"INTERNET LAW BOOK REVIEWS" PROVIDED BY - Rob Jerrard LLB LLM (London)

Dundee University Press
Books Reviewed in 2008/2009

European Law - Law Essentials
Edition: 1st
Format: Paperback
Author: Stephanie Switzer
ISBN: 978 1845860097
Publishers: Dundee University Press
Price: 13.50
Publication Date: 2009
 

Publisher's Title Information
 
European Law Essentials is an invaluable study guide for students. It provides up-to-date, concise and comprehensive coverage of European law and its effect on the law of Scotland and is the ideal text for students who come new to the subject and for those preparing for exams. This book is also an excellent resource for those who need to refresh or update their knowledge.
Summary sections of Essential Facts and Essential Cases will help students to identify, understand and remember the key elements of the subject.
 

Contents
 
The "Making" of the European Union Membership of the European Union The European Institutions
Sources of Community Law
Community Law Making
Supremacy
Direct Effect
State Liability
Preliminary Rulings
Judicial Review
What Next?
Table of Cases, Table of Statutes, Table of European Legislation and an Index are also included.
 
The Author
 
Stephanie Switzer is a Lecturer in Law, formerly at the University of the West of Scotland and now at the University of Dundee.


Municipal Policing in Scotland
Edition: 1st
Format: Paperback
Author: Daniel Donnelly
ISBN: 9781845860479
Publishers: Dundee University Press
Price: 25
Date: Sept 2008
 
Publisher's Title Information
 

Municipal Policing in Scotland is based on current research and policing experience and asks what Municipal Policing is in modern day Scotland. It examines the role of community policing, civilianisation in the police, private sector involvement, surveillance and CCTV, the role of the Scottish Government and police authorities, police governance and accountability. Up-to-date research on community wardens is included and the part they play in community safety is commented upon.In conclusion the author gives his views on the future of the contemporary model of Municipal Policing and whether a future national police service in Scotland is inevitable.
 
An index and bibliography are included.
 

Contents
 
Introduction - Municipal Policing
History of Municipal Policing in Scotland
Community Policing in Scotland
Civilianisation in the Scottish Police
Community Wardens in Scotland
Surveillance in Scotland
Politics and Policing in Scotland
Police Governance in Scotland
Future of Municipal Policing in Scotland


The Author

Daniel lionnelly is a retired Chief Superintendent and Divisional Commander. He is now a Senior Research Fellow at the Centre for Criminal Justice and Police Studies, University of the West of Scotland, Hamilton Campus. He is also co-editor/author (with Dr Kenneth Scott) of Policing Scotland (Willan, 2005)


A Guide to Mediating in Scotland
Edition: 1st
Format: Paperback
Author: Ewan Malcolm (Director of the Scottish Mediation Network) and Fiona O'Donnell (Legal Counsellor, Academic Affairs, University of Dundee)
ISBN: 9781845860523
Publishers: Dundee University Press
Price: 30
Publication Date: March 2009
 
Publisher's Title Information
 

Mediation is developing in many different areas today throughout Scotland. While some of these may be familiar others are less well known. For the first time, these areas are comprehensively brought together in A Guide to Mediating in Scotland. As well as exploring the differences which occur between these developments, the book also identifies the key skills and core values in each and explores the common themes. This book will be invaluable to anyone either thinking of how mediation may assist or simply wanting to know more.
 

Contents
 
Family mediation
Neighbour/community mediation
Business and commercial mediation
Workplace and employment mediation
Peer mediation
Rights-based mediation relating to Disability Discrimination Act and the Education (Additional Support for Learning) (Scotland) Act
Environmental and planning mediation
Insider mediation - ombudsman, complaints, local authorities, patent office, churches etc
Basic mediation skills
 
Mediation in its present form is a relatively new pursuit and gradually becoming embedded in the culture of Scotland. However, mediative approaches have long been valued. Francis Bacon (1561-1626) wrote:
 
"It is generally better to deal by speech than by letter; and by the mediation of a third, than by a man's self... In all negotiations of difficulty, a man must not look to sow and reap at once, but must prepare business, and so ripen by degrees."
This book is designed to inform the reader on the practice areas where mediation is being used or being developed in Scotland today.
 
The book may be used by the reader in a variety of ways.
 
As a comparative guide to the different areas of mediation developed and developing across the country, it gives an overview of the breadth and diversity of mediation and an insight into the work of the Scottish Mediation Network.
 
The book highlights the basic skills of a mediator and explores what works in the different areas. It emphasises the commonality as well as the differences in each practice area. To read the book as a whole provides the reader with an instructive map of the diverse mediation terrain in Scotland.
Each chapter stands alone and readers with an interest in a particular sector may find a valuable resource within an individual chapter when looking for direction in managing particular forms of dispute, conflict and difference.
 
In either case, this guide is illustrated by many case studies drawn from real life. Further information and free resources are available from the Scottish Mediation Network website (www.scottishmediation.org.uk).
 
The distinguished contributors to this collaborative text are all members of the Scottish Mediation Network Board, the Scottish Mediation Register tandards Board or the Scottish Mediation Network staff team.
 
Edited by Ewan Malcolm (Director of the Scottish Mediation Network and Mediator of the Year, Law Awards of Scotland 2008) and Fiona O'Donnell (University of Dundee Solicitor and Legal Counsellor).
 

Reviews
 
"This Guide will be valued by all who take part in mediation ..." - The Right Honourable Lord Gill, Lord Justice Clerk of Scotland.
 
"The ideas and expertise contained in this impressive volume define and reflect the ultimate goal - to create a more peaceful and civil society - and deign to suggest a means for accomplishing that goal. In addition, the Guide, rather than contenting itself to chronicle some of the tremendous progress made in recent years to advance the Scottish use of mediation, contributes to the ongoing global discourse about mediation excellence."
The Honorable Robert M Bell, Chief Judge of the Maryland Court of Appeals


Family Law (Scotland) Law Essentials
Edition: 1st
Format: Paperback
Author: Kenneth McK Norrie
ISBN: 9781845860110
Publishers: Dundee University Press
Price: 13.50
Publication Date: June 2006
 
Publisher's Title Information
 

Family Law Essentials is a clear and concise study and revision guide for students. This excellent book takes full account of the Family Law (Scotland) Act 2006. It contains all of the essential information students need when preparing for exams and includes useful summary sections of essential facts and essential cases. An invaluable text which students can use to gain a quick understanding of a new subject, to help them through a course or as an aid to revision for exams. This book is also an excellent resource for those who need to refresh their knowledge of the subject.
 
Table of Cases, Table of Statutes and an Index are also included.
 

Contents
 
Legal Personality
Creating the Parent-Child Relationship
Bringing up Children
Court Orders Regulating the Upbringing of Children
State Interference in the Upbringing of Children
Marriage and Civil Partnership
Unregistered Couples
Deregistering Relationships by Divorce or Dissolution
Deregistering Relationships by Annulment
Financial Provision on Divorce, Dissolution and Annulment
 

Reviews To Date
 
This is a highly compact text, nonetheless giving a basic tour of the major family law topics, such as court orders relating to the upbringing of children, divorce, and financial provision on divorce. It appears to be targeted towards students but could still prove useful to to any practitioner looking to refresh their knowledge of a particular area by revising basic principles.
Each section of the book contains a highlighted area detailing 'Essential facts' and 'Essential cases'. The former provides bullet points of the 'must know' facts and the latter lists a summary of each of the important cases in a straightforward way. It provises a good starting point when researching applicable case law in these areas. (The Journal of the Law Society of Scotland, December 2006)


Scottish Legal System - Law Essentials
Edition: 1st
Format: Paperback
Author: Bryan Clark
ISBN: 9781845860035
Publishers: Dundee University Press
Price: 13.50
Publication Date: May 2006
 
Publisher's Title Information
 

Scottish Legal System Essentials is a clear and concise study and revision guide for students of the law in Scotland. It contains all of the essential information students need when preparing for exams and includes useful summary sections of essential facts and essential cases. An invaluable text which students can use to gain a quick understanding of a new subject, to help them through a course or as an aid to revision for exams. This book is also an excellent resource for those who need to refresh their knowledge of the subject.
 
Table of Cases, Table of Statutes and an Index are included.
Contents

Introduction and Historical Development
Sources of Scots Law
The Scottish Judicial System
Alternatives to the Court Process
Legal Personnel
Legal Assistance for the Public
Glossary
 

Reviews to Date
 
Its purpose is to provide a comprehensive overview of the legal system in Scotland - and it does this very well...Jargon is avoided and quite complex matters concerning devolution, statutory interpretation and EC legislation are amply covered in simple reader friendly language throughout...This text presents the key elements of the Scottish Legal System in a way which should appeal to students because it is quite an interesting read. It can also be digested, with ease, in a couple of hours and, as such, is an ideal and thrifty purchase for our many last-minute cramming students. (SCOLAG Journal, October 2006)


Evidence - Law Essentials
Edition: 1st
Format: Paperback
Author: James Chalmers
ISBN: 9781845860103
Publishers: Dundee University Press
Price: 13.50
Publication Date: September 2006 (Reprinted 2008)
 
Publisher's Title Information
 

Evidence Essentials is a clear and concise study and revision guide for students of the law of evidence in Scotland. It contains all of the essential information students need when preparing for exams and includes useful summary sections of essential facts and essential cases. An invaluable text which students can use to gain a quick understanding of a new subject, to help them through a course or as an aid to revision for exams. This book is also an excellent resource for those who need to refresh their knowledge of the subject.
Table of Cases, Table of Statutes and an Index are included.
 
Contents

 
Relevance and the Function of the Law of Evidence
Corroboration and Sufficiency
Presumptions and Judicial Knowledge
Admissibility (1): The Rule Against Hearsay
Admissibility (2): Improperly Obtained Evidence
Admissibility (3): Character Evidence
Admissibility (4): Privilege, Immunity and
Confidentiality
Admissibility (5): Other Restrictions
Admissions and Confessions
Competence and Compellability of Witnesses


The Vulnerable Witnesses (Scotland) Act 2004
Edition: 1st
Format: Paperback
Author: Laura Sharp & Margaret Ross
ISBN: 978 1845860455
Publishers: Dundee University Press
Price: 20
Publication Date: 2008
 
Publisher's Title Information
 

The Vulnerable Witnesses (Scotland) Act 2004 amends the Criminal Procedure (Scotland) Act 1995 for criminal cases, and creates a similar regime for civil cases, so that vulnerability of witnesses is to be considered, and measures taken to support vulnerable witnesses to give evidence effectively. This book, containing the Act's main provisions with commentary, is an excellent companion to the Act for those who lead or hear witnesses in court or have concern for the vulnerability of witnesses. Written by Laura Sharp and Margaret Ross, both law academics, the book is informed by their experience of vulnerable witnesses in practice. It provides an essential reference for lawyers and others dealing with young people and adults who may be vulnerable as potential witnesses.
 
Contents

 
Introduction
Definitions of 'Vulnerable Witness'and 'The Special Measures' in Criminal and Civil Cases
Procedure in Criminal Cases - Child Witnesses
Procedure in Criminal Cases- Adult Vulnerable Witnesses
Review of Special Measures, Application to the Accused, Supplementary and Savings Provisions
Miscellaneous amendments to existing criminal justice legislation
Procedure in Civil Cases - Child Witnesses
Procedure in Civil Cases - Adult Vulnerable Witnesses
Abolition of the Competence Test
 

The Authors
 
Laura Sharp is a Lecturer in Law and Course Leader for Diploma in Legal Practice at The Robert Gordon University, Aberdeen, and a former Principal Procurator Fiscal Depute.
Margaret Ross is Head of Law at the University of Aberdeen, a solicitor and curator ad litem, and a former Mental Welfare Commissioner for Scotland.
 

Part of the Introduction
 
An Act of the Scottish Parliament to make provision for the use of special measures for the purpose of taking the evidence of children and other vulnerable witnesses in criminal or civil proceedings; to provide for evidential presumptions in criminal proceedings where certain reports of identification procedures are lodged as productions; to make provision about the admissibility of expert psychological or psychiatric evidence as to subsequent behaviour of the complainer in criminal proceedings in respect of certain offences; to prohibit persons charged with certain offences from conducting their own defence at the trial and any victim statement proof where a child witness under the age of 12 is to give evidence at the trial; to enable the court to prohibit persons from conducting their own defence at the trial and any victim statement proof in other criminal proceedings in which a vulnerable witness is to give evidence; to prohibit persons charged with certain offences from seeking to precognosce personally a child under the age of 12; to make provision about the admissibility of certain evidence bearing on the character, conduct or condition of witnesses in proceedings before a sheriff relating to the establishment of grounds of referral to children's hearings; to abolish the competence test for witnesses in criminal and civil proceedings; and for connected purposes.
 
The Vulnerable Witnesses (Scotland) Act 2004 is the only statute thus far to be devoted to making provision to assist children and vulnerable adult witnesses to give evidence. Formerly, any such statutory measures had been contained in general criminal justice or miscellaneous provisions legislation. The Act brings about four principal changes. (Three are covered in this review)
 
First, "vulnerable witness" is now defined so as to include a much wider range of adult witnesses than previously and, for the first time, witnesses who have suffered or who fear intimidation may apply for the use of special measures. The Act also applies to the accused where he or she gives evidence and meets the criteria of vulnerability under the Act. Second, child witnesses now have an automatic entitlement to the use of one or more special measures, unless they wish to give evidence without them and the court believes that it is appropriate for them to do so. There is no need to establish that the quality of the witness's testimony would be adversely affected or that the child would suffer any distress in giving evidence in the traditional manner. Third, the 2004 Act differs from previous primary legislation in that, for the first time, it permits the court to authorise the use of special measures by vulnerable witnesses in civil cases including fatal accident inquiries and in court proceedings arising out of children's hearings.
 

Reviews to date
 
"For those who felt that the Vulnerable Witnesses (Scotland) Act 2004 produced a small industry of publication, CD-ROMs, seminars and roadshows, perhaps the only welcome additional information would be a clear and concise guide to the Act. Fortunately, this is precisely what Dundee University Press has produced in booklet form."
"[The authors] have produced a compact, easy to read, comprehensive guide to the legislation."
"From a practitioner's point of view, this publication would be money well spent at 20."


Law Essentials
Property Law (Scotland)
Edition: 1st
Format: Paperback
Author: Duncan Spiers
ISBN: 978-1845860561
Publishers: Dundee University Press
Price: 13.50
Publication Date: 30 Sep 2008
 
Publisher's Title Information

 
Scottish Law
 
This is a clear and concise study and revision guide for students, containing useful summary sections of essential facts and essential cases. Designed to help students gain a quick understanding of property law and as an aid to revision for exams. This book is also an excellent resource for those who need to refresh their knowledge.
 
Contents:
 
Nature and classification of Property
Law of Ownership
Corporeal and Incorporeal
Heritable and Moveable, Accession
Real and Personal Rights
Joint and Common Property
Moveable Property
Securities over Moveables
Intellectual Property
Land Ownership
Abolition of the Feudal System and Modernisation of Scots Property Law
Title Conditions, Real Burdens Conditions, Servitudes
Land Registration
Acquisition and Transfer of Real Rights
Standard Securities
Law of the Tenement
Land Regulation
Leases
Common Law Rights, Obligations
Long Leases
Residential Leases
Trusts and Succession Matters
 
Part of the Introduction
 

Property law in Scotland is a large and complex but important area of law, governing all manner of rights and obligations concerning land and other types of possessions. It is large because of the wide range of different types of property which can be held. It is complex because of the range of different rights and obligations which can arise in these types of property. It is quite possible for a number of people to hold different interests in one item of property at one and the same time. It is for this reason that it is sometimes said that property involves a "bundle of rights". Property law is important because our possessions have enormous economic value and significance. Indeed, it is impossible to envisage any form of economy without property. Economic values are a particular type of values acknowledged by civilised societies and this social aspect of property law is of considerable significance since, in some instances, items of property may have no physical existence at all. Such items are referred to in the law as "incorporeal property" and involve things as disparate as shares in a company, rights to copyright in a created work or rights to a trademark. Property law needs to have the ability to address all of these types of economic and social values as well as applying to more mundane physical items such as goods, money and land. The various ways in which people can take possession of different types of property, retain control over them, transfer them or recover possession of them when dispossessed of them involves an understanding of the various types of property classification recognised by the law.
 
Not surprisingly, the principles of Scots law have ancient foundations. To a great extent these are derived from the Roman law, which was imported into Scots law at the height of the Renaissance and modified and laid down by the Institutional Writers, notably Bankton, Stair, Erskine and Bell in their various Institutions of the laws of Scotland. But this Roman law system was overlaid on an existing system of law, which in the case of land law involved overlaying the carefully analytical and coherent Roman law principles over a somewhat legally coarse feudal system. The resultant effect was a hybrid system of land law with some of the attributes of both sources but, as time progressed, Scots land law more than proved itself capable of development to accommodate the effect (on property law) of both the growth in urban population and the industrial growth of the 19th century. The influence of feudal law has, however, been significantly lessened by the Abolition of Feudal Tenure etc (Scotland) Act 2000.
 
There will be no attempt to lay out the principles of the historical Roman law in this volume, however, the interested reader can examine Book II ("Of Things") of Justinian's Institutes which is readily available on the Internet. There, the reader will find the treatment of the law of property by Justinian, a Roman Emperor of the 6th century CE, to be very similar in many details to the Scots common law with which this book deals and which has built upon these, with some other, Roman law principles. What is missing from Justinian's treatment is the Roman lawyer's interest in litigation and the various types of action which were used to protect possession or transfer or to enable recovery of possession of property which the pursuer claimed he had become dispossessed (of which the most important was the action of vindicatio). What these actions serve to do is to point out that the distinctive quality of the Roman law was to define property in a context where the possession was always subject to possible threats. The manner of such threats and the manner in which facts were presumed or proved, and decisions made, have been an important element in the development of the law. Frequently, modern reforming legislation has failed to carry through the careful watchfulness of those who first laid out the principles in our own law and have thus created less than effective statutes.
 
While we do not discuss the historical Roman law, it will, however, be necessary when we consider land law to discuss the feudal system since, though now effectively abolished, the form of current land law documents and their clauses are very much dependent upon an understanding of feudalism, and this state of affairs will continue for some time to come.
 

The Author
 
Author: Duncan Spiers is an advocate and lecturer in law at Napier University, Edinburgh


LINKS

"Internet Law Book Reviews", Copyright Rob Jerrard