Senior Lecturer

LLB, PhD, Dip LP, NP, WS
View my full research profile

Biography

Dr Andrew Steven is a Senior Lecturer in the Law School. In August 2011 he was appointed to the Scottish Law Commission for five years where he is the Commissioner responsible for property law reform. This appointment was renewed for a further three years in August 2016.

His research work has focussed particularly on rights in security. His monograph on pledge and lien was published by the Edinburgh Legal Education Trust in 2008. In October 2010 he gave the keynote address on real security rights at the International Property Law Conference held at UNISA in Pretoria. He has also researched the landlord's hypothec from a comparative perspective and presented a paper on this at the Second Worldwide Congress on Mixed Jurisdictions in Edinburgh in 2007 which was published in the Electronic Journal of Comparative Law and the Stellenbosch Law Review in 2008. He has analysed critically the recent reform of this security in Scotland.

Since joining the Scottish Law Commission he has been responsible for a major project on moveable transactions law, which will recommend reform in relation to (a) assignation of incorporeal moveable property; (b) security over incorporeal moveable property; and (c) security over corporeal moveable property. 

He is the author along with Professor George Gretton of Property, Trusts and Succession, the second edition of which was published by Bloomsbury in 2013. A third edition is scheduled for 2017. It is the first student text to treat the three subjects in the same volume. He has also collaborated with Scott Wortley on a volume of Scots Property, Trusts and Succession Law Statutes published by Avizandum, which is now in its thirteenth edition.

Since 2004 he has taught at the annual European Private Law Summer School at the University of Salzburg and in 2009 became one of the founding members of the Akademie für Europäisches Privatrecht of Salzburg.

He is a former Associate Director of the Edinburgh Centre for Private Law. He is the Honorary Secretary of the Edinburgh Student Law Review and a Writer to the Signet.

He tweets at @andrewjmsteven.

Websites

Dr Andrew J. M. Steven's Homepage at Edinburgh Law School

Biography

Dr Andrew Steven is a Senior Lecturer in the Law School. In August 2011 he was appointed to the Scottish Law Commission for five years where he is the Commissioner responsible for property law reform. This appointment was renewed for a further three years in August 2016.

His research work has focussed particularly on rights in security. His monograph on pledge and lien was published by the Edinburgh Legal Education Trust in 2008. In October 2010 he gave the keynote address on real security rights at the International Property Law Conference held at UNISA in Pretoria. He has also researched the landlord's hypothec from a comparative perspective and presented a paper on this at the Second Worldwide Congress on Mixed Jurisdictions in Edinburgh in 2007 which was published in the Electronic Journal of Comparative Law and the Stellenbosch Law Review in 2008. He has analysed critically the recent reform of this security in Scotland.

Since joining the Scottish Law Commission he has been responsible for a major project on moveable transactions law, which will recommend reform in relation to (a) assignation of incorporeal moveable property; (b) security over incorporeal moveable property; and (c) security over corporeal moveable property. 

He is the author along with Professor George Gretton of Property, Trusts and Succession, the second edition of which was published by Bloomsbury in 2013. A third edition is scheduled for 2017. It is the first student text to treat the three subjects in the same volume. He has also collaborated with Scott Wortley on a volume of Scots Property, Trusts and Succession Law Statutes published by Avizandum, which is now in its thirteenth edition.

Since 2004 he has taught at the annual European Private Law Summer School at the University of Salzburg and in 2009 became one of the founding members of the Akademie für Europäisches Privatrecht of Salzburg.

He is a former Associate Director of the Edinburgh Centre for Private Law. He is the Honorary Secretary of the Edinburgh Student Law Review and a Writer to the Signet.

He tweets at @andrewjmsteven.

Websites

Dr Andrew J. M. Steven's Homepage at Edinburgh Law School

Courses Taught

Property Law (Ordinary)

Property Law (Honours)

Unjustified Enrichment (Honours)

PhD Supervisees

Bonnie Holligan  'Protection of Ownership in Scots Law'

Andrew Sweeney  'The Landlord's Hypothec in Scots Law'

Books and Reports

Andrew Steven, George Gretton, Property, Trusts and Succession, (Bloomsbury Professional, 2017)

Andrew Steven, Scott Wortley, Avizandum Statutes on Scots Property, Trusts and Succession Law 2016-2017, (Avizandum, 2016)

Andrew Steven, Scott Wortley, Avizandum Statutes on Scots Property, Trusts and Succession Law 2015-2016, (Avizandum, 2015)

Andrew Steven, Scott Wortley, Avizandum Statutes on Scots Property, Trusts and Succession Law 2013-2014, (Avizandum, 2013)

Andrew Steven, Scott Wortley, Avizandum Statutes on Scots Property, Trusts and Succession Law 2012-2013, (Avizandum, 2012)

Andrew Steven, Scott Wortley, Avizandum Statutes on Scots Property, Trusts and Succession Law 2011-2012, (Avizandum, 2011)
Abstract: A collection of statutory material on Scottish property, trusts and succession law.

Andrew Steven, Scott Wortley, Avizandum Statutes on Scots Property, Trusts and Succession Law 2010-2011, (Avizandum, 2010)
Abstract: A collection of statutory material on Scottish property, trusts and succession law.

George L. Gretton, Andrew J. M. Steven, Property, Trusts and Succession, (Tottel Publishing, 2009)
Abstract: Written by expert authors, this book provides full coverage of the property, trusts and succession part of the LLB syllabus in Scotland in one convenient volume. The book covers the new land law regime and is the first student textbook to cover the difficult subject of the Land Registration (Scotland) Act 1979 in detail and it does so it the context of the planned reforms of the Scottish Law Commission. This important title will also prove a useful source of reference to practitioners seeking an introduction to this area of law.

Andrew Steven, Scott Wortley, Avizandum Statutes on Scots Property, Trusts and Succession Law 2009-2010, (Avizandum, 2009)
Abstract: A collection of statutory material on Scottish property, trusts and succession law.

Andrew J. M. Steven, Pledge and Lien, (Edinburgh Legal Education Trust, 2008)
Abstract: A comprehensive account of the law of pledge and lien in Scotland, tracing the historical development of the two securities and examining Roman, English and other influences in the context of Scotland as a mixed legal system.

Andrew Steven, Scott Wortley, Avizandum Statutes on Scots Property, Trusts and Succession Law 2008-2009, (Avizandum, 2008)
Abstract: A collection of statutory material on Scottish property, trusts and succession law.

Andrew J. M. Steven, Scott Wortley, Avizandum Statutes on Scots Property, Trusts and Succession Law 2008-2009, (Avizandum, 2008)
Abstract: A collection of statutory material on Scottish property, trusts and succession law.

Andrew Steven, Scott Wortley, Avizandum Statutes on Scots Property, Trusts and Succession Law 2007-2008, (Avizandum, 2007)
Abstract: A collection of statutory material on Scottish property, trusts and succession law.

Andrew Steven, Scott Wortley, Avizandum Statutes on Scots Property, Trusts and Succession Law 2006-2007, (Avizandum, 2006)
Abstract: A collection of property, trusts and succession statutes.

Andrew Steven, Scott Wortley, Avizandum Statutes on Scots Property, Trusts and Succession Law 2005-2006, (Avizandum, 2005)
Abstract: A collection of Scottish statutes on property, trusts and succession.

Andrew Steven, Scott Wortley, David A. Brand, Professor McDonald's Conveyancing Manual, (LexisNexis Butterworths, 2004)
Abstract: The seventh edition of a standard Scottish conveyancing text. It is extensively revised to take account of feudal abolition, the reform of title conditions and the law of the tenement and many other matters.

Articles

Andrew Steven, 'Scottish Property Law 2017 ', (2017), Juridical Review, pp 21-31

Andrew Steven, 'Developments in the Scottish Law of Land Registration ', (2014), Juridica International, Vol 22, pp 37-42
Abstract: The article considers the development of land registration in Scotland, beginning with the Registration Act 1617. This introduced the Register of Sasines, a deed-based register. In the twentieth century, it was decided to move over to a register of title allowing all land to be mapped, but the Land Registration (Scotland) Act 1979, which introduced the new Land Register, was inadequate and problematic. In particular, it was inconsistent with underlying Scottish property law. In addition, the speed at which properties have moved from the old register to the new has been slow. The 1979 legislation has now been replaced with the Land Registration etc. (Scotland) Act 2012. This is a far more impressive piece of legislation. It reforms the Land Register so that it fits with general property law and simultaneously speeds up the process of moving properties into it. The 2012 legislation also brings Scottish land‑registration law closer to its German and Estonian counterparts.

Andrew Steven, 'Law Reform on Track ', (2013), Journal of the Law Society of Scotland, pp 4
Abstract: An overview of the Joint Report of the Law Commission and Scottish law Commission on Level Crossings.

Andrew Steven, 'Secured Transactions Reform ', (2013), Edinburgh Law Review, Vol 17, pp 251-56

Andrew Steven, 'Essays in Honour of CG van der Merwe. Eds H Mostert and M J de Waal ', (2013), Edinburgh Law Review, Vol 17, pp 265-66

Andrew Steven, 'Review of A Todd and R Wishart, 'The Lands Tribunal for Scotland: Law and Practice' ', (2013), Scottish Planning and Environmental Law, pp 72

Andrew J. M. Steven, Alastair Smith, Neil Campbell, 'Prescription and Title to Moveable Property ', (2012), Scots Law Times, pp (News) 139
Abstract: An overview of SLC Report on Prescription and Title to Moveable Property (Scot Law Com No 228, 2012)

Andrew J. M. Steven, 'Prescription and Title to Moveable Property ', (2012), Journal of the Law Society of Scotland, Vol June
Abstract: An overview of the Scottish Law Commissions's report on prescription and title to moveable property.

Andrew Steven, 'Obituary: Lord Rodger of Earlsferry', (2012), Fundamina, Vol 18, pp 189-92
Abstract: Alan Rodger was indisputably the pre-eminent Scottish lawyer of his generation. This is because he had two outstanding careers, one academic and the other as public servant and judge.

Ross Gilbert Anderson, Ken Oliphant, Robin Evans-Jones, Andrew Steven, 'Principles, Definitions and Model Rules of European Private Law: Draft Common Frame of Reference (DCFR). Full Edition. Ed by Christian von Bar and Eric Clive ', (2011), Edinburgh Law Review, Vol 15, pp 306-14

Andrew J. M. Steven, 'Review of Books VIII, IX and X of the DCFR ', (2011), Edinburgh Law Review, pp 312-314
Abstract: A book review of the property law books of the Draft Common Frame of Reference.

Andrew J. M. Steven, Richard Leslie, 'Cool drafting ', (2010), Journal of the Law Society of Scotland, pp 54-55
Abstract: An assessment of the new climate change burden.

Andrew J. M. Steven, 'Property Issues In Lien ', (2010), Edinburgh Law Review, Vol 14, pp 455-58
Abstract: A case comment on two recent cases on lien.

Andrew Steven, Sarah Skea, 'The Landlord's Hypothec: Difficulties in Practice', (2010), Scots Law Times, pp (News) 120-23
Abstract: An analysis of the current difficulties affecting the landlord's hypothec under the Bankruptcy and Diligence etc (Scotland) Act 2007 s 208.

Andrew Steven, 'Accessoriness and Security over Land ', (2009), Edinburgh Law Review, Vol 13, pp 387-426
Abstract: A historical and comparative analysis of the accessoriness principle in relation to securities over land.

Andrew Steven, 'Missing the Boat: Lien for Damages', (2008), Edinburgh Law Review, Vol 12, pp 270-75
Abstract: An analysis of Air and General Finance Ltd v RYB Marine Ltd in relation to a lien for damages.

Andrew Steven, David Massaro, 'Standard Securities and Variations to the Standard Conditions ', (2008), Scots Law Times, pp (News) 271
Abstract: A critical analysis of standard variations made by lenders to the standard conditions in standard securities.

Andrew Steven, 'The Landlord's Hypothec in Comparative Perspective ', (2008), Electronic Journal of Comparative Law, Vol 12
Abstract: A comparative account of the landlord's hypothec with particular reference to its third party effect, considering the extent to which the remedy is still available in other systems.

Andrew Steven, 'Lien as an Excludable and Equitable Right ', (2008), Edinburgh Law Review, Vol 12, pp 280-83
Abstract: An analysis of Onyvax Ltd v Endpoint Research (UK) Ltd in relation to excluding lien and lien as an equitable right. The lien was being asserted over the results of medical research.

Andrew Steven, 'By the Book: Enrichment by Interference', (2007), Edinburgh Law Review, Vol 11, pp 411-15
Abstract: An analysis of HarperCollins Publishers Ltd v Young.

Andrew Steven, Scott Wortley, 'Is that Burden Dead Yet (part 2)? ', (2006), Journal of the Law Society of Scotland, pp 50-53
Abstract: A discussion of the ways in which real burdens can be extinguished under the new law.

Andrew Steven, Scott Wortley, 'Is that Burden Dead Yet? (part 1) ', (2006), Journal of the Law Society of Scotland, pp 46-49
Abstract: A practical account of the extent to which real burdens have survived feudal abolition and how to extinguish them if they have.

Andrew Steven, 'Goodbye to Sequestration for Rent ', (2006), Scots Law Times, pp (News) 17-20
Abstract: An analysis of the Bankruptcy and Diligence (Scotland) Bill s 194 which amends the law on the landlord's hypothec and abolishes sequestration for rent.

Andrew Steven, 'Options to Purchase and Successor Landlords ', (2006), Edinburgh Law Review, Vol 10, pp 432-37
Abstract: An analysis of the recent case of Advice Centre for Mortgages v McNicoll and the issues raised.

Andrew Steven, 'Stellenbosch Succession Conference ', (2006), Zeitschrift für Europäisches Privatrecht, pp 487
Abstract: An overview of a conference on succession law at Stellenbosch in 2005.

Andrew Steven, 'Review of D Carey Miller with D Irvine, Corporeal Moveables in Scots Law (2nd edn, 2005) ', (2006), Edinburgh Law Review, Vol 10, pp 453-54
Abstract: A review of this new edition of a standard text.

Andrew Steven, 'Property Law and Human Rights ', (2005), Juridical Review, pp 293-310
Abstract: This article considers the impact which the European Convention on Human Rights has had on Scottish property law in its first five years of direct enforceability. It begins by giving an overview of domestic human rights legislation, with an examination of the difficult question of the extent to which the Convention has had horizontal effect. There follows a discussion of Art. 1, Protocol 1 - the provision in the Convention which protects property rights. Thereafter, the effect of this provision on existing Scottish law and new legislation is considered. The conclusion drawn is that the impact has been more apparent as regards the latter than the former.

Andrew Steven, 'Title Conditions: Servitudes and Real Burdens Compared', (2005), Scottish Law Gazette, pp 81-84
Abstract: A comparison of real burdens and servitudes under the new law.

Andrew Steven, 'Revolution in Scottish Land Law ', (2004), Electronic Journal of Comparative Law, Vol 8
Abstract: On 28 November 2004, Scottish land law will be subject to a radical overhaul. The feudal system of landholding, now unique in the developed world, will finally be swept away. This major reform, however, has necessitated substantive changes in the law relating to perpetual conditions affecting land. The law on real burdens will effectively be codified and the law on servitudes amended. The final piece of the revolution is to place the Scottish law of the tenement (apartment ownership) onto a statutory footing. This article gives an overview of the changes and concludes that they should be of great interest to those involved in developing and reforming the law in other jurisdictions

Andrew Steven, 'Land Tenure Reform ', (2004), Scottish Planning and Environmental Law, pp 87-90
Abstract: An analysis of the effect of feudal abolition and title condition reform on planning and development.

Andrew Steven, 'Case note on Burnett's Trustee v Grainger ', (2004), Scottish Civil Law Reports, pp 482-84
Abstract: Commentary on the House of Lords decision.

Andrew Steven, 'Modern Studies in Property Law, Volume 1, Property 2000. Ed by Elizabeth Cooke (Oxford: Hart Publishing, 2001) ', (2003), Edinburgh Law Review, Vol 7, pp 128-30
Abstract: A review of a collection on essays on property law in the year 2000.

Andrew Steven, 'The Land Reform Scotland Act 2003 ', (2003), Green's Property Law Bulletin, pp 5
Abstract: Summary of the new legislation on access rights and community right to buy.

Andrew Steven, 'Implied Enforcement Rights in Relation to Real Burdens in Terms of the Title Conditions Scotland Act 2003 ', (2003), Scottish Law Gazette, pp 146-53
Abstract: An analysis of the new rules for implied enforcement rights in relation to real burdens created prior to 28 November 2004.

Andrew Steven, 'Scottish Land Law in a State of Reform ', (2002), Journal of Business Law, pp 177-94
Abstract: An overview of the current programme of Scottish land law reform with particular focus upon its effect on businesses.

Andrew Steven, 'Sharp v Thomson: A Reply', (2002), Scottish Law Gazette, pp 2
Abstract: A reply to an article by Ken Swinton commenting on the Scottish Law Commission Discussion Paper on Sharp v Thomson.

Andrew Steven, 'Goodbye to the Landlord's Hypothec? ', (2002), Scots Law Times, pp (News) 177
Abstract: A critique of the Scottish Executive's proposals for reform of sequestration for rent.

Andrew Steven, 'The Progress of Article 1 Protocol 1 in Scotland ', (2002), Edinburgh Law Review, Vol 6, pp 396-401
Abstract: A commentary on two cases showing that Article 1 Protocol 1 of the European Convention on Human Rights is going to impact upon Scots property law.

Andrew Steven, 'Aliment and Prescription ', (2002), Greens Family Law Bulletin, Vol 55, pp 2
Abstract: A discussion of the operation of the Prescription and Limitation (Scotland) Act 1973 in relation to aliment payments.

Andrew Steven, 'Reform of the Law of the Tenement ', (2001), Green's Property Law Bulletin
Abstract: An overview of the Scottish Law Commission's proposals for reform of the law of the tenement.

Andrew Steven, Scott Wortley, 'The Modernisation of Real Burdens and Servitudes: Some Observations on the Title Conditions (Scotland) Bill Consultation Paper', (2001), Scottish Law & Practice Quarterly, Vol 6, pp 261-85
Abstract: An analysis of the Scottish Executive's Consultation Paper on the Scottish Law Commission's Report on Real Burdens.

Andrew Steven, 'D Carey Miller and A Pope, Land Title in South Africa (Kenwyn: Juta, 2000) ', (2001), Edinburgh Law Review, Vol 5, pp 263-64
Abstract: A review of a book on the new South African land law legislation.

Andrew Steven, 'Reform of Real Burdens ', (2001), Edinburgh Law Review, Vol 5, pp 235-42
Abstract: An account of the Scottish Law Commission's Report on Real Burdens.

Andrew Steven, 'Keeping the Goalposts in Sight: An Analysis of Optical Express (Gyle) Limited v Marks and Spencers plc', (2000), Scots Law Times, pp 143-46
Abstract: An analysis of this decision, with particular focus on the property law doctrine known as the offside goals rule.

Andrew Steven, 'Problems in the Land Register ', (1999), Scots Law Times, pp (News) 163-67
Abstract: An article surveying recent cases which have illustrated deficiencies in the Land Registration (Scotland) Act 1979.

Andrew Steven, 'Eviction Evicted: Warrandice after the Contract (Scotland) Act 1997', (1998), Scots Law Times, pp (News) 283-86
Abstract: An account of the effect of the 1997 Act on the obligation of warrandice.

Andrew Steven, 'One Hundred Years of Gloag and Irvine ', (1997), Juridical Review, pp 314-27
Abstract: An article marking the centenary of Gloag and Irvine's Law of Rights in Security, considering its influence on real security in Scots law.

Andrew Steven, Scott Wortley, 'The Perils of a Trusting Disposition ', (1996), Scots Law Times, pp (News) 365-69
Abstract: A consideration of whether the use of trust clauses by conveyancers in dispositions is a good idea.

Andrew Steven, 'Recompense for Interference in Scots Law ', (1996), Juridical Review, pp 51-65
Abstract: Recent discussions of the law of unjustified enrichment have identified a distinct category where liability arises from one party taking a benefit from a second party by actively interfering with the second party's property. Steven uses this idea of 'interference action' to analyse a wide variety of situations in the law of recompense. His analysis shows that although interference actions have hitherto been given little explicit recognition by the Scottish courts, a more direct adoption of this concept would be an important step in reducing much of the doctrinal confusion which characterises the Scots law of unjustified enrichment.

Andrew Steven, 'Reform of Security over Moveable Property: Some Further Thoughts', (1995), Scots Law Times, pp (News) 120
Abstract: Some comments on the DTI Consultation Paper on Reform of Security over Moveables in Scotland

Chapters

Andrew Steven, Hamish Patrick, 'Reforming the law of secured transactions in Scotland ' in Louise Gullifer, Orkun Akseli (ed.) Secured Transactions Law Reform (Hart Publishing 2016) 253-267

Andrew Steven, 'A Golden Era? The Impact of the Scottish Law Commission on Property Law' in Warren Barr (ed.) Modern Studies in Property Law (Hart Publishing 2015) 13-30

Andrew Steven, 'Real Security Rights Time for Cinderella to go the ball?' in Susan Scott, Jeannie van Wyk (ed.) Property Law Under Scrutiny (Juta 2015) 61-76
Abstract: An analysis of importance of the law of real security rights, with particular reference to Scotland and South Africa.

Andrew Steven, 'Harmonisation of European Private Law Some Thoughts from Scotland' in Johannes Michaël Rainer, Erik Van den Haute (ed.) Liber Amicorum David Pugsley (Bruylant 2013) 171-78

Andrew Steven, 'Rights in Security ' in Elspeth Reid, Daniel Visser (ed.) Private Law and Human Rights (Edinburgh University Press 2013) 418-36

Andrew Steven, David Carey Miller, Malcolm Combe, Scott Wortley, 'National Report on the Transfer of Movables in Scotland ' in Wolfgang Faber, Brigitta Lurger (ed.) National Reports on the Transfer of Movables in Europe (Sellier 2009) 307-470
Abstract: Scottish report on transfer of moveables.

Andrew Steven, 'The effect of security rights inter partes ' in Ulrich Drobnig, Henk Snijders, Erik-Jan Zippro (ed.) Divergences of Property Law (Sellier 2006)
Abstract: A comparative study of the contractual effect of moveable security with reference to various EU jurisdictions, considering the difficulties with regard to harmonisation.

Andrew Steven, 'Transfer of Title in Scottish Law ' in Johannes Michael Rainer, Johanna Filip-Froeschl (ed.) Transfer of Title Concerning Movables (Peter Lang Publishing Group 2006) 155-72
Abstract: An overview of transfer of title in Scotland from a comparative perspective.

Andrew Steven, 'The Land Reform (Scotland) Act 2003 ' in Kenneth Reid, George Gretton (ed.) Conveyancing 2003 (LexisNexis 2004) 131-41
Abstract: Commentary on the new legislation.

Andrew Steven, 'Adults with Incapacity (Scotland) Act 2000 ' in Kenneth G. C. Reid, George L. Gretton (ed.) Conveyancing 2002 (LexisNexis 2003) 100-11

Andrew Steven, 'Rights in Security over Moveables ' in Kenneth Reid, Reinhard Zimmermann (ed.) A History of Private Law in Scotland (Oxford University Press 2000) ch 8

Working Papers

Andrew Steven, 'Real Security Rights: Time for Cinderella to go to the Ball?' 2011
Abstract: An overview of the law of real security rights in Scotland and South Africa.

Andrew Steven, 'Accessoriness and Security over Land ' 2009
Abstract: This paper analyses the extent to which real security over land in Scotland complies with the accessoriness principle. It takes both a historical and a comparative approach and also considers accessoriness in the context of the proposed Euromortgage.