Scottish Jurisdiction
Scots law is seen as a hybrid system, containing strands of both civil law and common law. "Historically, the Scottish legal system developed separately from the English common law, taking its roots instead of from continental Roman-based civil law. However, it has been heavily anglicised because since 1707 its legislation has emanated from Westminster and its final Court of Appeal in civil cases has been the House of Lords" (Holborn (2006) Butterworths Legal Research Guide p.253).
After centuries of civil and cross border conflicts, in 1707 Scotland signed the Treaty of Union with England and became part of the United Kingdom. Since the 1960's a continual push for devolution has resulted in the Scotland Act 1998. This Act allows for the Scottish Parliament to pass laws affecting Scotland on a range of issues.
Butterworths Legal Research Guide by Call Number: Law High Use KL 155 HOLBPublication Date: OUP, 2005
The Scottish Parliament
The Scotland Act 1998 established the first Parliament in Scotland since 1707. The Scottish Parliament has power to make laws on a range of issues that are known as devolved matters, including civil and criminal justice, education, environment, housing, social work and transport. Some issues concerning Scotland that have a UK or international impact remain the responsibility of the UK Parliament alone. These are known as reserved matters and include foreign affairs, defence, immigration and social security.
The Official Report is the full and authoritative written report of proceedings in the Scottish Parliament and its committees.
- The Scottish Parliament/ Parlamaid na h-AlbaOfficial Report can be located under the Chambers and Committees link
Scottish Legislation
The Scottish Parliament is a devolved unicameral legislature that has the power to pass statutes only affecting Scotland on matters within its legislative competence under the Scotland Act 1998. Some Westminster (UK) acts will apply to Scotland, as part of the UK as a whole, on 'reserved matters' such as immigration, defence and foreign policy.
Westlaw International contain statutes currently in effect in Scotland, including acts of the Scottish Parliament and United Kingdom acts of Parliament that apply to or reference Scotland. Coverage begins with 1706.
Acts and statutory instruments of the Scottish Parliament from 1999 can be found at the following:
- BAILLIUnreported cases including Court of Appeal (from 1998), Crown Court (from 2000), Fair Employment Industrial Tribunals (from 1998), High Court (from 1998) and Social Security Commissioners Decisions (from 1994) (Public access)
- vLex JustisvLex Justis contains the full text of current and historical reported and unreported cases from the UK dating back to 1163 (including State Trials, Times Law Reports and the English Reports) and all UK legislation ever passed (from 1235 to the present). Irish and EU cases (including decisions from the European Court of Human Rights 1961+) are also included, as well as the International Law Reports (1902+). Cases available as printable PDF images replicating the original print.
Scottish Case Law
The Scottish court structure differs from that of England and Wales and Northern Ireland. In the Scottish system, there are 4 levels of courts - the District Courts, the Sherrif Courts, the High Court of Justiciary, the Court of Session (Inner and Outer House) and the Supreme Court. As well as being the highest court of England and Wales and Northern Ireland, the Supreme Court also hears appeals from the Inner House of the Court of Session. For more information, see the Scottish Courts website.
- Judiciary of ScotlandThe Scottish court structure
Law Reports
Session Cases - Scotland's official law report series (1821- )
- Abbreviations: SC = Session Cases, Court of Sessions; SC (HL) = Session Cases, House of Lords; SC (J) = Session Cases, Court of Justiciary; SC (PC) = Session Cases, Privy Council
- Sessions CasesHard Copy in Law Library
Scottish Criminal Law (SCL) - monthly criminal case report series (2008 - )
Scots Law Times (SLT) - weekly law report series covering decisions of the Scottish courts (1893- )
Scots Revised Reports: Court of Session (Sc RR) Incorporates Scottish nominate reports (1821 - 1873):
- The Scots Revised Reports: Court of SessionCall Number: UniM Law REPFirst series contains Shaw v. 1-16 (1821-1838)
Second series contains Dunlop v. 1-24 (1838-1862)
Third series contains Macpherson v. 1-11 (1862-1873)
Scots Revised Reports: House of Lords series (Sc RR) incorporates Scottish nominate reports (1707 - 1865):
- The Scots Revised Reports : House of Lords SeriesCall Number: UniM Law REPRobertson's Appeals and Paton's Appeals (v. I, II and III) 1707-1797
Paton's Appeals (v. IV, V and VII) 1797-1821
Dow's Appeals (v. I to VI), and Bligh's Appeals (v. I to III) 1813-1821
Shaw's Appeals (2 v.) and Wilson & Shaw's Appeals (v. I and II) 1821-1827
Wilson & Shaw's Appeals (v. III to V) 1828-1831
Wilson & Shaw's Appeals (v. VI and VII), Shaw & Maclean's Appeals (v. I and II) 1832-1837
Shaw & Maclean's Appeals, (v. III), Maclean & Robinson's Appeals, Robinson's Appeals (v. I and II) 1838-1841
Bell's Appeals (v. I to VI) 1842-1849
Bell's Appeals, (v. VII), Macqueen's Appeals (v. I and II) 1850-1857
Macqueen's Appeals (v. III and IV) 1857-1865
Scottish Jurist: (SJ) Date range: 1829-1873
- HeinOnlineReports of cases decided in the Supreme Courts of Scotland and in the House of Lords on Appeal from Scotland
Scottish Law Reporter (SLR)
- The Scottish law reporterCall Number: UniM Law REPFrom Vol 1 (1865/66) - Vol 61 (1923/24) - in print in the Law Library
Containing reports of cases decided in the Court of Session, Court of Justiciary, Court of Teinds and House of Lords.
Unreported Decisions
- Scottish Court of Session decisions (1879 - (incomplete))
- Scottish High Court of Justiciary decisions (1914 - (incomplete))
- Scottish Sherrif Court decisions (1998 - )
- BAILLIUnreported cases including Court of Appeal (from 1998), Crown Court (from 2000), Fair Employment Industrial Tribunals (from 1998), High Court (from 1998) and Social Security Commissioners Decisions (from 1994) (Public access)
Scottish Journals
Legal journals specific to Scotland include:
For more titles, check the Library catalogue.
- HeinOnlineAberdeen Student Law Review (2010-)
The Edinburgh Law Review (1996-)
The Juridical Review (1889 until (and including) 1938)
- The Scottish Law ReviewCall Number: UniM Law REPPublication Date: 1885-1963And reports of cases in the sheriff courts of Scotland (Sheriff court reports are paged separately in each volume.)
Vols 1-79 - The Scots Law TimesCall Number: UniM Law REPPublication Date: 1903 -Includes several parts, each with its own title page and separately paged: Scots law times; report (began with 1895/96 vol.), Scots law times; statutes (1902/03-1948), Scots law times; news (1919-1959), Scots law times; Sheriff court reports (began with 1922 vol.), Scots law times; notes of recent decisions (began with 1960 vol.), Scots law times; Scottish Land Court reports (began with 1964 vol.), Scots law times; the Lands Tribunal for Scotland reports (began with 1971 vol.), Scots law times; Lyon Court reports (irregular since 1955 vol.)
Description based on: 1980, pt. 21 (June 6, 1980); title from cover.
Numbering begins with vol. 1, no. 2 (May 27, 1893)
Scottish Legal Research
- A General History of Scots Law (20th Century)Published by the Law Society of Scotland
The Scottish Legal System by Call Number: KL 12 WALKISBN: 0414012089Publication Date: 1992An introduction to the study of Scots law
The Scottish Legal System by Call Number: KL 12 WHITISBN: 9781845927783Publication Date: 2007-10-01Scots Law The Scottish Legal System is a popular introductory text aimed at the Scottish law undergraduate. The book sets out to present the legal system and law of Scotland as a unique and constantly changing human enterprise and places the Scottish Legal System in its broader political and social context. This new edition is thoroughly updated to reflect recent legislative and case law developments.
- Scottish Legal History: A Research GuideBy Yasmin Morais
- Researching Scottish LawFree online guide from GlobaLex
Civil Jurisdiction in the Scottish Courts by Call Number: KN 353 B2 X1 CIVIISBN: 9780414013681Publication Date: 2010The issue of jurisdiction is involved every time an action is raised in the Scottish courts. This book deals with all the areas of civil jurisdiction, extending beyond those covered by the Civil Jurisdiction and Judgments Act 1982, to provide a comprehensive service to which practitioners can turn for a full discussion and guidance.
