Commercial Property Half-day Conference
 
Topics -
Dilapidations – some practical tips (Ewen Brown, Terra Firma Chambers)
This session will include consideration of the various legal issues which arise, the use of Scott Schedules, input from surveyors and the practical difficulties with pursing and defending claims.
LBTT on Commercial Property (Isobel d'Inverno, Brodies LLP)
• Overage and deferment applications 
• Tricky LBTT lease issues 
• Prudential planning 
• Other development issues
Buying / selling for development - pitfalls to avoid, and getting the missives right (Ken Gerber, Mitchells Roberton)
  • Site assembly
  • Planning and linked items of conditionality
  • Section 75 Agreements
  • Access and services
  • Environmental and site investigation
  • Timing issues re conditionality
 
Planning issues in buying and selling for development (Neil Collar, Brodies LLP)
  • Planning applications and appeals – who makes the decision and how long might it take?
  • Section 75 obligations – when are these required and what is the procedure? 
  • Judicial review – what's the risk? 
 
Speakers - 
Ewen Brown (Advocate, Terra Firma Chambers)
Ewen Brown was a solicitor in private practice for over 20 years and was in the vanguard of the development of property litigation as a specialist area of practice.  Since calling as an advocate in 2018 he has continued to provide advice in this area.
 
Isobel d'Inverno (Director of Corporate Tax, Brodies LLP)
Isobel advises on the corporate tax aspects of company acquisitions, disposals and reconstructions and real estate taxation, including student accommodation and private rented sector developments and structuring inward investment in Scottish real estate by offshore investors and funds. She is Convenor of the Tax Law Committee of the Law Society of Scotland, Chair of the Tax Committee of the Scottish Property Federation and a Council Member of the Stamp Taxes Practitioners Group. She also works closely with the Scottish Government and Revenue Scotland in relation to the ongoing development of the Land and Buildings Transaction Tax.
 
Ken Gerber (Partner, Mitchells Roberton)
Ken Gerber graduated in Law from Edinburgh University in 1978, and joined Mitchells Roberton as a partner in 2019. Ken was previously a partner for 12 years at Anderson Strathern, and before that he was a partner at Kidstons.
Ken is accredited by The Law Society of Scotland as a specialist in Commercial Leasing. Ken handles commercial property purchases, sales, development, loans, and leases for Scottish and international SME’s, development clients and individual property investors. He also provides legal opinions on commercial property matters for other law firms. Ken has written two legal textbooks: “Commercial Leases in Scotland: A Practitioner’s Guide”, which is now in its fourth edition (2021), and “Land & Property Development in Scotland – Law and Practice” which was published in August 2017. He also presents seminars for various organisations on commercial property to solicitors and surveyors, and he is senior tutor on the Commercial Conveyancing course in the Law Diploma at Glasgow University.
 
Neil Collar (Partner, Brodies LLP)
Neil Collar is a Partner and Head of Planning Law at Brodies LLP. He is a Legal Associate of the Royal Town Planning Institute and accredited by the Law Society of Scotland as a specialist in planning law. He has over 30 years’ experience of all aspects of the planning process, planning applications, appeals and inquiries (including inquiry advocacy), court actions, planning issues in relation to land acquisition and disposal, compulsory purchase and compensation, listed buildings and conservation areas, and trees.