Mr Malcolm Combe
Senior Lecturer
Law
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Area of Expertise
Fellow of the Higher Education Academy
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Publications
- The local authority duty to uphold access rights under the Land Reform (Scotland) Act 2003 - Brown v Glasgow City Council [2024] CSOH 76
- Combe Malcolm
- Edinburgh Law Review (2024)
- Residential tenancies : latest developments
- Combe Malcolm
- Law Society of Scotland: Conveyancing Conference 2024 (2024)
- Sham sales of privately rented homes and wrongful-termination orders : Reynolds v Henry 2024 UT 45
- Combe Malcolm
- Scots Law Times (2024)
- Ending 'no fault' evictions and the Renters' Rights Bill : lessons from Scotland
- Combe Malcolm
- The Law Society Gazette (2024)
- Private lets at a premium
- Combe Malcolm
- Journal of the Law Society of Scotland (2024)
- On windfarms and Whimbrel : Sustainable Shetland v The Scottish Ministers and another
- Combe Malcolm
- UK Earth Law Judgments Reimagining Law for People and Planet (2024) (2024)
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Teaching
Property law, land law (including land reform), commercial law, legal and professional skills, clinicial legal education, and access to justice.
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Professional Activities
- The CLT Conveyancing Conference
- Chair
- 11/6/2024
- Statute Law Review (Journal)
- Peer reviewer
- 2024
- Strathclyde Centre for Environmental Law & Governance and Norwegian Centre for the Law of the Sea Joint Workshop on Rights of Nature
- Participant
- 15/9/2023
- Scottish Law Commission (External organisation)
- Advisor
- 10/8/2022
- Right to roam: ‘There’s no such thing as trespass’ and six other Scottish access myths busted
- Recipient
- 24/3/2022
- Leases and Licences in Scots Law – An Historical-Doctrinal Analysis
- External Examiner
- 13/1/2022
Projects
- Paterson Festschrift
- Combe, Malcolm (Principal Investigator)
- 30-Aug-2024 - 31-Jul-2025
- Scotland’s Land Reform Futures
- Combe, Malcolm (Researcher)
- The project ‘Scotland’s Land Reform Futures’ will support Scottish Government policy development regarding land reform, community land ownership and engagement in land use decision-making, as well as increase understanding of the role of land ownership and land reform in achieving net zero emissions and reversing biodiversity decline in Scotland. The project will build knowledge of Scottish land reform processes and outcomes that can contribute to wider global land issues requiring urgent attention. It will seek to advance social theory on community empowerment, social justice, and the potential for progressive property rights in Scotland. The research team comprises researchers from the James Hutton Institute and Scotland’s Rural College. It is part of the Scottish Government’s Strategic Research Programme 2022-2027.
- 29-Aug-2022
- (UN)EARTHING NEW PATHWAYS FOR A JUSTICE TRANSITION: CULTIVATING HOPE AND FOOD ON CONTESTED TERRAINS IN SCOTLAND, AMAZON AND THE ARCTIC
- Garvey, Brian (Principal Investigator) Combe, Malcolm (Co-investigator) Shapovalova, Daria (Co-investigator)
- The programme brings together a multidisciplinary team of researchers from Law, Geography, Sociology of Work and Political Economy with leading figures from crofting, smallholding and indigenous communities in Scotland, the Amazon and Arctic.
This project aims to collectively produce and share both ancestral and new academic knowledge across a nexus that is critical to a just transition: the globalised financialisation of land for both the carbon and green economy, smallholder and community access to land, and sustainable production of food. These dimensions come to ground, literally, in arable land that has been an increasingly prized destination for corporate finance, with subsequent rising land prices and a deepening of contestation between commodity and food production. The programme is attentive to new policy instruments in Scotland including land reform, transparency and local empowerment and the plural ways in which other communities negotiate tensions between land asset capture for speculation, monocultures and energy forms on one hand; and rural or forest based livelihoods on the other.
The programme hinges on a hopeful dialogue across these frontiers in order to i) unearth commonality in values, experiences and aspirations for socially and ecologically committed cultivation of land; ii) investigate legal instruments within and across borders for their realisation; iii) make recommendations for effective policy implementation in Scotland. - 01-Mar-2022 - 03-Nov-2022
- (UN)EARTHING NEW PATHWAYS FOR A JUSTICE TRANSITION: CULTIVATING HOPE AND FOOD ON CONTESTED TERRAINS IN SCOTLAND, AMAZON AND THE ARCTIC
- Garvey, Brian (Principal Investigator) Combe, Malcolm (Co-investigator)
- The programme brings together a multidisciplinary team of researchers from Law, Geography, Sociology of Work and Political Economy with leading figures from crofting, smallholding and indigenous communities in Scotland, the Amazon and Arctic.
This project aims to collectively produce and share both ancestral and new academic knowledge across a nexus that is critical to a just transition: the globalised financialisation of land for both the carbon and green economy, smallholder and community access to land, and sustainable production of food. These dimensions come to ground, literally, in arable land that has been an increasingly prized destination for corporate finance, with subsequent rising land prices and a deepening of contestation between commodity and food production. The programme is attentive to new policy instruments in Scotland including land reform, transparency and local empowerment and the plural ways in which other communities negotiate tensions between land asset capture for speculation, monocultures and energy forms on one hand; and rural or forest based livelihoods on the other.
The programme hinges on a hopeful dialogue across these frontiers in order to i) unearth commonality in values, experiences and aspirations for socially and ecologically committed cultivation of land; ii) investigate legal instruments within and across borders for their realisation; iii) make recommendations for effective policy implementation in Scotland. - 01-Feb-2022 - 31-Jul-2022
- Land and Human Rights Advisory Forum
- Combe, Malcolm (Academic)
- The Land and Human Rights Advisory Forum (LAHRAF) is an expert forum that discusses the relationship between property rights and wider economic, social, and cultural rights.
The Scottish Land Commission set up the forum through a partnership with the University of Strathclyde to explore how human rights can be a facilitator for progressing land reform in Scotland.
The LAHRAF brings together leading legal thinkers with expertise in land, property and human rights, from academia and practice, to provide independent, impartial advice to the Commission on the human rights implications of policy proposals and ideas. - 28-Sep-2021 - 20-Aug-2024
- Creative Landscape Futures: Making Decisions with the Arts and Humanities
- Combe, Malcolm (Researcher) Vergunst, Jo, Lee (Co-investigator) Bevan, Anne (Co-investigator)
- Creative Landscape Futures: Making Decisions with the Arts and Humanities (2020-22)
As part of a wider AHRC RCUK programme on landscape decision-making, this research network is exploring the ways that research in the arts and humanities can contribute to how decisions are made about landscape in rural Scotland. It involves a range of network partners and stakeholders. - 25-Sep-2019