Mark Lazarowicz has a varied civil practice, specialising in housing, property, environmental, local government, equalities, human rights, and public law generally.
Biography
Mark Lazarowicz has a varied civil practice, specialising in housing, property, environmental, local government, equalities, human rights, and public law generally. He regularly appears in the Court of Session, particularly in judicial review cases, and in Sheriff Courts. He has also appeared in employment, immigration, and various tribunals (including the housing and property, and social entitlement chambers).
He has been instructed on a wide range of matters including homelessness, landlord-tenant disputes, evictions, temporary accommodation and other social housing matters; duties of local government and other public authorities; local government finance, and non-domestic rates; the community right to buy land, common good property, and asset transfer; owner-property manager disputes; mortgage repossessions; property matters generally, including flooding, nuisance, ownership questions, and boundary disputes; equalities law; and criminal injuries compensation.
From 2001 to 2015 he served as Member of Parliament for the Edinburgh North & Leith constituency, during which time he had both front bench and back bench experience, and was an active member of a number of select and standing committees. His activity in Parliament focused on environmental, energy, climate change, financial services, and constitutional issues.
He also has extensive local government experience, having served as Leader of Edinburgh Council from 1986 to 1993, and as Executive Member for Transport on Edinburgh City Council from 1999 - 2001. He has also been a member of the authority's housing and planning committees, and its licensing board.
Memberships
- Scottish Public Law Group
- Associate, Environmental Rights Centre for Scotland
Publications
His publications include:
- The Scottish Parliament: Law and Practice, February 2018 (joint author).
- ‘The Scottish Parliament: An Introduction' (joint author). 1999. New editions in 2000, 2003, 2010. T & T Clark/Butterworths/Bloomsbury.
- Excess of Damages and Civil Jury Trial, 1996 SLT (News) 251
- A Scottish Parliament, 1997 JLSS, 349
- Challenging Acts of the Scottish Parliament, 1999 Scottish Constitutional & Administrative Law and Practice, Vol 1 Issue 1, 12
- Parliamentary practices in devolved parliaments (joint author), 1998
He has written a wide range of other articles, papers and blogs on legal and public policy issues, including most recently:
- Applying for Settled and Pre-Settled Status Requires Genuine Residence, 2020
- Covid-19 and the EU Settlement Scheme, 2020
- The Long Legacy of EU Citizens' Rights after Brexit, 2018
- Community Empowerment (Scotland) Act 2015 - how radical will its consequences be?, 2015
- Could Scotland Remain in Both the EU and the UK After ‘Brexit'?, 2016
- Will Brexit Mean More Devolution to Scotland?, 2017
- The right of EU citizens in the UK to vote after ‘Brexit', 2017
He is also a frequent speaker at seminars and conferences on legal and public policy matters, most recently on:
- Further devolution under the Scotland Act 2016: the implications for housing
- The new requirements to maintain a register of common good property, and to consult on disposal.
- Asset transfers from public bodies to the community under the Community Empowerment (Scotland) Act 2015
- Access to housing, homelessness assistance and housing benefit for EU and EEA nationals.
- Mortgage repossessions.
- The community right to buy land.
Articles & Commentary
- Common Good Law - The Basics
- Greening the Scottish Government - What the SNP-Green Deal Could Mean for the Natural Environment in Scotland
- Applying for Settled and Pre-Settled Status Requires Genuine Residence
- Why COVID-19 Jeopardises the EU Settlement Scheme (and what the Home Office can do about it)
- The Long Legacy of EU Citizens Rights After Brexit
- Political Participation by EU citizens in Scotland After Brexit
- The Extension of the 'Community Right to Buy'
- Devolution after Brexit: Power Grab or a Significant Increase in Decision-making Power?
Recent Cases
- Wainwright v Scottish Ministers 2023 S.L.T. 516
- A v First-tier Tribunal (Criminal Injuries Compensation) 2022 SLT 679
- O v Aberdeen City Council 2017 S.L.T. 181, Housing; Social welfare; Human rights; EU law
- G v Stirling Council 2016 Hous. L.R. 64, Housing
- C v Stirling Council 2016 Hous. L.R. 58, Housing