Brian Inkster gave a talk on ‘Law: Scotland v England & Wales’ to the International Practice Group Conference in Edinburgh on 18 October 2024 wearing the three hats pictured at appropriate points during that talk!
He gave the historical background, highlighted some main differences, covered some Scots Law that has been influential around the world and pointed out a couple of things that are fairly unique in law in certain parts of Scotland.
The ‘see you Jimmy’ hat was the introductory hook that, despite some preconceptions, not all Scotsmen have ginger hair or wear tartan and, likewise, the preconception that the UK is one legal jurisdiction is also incorrect.
Brian went through the history of Scots Law looking at the early influences of Gaelic, Welsh, Norse and Anglo-Saxon customs. He took delegates from the Acts of Union in 1707 (with a shoehorn in of mention to his great grandfather (x 15 generations) King James V of Scotland and time to put that crown on!) to Devolution in 1998.
Differences were highlighted in laws and terminology e.g. Advocates v Barristers; Devils v Pupils; Delict v Tort; Executry/Confirmation v Probate; Interdict v Injunction.
For Scots law influence outwith (“outside” to those outwith!) Scotland Brian covered Donoghue v Stevenson, Moncrieff v Jamieson (quoting from Roddy Paisley’s latest book, ‘Rights Ancillary to Servitudes’, the long list of foreign jurisdictions where it has been referenced) and forum non conveniens.
Then a couple of peculiarities within Scotland: Udal Law (cue opportunity to wear the Viking helmet) and Crofting Law.