Specifically Scottish Legal Resources
maintained by Delia Venables
Note that general UK Legal Resources are kept on the
UK Legal Sites and Resources page.
The links below just cover those legal resources which relate specifically to Scotland.
Another source of specifically Scottish legal sites can be found on the LexisNexis site
here.
The Scottish Parliament
was the first Parliamentary web site in the world
to have started before the Parliament came into existence! This provided
an unusual test for the people designing the site.
There are lists of
Parliamentary Questions (written ones) and the Official Report, the
equivalent of Hansard. Bills before Parliament are available
on the site in pdf format, together with commentary and information on the stage the Bill has reached.
There is information about MSP's and there is
a special section for young people and teachers.
Scottish Legislation, as
it develops, can be found here on a special part of the Office of Public Sector Information site (OPSI).
OPSI has the lead for the UK implementation of the Re-use of Public Sector Information Regulations 2005
and part of its role is to manage the online activities of HMSO. There are about eighty Scottish Acts,
grouped by each year since 1999, shown as originally passed by the Scottish Parliament and
quite a number of Statutory Instruments. There is also a separate page of links to UK Acts relating exclusively
or primarily to Scotland. The Scotland Act 1998 (the Devolution Act) is also there.
Scottish Executive (formally the Scottish Office)
is essentially the Civil Service for Scotland. It is a lively site, aimed at "ordinary people"
with current news on the front page and links to other important sites.
The work of each department is described, and contact details are given.
There is also a most impressive
list of links, covering Scottish Government and public bodies, Scottish
Local Government, UK and European Sites, and other Scottish sites.
Scottish Council for International Arbitration(SCIA)
have loaded the revised draft of the new Arbitration (Scotland) Bill on their site.
Before submitting the draft Bill to
the Scottish Executive, preliminary consultations are being carried out
with representatives from commerce, industry, local authorities, the legal
profession and members of the public. You can download the draft bill in Word format or pdf from this site
and also fill in the Consultation Response form. Consultation continues until the end of August.
Scottish Legal Resources Generally
The Scottish Courts Web Site
provides information relating to all civil and criminal courts within
Scotland, including the Court of Session, the High Court of Justiciary,
the Sheriff Courts and a number of other courts, commissions and tribunals as well the
District Courts. The information includes location details, contact numbers, advice and
details of recent significant opinions.
Court of Session opinions from September 1998, including opinions in commercial cases
from January 1998, are available. Criminal opinions of the High Court of Justiciary, including opinions in some sentence
appeals, are available. These pages will be updated at approximately 2.00 pm on any day on which new opinions
are to be published.
Casetrack, Smith Bernal's transcript
service, now offers also searchable links to the Scottish Courts website, updated daily
(subscription service).
CaseCheck offers registered users free access to a continually
updated archive of Scottish Court case summaries and also summaries of UK Employment Appeal Tribunal cases.
Presently the archive contains summaries dating back to 2005.
The archive is split up into a number of clearly defined categories and each case summary links directly to the
full, original judgment. The content of the site is user generated and the current reports are drafted
by an advocate, an employment lawyer and a professional support lawyer.
Registered users can add comments and can also receive a weekly email bulletin with details of recently
added reports.
The service builds upon and takes over the Intersettle Scottish Courts Newsletter which was a
subscription only service and was delivered to approximately seventy firms in Scotland. It is also interesting
because it is built as a "Web 2.0 service" using an open source blog platform and should become, in time,
something of a wiki. RSS is available.
The Law Society of Scotland
is the governing body for Scottish solicitors. It was established by the Legal Aid &
Solicitors (Scotland) Act in 1949. The main aims of the Society are set out in the
Solicitors (Scotland) Act 1980. In essence, the Society promotes the interests of
solicitors in Scotland and provides services to the public in this field.
All practising solicitors in Scotland must be members of the Society and must hold a
current Practising Certificate which is issued by the Society.
The site used to provide general information on Scots Law and a History and Structure of the Courts
but this seems to have disappeared now. There is a directory of all Scottish Lawyers which can be used
to find lawyers in, say, Aberdeen, as well as to find particular individuals or firms. The list can be
used to find accredited experts (solicitors) in specific fields of law such as IP & employment.
The Scottish Council of Law Reporting is
a 'not for profit' charitable company limited by guarantee, established by the Scottish legal profession in 1957 to
manage publication of Session Cases and other materials. The new site offers a set of links for major legal
resources, organised by subject area, particularly (but not limited to) Scottish ones, edited by Derek OCarroll, Advocate.
There are also some particularly interesting Session Cases from the archives
that have shaped the development of the common law around the world.
The Scottish Council of Law Reporting has licensed its Session Cases reports and its archive of law reports
back to 1930 to a number of online publishers.
The Faculty of Advocates
(the Scottish Bar) is a body of independent lawyers who have been admitted to
practise as Advocates before the Courts of Scotland. Faculty records date as
far back as 1532 when the College of Justice was established by an Act of the
Scottish Parliament, though its origins are believed to predate that event.
There are 683 members. Approximately 417 of these are practising advocates,
the remaining 266 includes judges, sheriffs, academics and retired members.
Senior Counsel or "QCs" make up around one fifth of the practising membership.
The Advocates Library is widely regarded as the
finest working law library in the British Isles with a comprehensive range of materials
built up over the last three hundred years.
The site provides
History and composition of the Faculty of Advocates
Up-to-date "stable" listings and contact details for Advocates Clerks and deputies
Information to assist practitioners involved in, or considering, Direct Professional Access.
The Society of Writers to Her Majestys Signet
(the WS Society) is apparently the oldest legal society
in the world. It is a private society of Scottish solicitors designed to represent them
but also to educate them and ensure the highest standards of professional competence.
It is open to all Scottish solicitors who have practised for 3 years and there are at
present around 675 full members. The site includes information on the history and
aims of the society and also news of meetings, legal developments, courses put on
by the Society and information about the Library (the Society is based at the
Signet Library in Edinburgh). You can book the historic rooms too.
Scottish Law Agents Society (SLAS) is the
largest voluntary association of Scottish Solicitors and
represents the interests of the profession, often providing the alternative
voice to that of the Law Society of Scotland. They respond to Consultation
Papers, comment on proposed legislation and have regular meetings with
decision makers in the regulation of the profession.
They publish the Scottish Law Gazette 6 times a year (much of which is online),
run CPD events throughout Scotland provide social events throughout the year.
Scottish Law Online is a web portal
designed by Scottish Lawyer Kevin Crombie. The site includes links to relevant
courts, legislation, organisations, governments, professional bodies, societies,
universities, journals and publishers. There is also an "A to Z"
with links to over 50 areas of Scottish law - arbitration to
workplace health and safety. Other areas of law include contract, delict, employment,
corporate, family, divorce, computer, conveyancing, international, immigration and
consumer law. The site also contains the best list of Scottish firms on the web that
there is - even better than mine.
absolvitor is a Scottish portal
providing a comprehensive directory of Scottish solicitors by location and by specialism
as well as links to key
Scottish legal sites. There is a feed of legal stories from the Scotsman and a good set
of links for legal resources generally. There is a good student section which
includes descriptions of the Scottish Law Schools. The author is Iain Nisbet who is an
Associate Solicitor at Govan Law Centre.
Minitrial is an initiative from Scottish Lawyers to help
secondary schools find out more about the Scottish legal system.
Students take part in a reconstruction of a ciminal jury trial.
The site shows an interactive court scene and describes the participants, then shows
some of the "papers" for the assault trial.
There are various materials for further work which can be downloaded. The site does not try to be
too clever but is straightforward and informative.
The Paisley Snail - Wellmeadow Cafe is
an internet meeting place for all those interested in Scots law, citizenship and education - with ginger beer and snails.
(This is a reference to the famous Paisley Snail case - see the blog for details!). There is a major effort going on at the moment to get schools (including primary schools)
involved in the processes of law in Scotland. There is also a very good selection of Scottish Law links on the site.
The Scottish Council of Law Reporting (SCLR)
makes available on its site a collection of digital resources concerning the celebrated case of Donoghue v Stevenson -
the case of the snail in the ginger beer bottle, from 1932. Now there is a new section of the site
“The Paisley Snail MiniTrial” with featured articles and images of the original court documents which
can be used by students in schools and colleges to run their own civil jury trials and to return their own verdict
in the case based on current Scottish procedure. The format is based on the successful “criminal” trials from
Minitrial, which is an educational initiative by Scottish lawyers, as above.
Teachers can download starter packs of materials for use in class.
Jonathan Mitchell QC from the Murray Stable, provides information
on the Faculty of Advocates and the Scottish Bar so that non-Scottish Lawyers can understand more what is on offer.
There is a major section on jursidiction
issues within the expanded European Union and information
on the Scottish legal System, the way the Scottish Parliament operates, housing law and public law.
Other pages give
substantive information on Scottish law with guides to judicial
review, eviction, data protection, immigration appeals, freedom of
information, and legal aid and a synopsis of new Court of Session decisions
updated weekly.
The Law Society of Scotland Directory of Expert Witnesses.
This comprehensive source of expert witnesses in Scotland, England, Wales and Northern Ireland is
published jointly between The Law Society of Scotland and W. Green.
All Expert Witnesses on this site have provided two professional references from practising solicitors
or advocates who have instructed them within the last three years.
Oswalds is the leading
provider of corporate professional services in Scotland.
The services include company formations and company secretarial
services and software, company information, conveyancing support and
environmental search services.
The Society of Solicitor Advocates,
in Scotland, provides information on what it means to be
a Solicitor Advocate, a searchable directory of those holding the additional
rights and a criminal solicitor advocates booking system. There is also a regularly updated
news section.
Scottish Legal Aid Board provides
useful information and is well laid out. It says
"In 1998/99 we paid out just over 138 million to solicitors and advocates for legal aid work.
We collected 9m in contributions, expenses and amounts recovered from assisted persons
following the successful outcome of their cases, so the net cost to the taxpayer was 129
million. We are the largest purchaser of legal services within the Scottish justice system,
and in 1998/99 we dealt with over 399,000 applications for advice and assistance, civil and
criminal legal aid and paid accounts for about 366,000 cases. Situated in Edinburgh,
we employ about 270 full-time staff. Twelve Board members,
appointed by Scottish Ministers, oversee the work."
Citizens Advice Scotland
provides extensive and detailed information on Benefits, Civil Rights, Communications,
Consumer Affairs, Education, Employment, Family Matters, Health, Housing,
Immigration, Legal System, Tax, and Travel. The viewer can also search the site
for particular topics or keywords. You can find a local office by naming the town or area.
The Crown Office and Procurator Fiscal Service
provides Scotland's independent public prosecution and deaths investigation
service. It is a Department of the Scottish Executive and is headed by the Lord
Advocate, whose position as the head of the systems of criminal prosecution and
investigation of deaths in Scotland is protected by the Scotland Act.
Scottish Legal Action Group (SCOLAG)
promotes equal access to justice in Scotland.
The Group seeks to improve and advance Scots law for the benefit of those members
of society who are economically, socially, or otherwise disadvantaged. There is a journal
available and a good set of Scottish links relating to these topics.
Legal Services Agency is a Scottish
charity offering legal assistance to the disadvantaged as well as courses and training
in legal subject areas. Housing and social welfare law are
especially covered both in the courses and in the advice and all
initial advice is free. The Agency is funded by local
authorities and the Scottish Office.
Govan Law Centre (Glasgow) provides
Scots law 'basic advice' pages on consumer affairs, housing,
neighbour nuisance, school exclusions, and other topics;
a legal resources section including caselaw on small claims,
developments on the law of debt (from a debtor's perspective),
basic guide for organisation looking for charitable status etc.,
and information on free or low cost legal events.
Education Law Unit of Govan Law Centre has an extensive site
covering educational issues. The unit, partly funded by Glasgow city Council, describes itself as "the national expert
legal resource for anyone who advises either children with special educational needs or their parents.
Working in partnership with the voluntary, statutory and independent sectors, we seek to increase the
quality and availability of training, information and advice available to such advisers and to support
and assist them in making the rights of children with special educational needs a reality."
Govan Law Centre provides additional educational sites:
* Additional Support Needs with a particular focus on the rights of disabled pupils and pupils with additional support needs
* School law (in Gallic)
The Scottish Competition Law Forum is a new venture set up
by Gordon Downie, a lawyer in the commercial division of Shepherd + Wedderburn.
The Forum, which is run on a non profit-making basis, has been set up to as a means of
bringing together those with a Scottish perspective on competition law and policy for topical discussion
and debate. Now it needs some contributions to get it going!
Scottish Low Pay Unit
is an independant organisation commited to improving the position of low paid workers.
They believe that paid work can be a vital route out of poverty, but only when workers have
access to secure jobs with decent pay and working conditions. This site describes how the
Scottish Low Pay Unit uses research, training, advice and campaign work to assist low paid workers.
The site includes information sheets on employment rights which can be printed.
Scottish Council for International Arbitration (SCIA)
is an independent body committed to the promotion of
arbitration as a method of dispute resolution and to the development of
Scotland as a base for international arbitrations. SCIA will provide
advice and information about how to undertake an arbitration in
Scotland, what advantages can be had by doing so and details about
facilities that are available. If required, details about available arbitrators
in different fields can be provided along with information about nominating bodies.
The membership of SCIA is drawn from a wide range of arbitration
and legal skills representing the diversity of talent and experience available.
Directors and commissioners of SCIA include Court of Session
Judges, Senior Advocates, Arbitrators, Solicitors. The site contains a series of papers
on arbitration in Scotland.
Scottish Prisons Service provides information
on the prisons aimed largely at the general public and including useful information like
the visiting arrangements for each prison.
Family Law Association of Scotland
has been in existence since 1989. Membership of the Association consists of members
of the legal profession in Scotland with extensive experience, specialisation or
interest in Family Law. The aims of the Association are
to promote public awareness of the positive contribution that the legal profession
has to make in Family Law,
to set up training courses to encourage and promote professional expertise,
to act as a network for the exchange of information, and
to develop a set of publicly acknowledged guidelines for its member Societies
which will encourage the sensitive, efficient and economic handling of disputes
and reaching solutions which are fair to all members of the family.
Registers of Scotland (the Land Register)
The Land Register of Scotland and the
Register of Sasines contain title information on all properties in Scotland. The
information includes ownership details, a description of the property (either verbal
or by reference to a plan), the price paid and any outstanding securities (mortgages)
which affect the property.
It sets the scene as
follows: "In Scotland, registers have been kept for centuries. Volume 1 of the Acts of
Parliament of Scotland contains a copy of an Inventory of 1282 of the registers
and records preserved in Edinburgh Castle. These early registers consisted of state
documents, royal charters and other writs."
The Property Standardisation Group ("PSG")
grew out of discussions amongst property lawyers at four Scottish law firms who
were concerned that too much time was being spent in property transactions in negotiating forms of documentation
and seeking to agree procedures, all of which could and should be regulated by a common standard.
Documents already produced by the group include Letters of Obligation, Management Documentation for Leases,
Post Feudal Reform Documentation, Certificate of Title, Due Diligence Questionnaire,
Completion Checklist and Stamp Duty Land Tax.
Scottish Law News is provided by the
Hector L MacQueen, Editor of the Edinburgh Law Review. His page provides a very
succinct summary of legal developments in Scotland each month.
