents • • • • • • • • •

Publishing July 2013, Paperback, 9780414018204, £85.00

CRIMINAL ADVOCACY AND DEFECTIVE REPRESENTATION Robert Shiels The origin of this new book lies in the case of Anderson v HM Advocate in 1996. The initial focus being the appeal process and the availability of defective representation at the trial stage as a competent ground of appeal alleging a miscarriage of justice. The effect of the decision combined with later cases was to change the nature and style of criminal advocacy in the courts.

THE LAW OF AGENCY IN SCOTLAND SULI Laura Macgregor This is a reference title publishing in the Scottish Universities Law Institute series covering the Law of Agency in Scotland. Agency is a contractual relationship where you use someone else to act on your behalf. It is a key aspect of business and forms an important part of Commercial Law. As a SULI text this is seen as an authoritative voice on this subject, offering insight for litigators and those drafting commercial agreements.

Publishing April 2013, Paperback, 9780414018983, c.£40.00

Contents include:

CRIMINAL PROCEDURE (SCOTLAND) ACT 1995 12TH EDITION

1. Introduction 2. Nature and legal basis of agency 3. Constitution and contractual capacity 4. Historical development of agency and mandate 5. The agent’s authority 6. The agent’s fiduciary duties 7. The agent’s other duties 8. The agent’s rights 9. The Commercial Agents (Council Directive) Regulations 1993 10. Termination of the agency relationship 11. Agent acting without authority 12. Creation of contracts with third parties 13. Delictual liability to third parties 14. The agent’s liability to third parties

GREENS ANNOTATED ACTS Robert S Shiels, Iain Bradley, Peter Ferguson, QC and Alastair N. Brown For many criminal lawyers in Scotland the daily problems are not matters of first principles of criminal law but often practical problems associated with criminal procedure. That is what makes the new updated 12th edition of the Criminal Procedure (Scotland) Act 1995 such an essential title. Shiels, Bradley, Ferguson and Brown provide a full copy of the Act with authoritative section-by-section commentary. The 1995 Act is the most important piece of legislation relating to Scots criminal procedure for the current generation of Scots criminal law practitioners.

Important updates for 2013 include amendments to the 1995 Act by: Criminal Justice and Licensing (Scotland) Act 2010 Criminal Proceedings etc. (Reform) (Scotland) Act 2007 Act of Adjournal (Amendment of the Criminal Procedure (Scotland) Act 1995) (Transcripts) 2012

Publishing July 2012, 9780414018051, Hardback, c.£90.00

PARLIAMENT HOUSE BOOK Annual Offprints

The Criminal Procedure Rules have been updated including amendments to statutory forms, incorporating: •

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Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Procedural Hearings in Appeals from Solemn Proceedings) 2012 Act of Adjournal (Criminal Procedure Rules Amendment No.2) (Miscellaneous) 2012

Personnel of the Children’ s Hearings System The Grounds of Referral Pre-hearing procedures Consideration of the Case Disposal of the Referral Review Hearings Warrants and Orders to apprehend and detain child Appeals Emergency protection of children

Publishing July 2013, 9780414018099, Paperback, c.£65.00

This is an essential text for anybody dealing in criminal law who wishes to avoid claims of defective representation. As complaints about representation give rise to questions as to what ought to have been done, some consideration is given to traditional advice on the art of advocacy.

• • •

The whole Hearings system is being redesigned in light of human rights concerns and this will be fully addressed Full description of the new bodies Description of the redesigned role of the Reporter Analysis of the grounds of referral Description of the new Emergency Protection Order process Analysis of the redesigned system of warrants and the new interim

compulsory supervisory orders

Printed annually, these titles reproduce significant sections of the highly respected Parliament House Book.

Publishing August 2013, Paperback, 9780414019034, c.£95.00

CHILDREN’S HEARINGS IN SCOTLAND 3RD EDITION Professor Kenneth Mck Norrie “the book is essentially practical and a combination of careful academic analysis with down-to-earth advice makes this a powerful tool for anyone involved with children’s hearings”. Janys Scott, Journal of the Law Society of Scotland.

They offer all the weight of this valued work in handy portable formats, allowing you access to the facts whether in the office, court, library, or at home.

GREENS ANNOTATED RULES OF THE COURT OF SESSION 2013/2014 Publishing August 2013, 9780414019058, Paperback, c.£140.00

SOLICITORS PROFESSIONAL HANDBOOK 2013/14 Publishing August 2013, 9780414019041, Paperback, c.£45.00

GREENS SHERIFF COURT RULES 2013/14 Publishing August 2013, 9780414019065, Paperback, c.£54.00