Studying Scots Law

173 Pages·2016·1.511 MB·English

by  Megan Dewart, Hector MacQueen

Studying Scots Law
Dedication
For Mum and Dad
Studying Scots Law
Fifth edition
Hector L MacQueen LL.B, PhD, FBA, FRSE
Scottish Law Commissioner
and
Professor of Private Law, University of Edinburgh
Edited by
Megan H Dewart LL.B, BCL (Oxon), DipLP, Solicitor
Law Clerk to the Lord President, Scottish Courts and Tribunals Service
Preface
This book is intended to help, inform and advise people wishing to pursue a career in law in
Scotland, those who are in the early stages of a course in law (whether or not they are minded to
have a career in the field), or those who have a general interest in Scottish law and its distinctive
legal system and want to learn a little more about it. Each edition since the first in 1993 has been
written at a time of great change in the legal profession, and this is true as ever in this fifth edition.
They entail changes in the structure of the legal system generally, particularly the structure of the
civil courts with the implementation of the recommendations of the Gill Review; the nature and
forms of legal education; the publication of legal materials (most notably on the Internet), and the
funding of the higher education system generally. There have also been changes in the economic
and politic landscape more broadly. The economic climate has improved for the aspiring lawyer
since the last edition of this book in 2012.
On 23 June 2016, the United Kingdom electorate voted to leave the European Union in a
referendum. How and when this will occur, and under what conditions, is at the time of writing
uncertain. What is certain is that it will have a significant impact on the development of Scots law,
and the structure of the legal system.
Finally, I am very grateful to Professor Hector MacQueen for inviting me to take over the
editing of this book. Your confidence in me is much appreciated and valued.
I have stated the position as at the end of June 2016, although subsequent events have been
taken into account where possible.
Megan Dewart
Edinburgh
10 July 2016
Contents
Dedication
Preface
Table of Statutes
Table of Statutory Instruments etc
Table of European and overseas materials
Table of Cases
Part I THE SCOTTISH LEGAL SYSTEM
1 The Law in Scotland
2 The Scottish Legal Profession
Part II ENTERING THE PROFESSION
3 Courses
4 The University Stage
5 Alternatives to the Law Degree
6 The Diploma in Professional Legal Practice
7 Professional Training
8 Continuing Legal Education
Part III STUDYING
9 Lectures, Tutorials and Seminars
10 Private Study
11 Researching the Law
12 Essays and Examinations
13 Homily and Epilogue
Appendix 1 Useful Addresses
Appendix 2 BA Degrees in Law
Appendix 3 Funding
Appendix 4 Latin Words and Phrases
Appendix 5 Books
Appendix 6 Useful Diagrams
Appendix 7 Some Useful Websites
Index
Table of statutes
Abolition of Domestic Rates etc (Scotland) Act 1987 here
Adults with Incapacity (Scotland) Act 2000 here
Age of Legal Capacity (Scotland) Act 1991 here
Colonial Solicitors Act 1900 here; here
Constitutional Reform Act 2005 here
Consumer Credit Act 1974 here; here, here; here
s 11 here
s 11(1)(b) here
s 12 here
s 12(b), (c) here
s 75 here
Pt IX (ss 127–144) here
Copyright Act 1911 here
Copyright Act 1956 here
Copyright, Designs and Patents Act 1988 here, here
s 37–44 here
Courts and Enforcement Act 2007 here
Courts Reform (Scotland) Act 2014 here
Curators Act 1585 here
Equality Act 2010 here
European Communities Act 1972 here, here; here; here
Health and Safety at Work etc Act 1974
Sch 7 here
Human Rights Act 1998 here, here; here; here, here; here
Insolvency Act 1986 here
Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 here; here, here, here, here, here
Public Bodies and Public Appointments etc (Scotland) Act 2003 here
Road Traffic Act 1988 here
Sale and Supply of Goods Act 1994 here
Sale of Goods Act 1979 here
Scotland Act 1998 here, here; here, here
Sch 5 here
Scotland Act 2012 here
Scottish Local Government (Elections) Act 2002 here
Solicitors (Scotland) Act 1980
s 5 here
Tribunals, Courts and Enforcement Act 2007 here
Unfair Contract Terms Act 1977 here; here
Union with England Act 1707 here, here, here, here
art XVIII here
artXIX here
Table of statutory instruments etc
Copyright and Related Rights Regulations 1996, SI 1996/2967 here
Copyright and Related Rights Regulations 2003, SI 2003/2498
Sch 1
para 26 here
Copyright (Librarians and Archivists) (Copying of Copyright Material) here
Regulations 1989, SI 1989/1212
Maximum Number of Judges (Scotland) Order 1999, SSI 1999/158 here
Overseas Solicitors (Admission) Order 1964, SI 1964/1848 here
FACULTY OF ADVOCATES MATERIALS
Code of Conduct here
Guide to the Professional Conduct of Advocates here
Regulations for Intrants
reg 8 here
Table of European and Overseas Materials
CONVENTIONS AND TREATIES
Convention for the Protection of Human Rights and Fundamental here, here, here, here; here
Freedoms (Rome, 4 November 1950)
art 6 here
Treaty establishing the European Economic Community (Rome, 25 here; here
March 1957)
Treaty of Lisbon amending the Treaty on European Union and the Treaty here, here; here
establishing the European Community (Lisbon, 13 December 2007)
Treaty on European Union (Maastricht, 7 February 1992) here, here; here
DIRECTIVES
Directive 89/104 here
Directive 98/5/EC here
REGULATIONS
Regulation 40/94 here
OVERSEAS LEGISLATION
FRANCE
Civil Code here; here
GERMANY
Civil Code here; here
Table of Cases
A
A v Scottish Ministers [2001] UKPC D5, [2003] 2 AC 602, [2002] here
UKHRR 1, [2002] HRLR 6, 2001 SLT 1331, 2002 SC (PC) 63, 2001
GWD 33-1312
Adams v Scottish Ministers [2004] Scot CS 127, 2004 SC 665 here
Al Megrahi v HM Advocate see Megrahi v HM Advocate
Axa General Insurance v Lord Advocate [2011] UKSC 46, 2011 SLT here
1061, [2011] 3 WLR 871
B
Booker Aquaculture Ltd (t/a Marine Harvest McConnell) v Scottish here
Ministers (Joined Cases C-20 & C-64/00) [2003] ECR I-7411
Brasserie du Pêcheur SA v Germany (Case C-46/93) [1996] ECR I-1029, here
[1996] QB 404, [1996] 2 WLR 506, [1996] All ER (EC) 301, [1996]
1 CMLR 889, [1996] IRLR 267, [1996] CEC 295
Britton v Johnstone (Curator Bonis to Eileen Britton) 1996 SLT 1272, here
1992 SCLR 947
Brown v Rentokil Ltd (Case C-394/96) [1998] ECR I-4185, [1998] All here
ER (EC) 791, [1998] 2 CMLR 1049, [1998] ICR 790, [1998] IRLR
445, [1998] 2 FLR 649, [1999] 1 FCR 49, (1999) 48 BMLR 126
Burnett’s Trustee v Grainger [2004] UKHL 8, 2004 SC (HL) 19, 2004 here
SLT 513, 2004 SCLR 433
C
Cadder v Her Majesty’s Advocate [2010] UKSC 43, 2011 SC (UKSC) here; here
13, 2010 SLT 1125, 2010 SCCR 951, [2010] 1 WLR 2601
Caird v Sime (1887) 14 R (HL) 37, (1887) 12 App Cas 326, 57 LJPC 2, here
57 LT 634, 36 WR 199, 3 TLR 681
Caledonia North Sea Ltd v London Bridge Engineering Ltd 2000 SLT here
1123, [2000] Lloyd’s Rep (IR) 249
Cameron v Hamilton’s Auction Marts Ltd 1955 SLT (Sh Ct) 74 here
Campbell & Cosans v UK Series A No 48, (1982) 4 EHRR 293 here
Cantiere San Rocco v Clyde Shipbuilding Co Ltd 1923 SC (HL) 105, here
[1924] AC 226, 93 LJPC 86, 130 LT 610
Christian Institute v Lord Advocate [2016] UKSC 51 here
Clancy v Caird 2000 SC 441, 2000 SLT 546, 2000 SCLR 526, [2000] here
HRLR 557, [2000] UKHRR 509
Cleisham v British Transport Commission 1964 SC (HL) 8, 1964 SLT 43 here
Crown Estate Commissioners v Shetland Salmon Farmers Association here
1991 SLT 166, 1990 SCLR 484
D
Donoghue v Stevenson 1932 SC (HL) 31, [1932] AC 562, [1932] All ER here; here, here, here; here; here
Rep 1101 LJPC 119, 147 LT 281, 37 Com Cas 350
Drake v Dow 2006 SCLR 456 here
F
Fraser v MacCorquodale 1992 SLT 229 here