X-Nico

4 unusual facts about Scots Law


Corroborating evidence

In law, corroboration refers to the requirement in some jurisdictions, such as in Scotland, that any evidence adduced be backed up by at least one other source (see Corroboration in Scots law).

Scots law

Although there was some indirect Roman law influence on Scots law, via the civil law and canon law used in the church courts, the direct influence of Roman law was slight up until around the mid-fifteenth century.

Although there was some indirect Roman law influence on Scots law the direct influence of Roman law was slight up until around the 15th century.

Andrew MacDouall, Lord Bankton's An Institute of the Laws of Scotland (1751–1753);


Condictio causa data causa non secuta

Scots Law also still recognises the action of condictio causa data causa non secuta among the other condictiones, as was shown in the landmark case, in the field of unjustified enrichment (restitiution), of Shilliday v Smith (especially per Lord President Rodger).

Copyright and Related Rights Regulations 2003

A copyright holder may obtain an injunction (Scots law: interdict) against an Internet service provider (ISP) who has "actual knowledge" of another person using their service to infringe copyright or a performer's right.

Gay Star and Upstart

Gay Star was a magazine for a new period, after the extension of the relevant sections “insulting and discriminatory”, as NIGRA called it, Sexual Offences Act 1967 (as the Homosexual Offences Order in Council 1982. It was the first time the word “homosexual” appeared in the laws of the United Kingdom, which has three independent legal systems: English and Welsh law, Scots law and Northern Ireland law)

Parliamentary Counsel

However, the post has been held by a number of distinguished lawyers, for example Bernard O'Dowd in Australia, John Ferguson McLennan specialising in Scottish law (which though enacted entirely in the UK parliament from 1707 until 1999, is distinct from English law), and William Philip Schreiner in South Africa.


see also

Attorney General of the United Kingdom

Lord Advocate, until 1999, the former position for the top legal advisor on Scots law.

Civil partnership in the United Kingdom

In Scotland, names need not be changed to be considered valid (deeds poll do not exist under Scots law), though some English-based companies may still ask for proof from an official such as a Justice of the Peace.

Fire-raising

Wilful fire raising a criminal offence under Scots Law not directly equivalent to the English Law offence of arson.

John Erskine of Carnock

However, the post of Professor of Scots Law at Edinburgh University became vacant in 1737, with the death of its incumbent Alexander Bain.

John Shank More

, F.R.S.E. (1784–1861) was George Joseph Bell’s successor at the University of Edinburgh in the chair of Scots Law, which he held from 1843 to 1861.