The RFPG's Annual Conveyancing Half Day Conference 2024, with speakers Andrew Upton, Frankie McCarthy, Ewen Brown (Terra Frima Chambers)
 
Frankie McCarthy: Owners’ Associations in tenement buildings
This seminar will summarise the provisional proposals in the Scottish Law Commission’s Discussion Paper on tenement law: owners’ associations. The Scottish Government are seeking to tackle to problem of tenement disrepair by legislating for every tenement to have an owners’ association with legal personality. Flat owners in the tenement will be members of the association, and will plan proactively for building maintenance through an annual meeting and budgeting process. The Commission are consulting on detailed proposals for implementation of the scheme, including potential enforcement powers for non-compliance and opt-outs for tenements in certain circumstances.
 
Frankie McCarthy is Professor of Private Law at the University of Glasgow and a Scottish Law Commissioner. She is currently leading Commission projects on heritable securities and tenement law.    
 
Ewen Brown (Terra Frima Chambers): The Perils of Notices
In this talk Ewen will consider the perennial topic of ensuring a notice is validly served - it can be an angst-ridden exercise.   His review will encompass judicial guidance on what a notice should contain, the time at which it should be served and the methods of service which are available.  He will also highlight some of the lifelines the courts have thrown out to give effect to a vulnerable notice.
 
Ewen Brown is a highly regarded Junior Counsel with a particular interest in commercial property and leasing disputes.
He is ranked for Real Estate Litigation in the latest edition of Chambers and Partners UK: "He is very experienced and knows property disputes inside out. His approach is very measured and when he puts a position forward you can feel confident that it has good prospects." Chambers UK, 2024
Ewen is also ranked as a leading Junior (Tier 1) for Commercial Disputes in the latest edition of the Legal 500: "Ewen is a very impressive advocate. He is always thoroughly prepared, and provides valuable, measured and strategic advice underpinned by a remarkable knowledge of the law.”  Legal 500, 2024
Prior to calling to the Bar, Ewen was a solicitor in private practice for over 20 years where he was head of dispute resolution, firstly at McClure Naismith and then Morisons.
 
Unchained Malady: Before and After Missives Fail (Andrew Upton, Harper Macleod)
The failure of a party to meet their contractual obligations under a missive creates a host of problems. There are issues for clients regarding meeting contractual obligations, potentially to multiple parties. There are also anxieties for solicitors where clients ask “How could you let this happen?” This session focuses on what causes missives to fail, what things solicitors should be thinking about prior to concluding missives to minimise the risk of failure, and what can be done after the fact.
 
Mutually Assured Destruction: Resolving Neighbour Disputes (Andrew Upton, Harper Macleod)
Nobody ever wins in a neighbour dispute, but they arise with alarming regularity. Quite often, some common neighbour disputes can be nipped in the bud if clients are directed to some inexpensive extra-judicial solutions. In this session, Andrew Upton looks at some common neighbour complaints, and some of the options that can be considered before going to 
 
Originally recorded 22.5.24
CPD Time 3.5 Hours