Avizandum Catalogue 2020
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SCOTLAND Prof. Jane Mair School of Law, University of Glasgow Scotland August 2008
NATIONAL REPORT: SCOTLAND Prof. Jane Mair School of Law, University of Glasgow Scotland August 2008 A. General Questions 1-7 p. B. General rights and duties of Questions 8-14 p. spouses concerning household expenses, transactions with respect to the matrimonial home and other matters irrespective of the single matrimonial property regime C. Matrimonial property regimes C.1. General issues Questions 15-19 p. C.2. Specific regimes I. Community of property Questions 20-56 Not relevant II.Community of accrued Questions 57-90 Not relevant gains/Participation in acquisitions III. Deferred community Questions 91-128 Not relevant IV. Separation of property Questions 129-160 Not relevant V. Separation of property with Questions 161-190 p. distribution by the competent authority D. Marital agreements Questions 191-201 p. Property relationship between spouses - SCOTLAND NATIONAL REPORT: SCOTLAND Prof. Jane Mair School of Law, University of Glasgow Scotland August 2008 A. GENERAL 1. Are there special rules concerning the property relationship between spouses (explaining what is meant by spouses)? If so, briefly indicate the current sources of these rules. a. upon marriage Scots law has a system of separate property during marriage and consequently marriage in itself has no effect on the property of the spouses. This general principle is currently set out in S. 24 of the Scots Family Law Act 1985 which provides that marriage in itself does not affect the property of either spouse. In general, the approach of Scots law is to treat husband and wife as ‘strangers’ 1 in terms of their property, focusing on their property rights rather than on their matrimonial relationship. -
Foi-17-02802
Annex B Deputy First Minister’s briefing for James Wolffe meeting on 3 March 2016: Meeting with James Wolffe QC, Dean of Faculty of Advocates 14:30, 3 March 2016 Key message Support efforts to improve the societal contribution made by the courts. In particular the contribution to growing the economy Who James Wolffe QC, Dean of Faculty of Advocates What Informal meeting, principally to listen to the Dean’s views and suggestions Where Parliament When Date Thursday 3 March 2016 Time 14:30 pm Supporting Private Office indicated no officials required officials Briefing and No formal agenda agenda Annex A: Background on Faculty and biography of Mr Wolffe Annex B: Key lines Annex C: Background issues Copy to: Cabinet Secretary for Justice Minister for Community Safety and Legal Affairs DG Learning and Justice DG Enterprise, Environment and Innovation Neil Rennick, Director Justice Jan Marshall [REDACTED] Nicola Wisdahl Cameron Stewart [REDACTED] John McFarlane, Special Adviser Communications Safer & Stronger St Andrew’s House, Regent Road, Edinburgh EH1 3DG www.scotland.gov.uk MEETING WITH JAMES WOLFFE QC ANNEX A Background The Faculty of Advocates is an independent body of lawyers who have been admitted to practise as Advocates before the Courts of Scotland. The Faculty has been in existence since 1532 when the College of Justice was set up by Act of the Scots Parliament, but its origins are believed to predate that event. It is self- regulating, and the Court delegates to the Faculty the task of preparing Intrants for admission as Advocates. This task involves a process of examination and practical instruction known as devilling, during which Intrants benefit from intensive structured training in the special skills of advocacy. -
The New Civil Procedure Rules First Report
The New Civil Procedure Rules First Report May 2017 Contents Foreword ........................................................................................................................... 1 Chapter 1. Introduction .................................................................................................... 3 Background to the rules rewrite project.............................................................................. 3 The Acts ........................................................................................................................ 3 The Rules Rewrite Working Group ................................................................................. 4 The Rules Rewrite Drafting Team and implementation of the 2014 Act .......................... 5 The Rules Rewrite Project ................................................................................................. 6 The scope of the project ................................................................................................. 6 Matters out with the scope of the project ........................................................................ 8 Purpose of this report ........................................................................................................ 9 Discussion papers .......................................................................................................... 9 Engagement with the public and the professions ......................................................... 10 Chapter 2. A statement of principle ............................................................................. -
A Critical Evaluation of the Rights, Status and Capacity of Distinct Categories of Individuals in Underdeveloped and Emerging Areas of Law
A Critical Evaluation of the Rights, Status and Capacity of Distinct Categories of Individuals in Underdeveloped and Emerging Areas of Law Lesley-Anne Barnes Macfarlane LLB (Hons), Dip LP, PGCE, LLM A thesis submitted in partial fulfilment of the requirements of Edinburgh Napier University, for the award of Doctor of Philosophy May 2014 1 Acknowledgements I would like to express my sincere gratitude to my supervisors, Dr Richard Whitecross and Dr Sandra Watson, for giving me their time, guidance and assistance in the writing up of my PhD Critical Appraisal of published works. I am indebted to my parents, Irene and Dennis, for a lifetime of love and support. Many thanks are also due to my family and friends for their ongoing care and companionship. In particular, I am very grateful to Professors Elaine E Sutherland and John P Grant for reading through and commenting on my section on Traditional Legal Research Methods. My deepest thanks are owed to my husband, Ross, who never fails in his love, encouragement and practical kindness. I confirm that the published work submitted has not been submitted for another award. ………………………………………… Lesley-Anne Barnes Macfarlane Citations and references have been drafted with reference to the University’s Research Degree Reference Guide 2 CONTENTS VOLUME I Abstract: PhD by Published Works Page 8 List of Evidence in Support of Thesis Page 9 Thesis Introduction Page 10 (I) An Era of Change in the Individual’s Rights, Status and Capacity in Scots Law (II) Conceptual Framework of Critical Analysis: Rights, -
'… and for 39 Years I Got on with It.'
OLDER WOMEN AND DOMESTIC VIOLENCE IN SCOTLAND ‘… and for 39 years I got on with it.’ 2021 3/2004 2021 Prepared for Health Scotland by the Centre for Research on Families and Relationships. Published by Health Scotland, Woodburn House, Canaan Lane, Edinburgh EH10 4SG. ISBN: 1-84485-111-7 © Centre for Research on Families and Relationships and NHS Health Scotland, 2004. The views expressed in this report do not necessarily represent those of Health Scotland. Authors: Marsha Scott, Linda McKie, Sarah Morton, Elizabeth Seddon Fran Wasoff. Design: Clear Design Scotland Limited. Photography: Angus Bremner. All photographs use models. CONTENTS SUMMARY 3 1. INTRODUCTION 1.1 The issues 4 1.2 The questions 4 1.3 The data 6 1.4 The analysis and key themes 6 2. DATA ON PREVALENCE AND DATA SOURCES 2.1 Sources of statistical information 8 2.2 Statistics on domestic violence from the Scottish Crime Survey 10 2.3 Homelessness statistics and domestic violence 10 2.4 Scottish Women’s Aid statistics 11 3. WHAT THE LITERATURE SAYS: A THEMATIC SUMMARY 3.1 Looking at the literature 12 3.2 Sexism, ageism, elder abuse and domestic violence – framing the issues 12 3.3 Age and/or life stage in definitions of the older woman experiencing domestic violence 15 3.3.1 Attitudes 16 3.3.2 Dependency 17 3.3.3 Prolonged trauma 18 3.4 Prevalence 19 3.4.1 Visible incidence 19 3.4.2 Regional figures 20 3.4.3 Same-sex relationships 21 3.5 Service and programme models 21 3.6 Policy 24 3.7 Information from the web 25 4. -
Stair Society Publications
STAIR SOCIETY Publications Various, An Introductory Survey of the Sources and Literature of Scots Law, Stair Society, 1 (1936) Native sources. Watson, W., The statutory law. Hannay, R.K., Early records of Council and Session, 1466-1659. Mckechnie, H., Practicks, 1469-1700. Leadbetter, J.S., The printed law reports, 1540-1935. Black, A.C., The institutional writers, 1600-1829. Cooper, T.M., Regiam majestatem and the auld lawes. Dickson, W.K., Privy Council records, 1545-1707. Inglis, J.A., Financial and administrative records, 1264-1724. Robertson, D. and Wood M., Burgh court records, 1319-1834. Malcolm, C.A., Sheriff and other local court records, 1385-1935. Walton, F.P., The courts of the officials and the commissary courts, 1512-1830. Grant, Sir Francis J., Presbyterian court records, 1560-1935. Anderson, D., Custom. Non-native sources. Smith, D.B., Roman law. Smith, D.B., Canon law. Girvan, J., Feudal law. MacGillivray, E.J., The influence of English law. Gardner, J.C., French and Dutch influences. Gardner, J.C., The influence of the law of Moses. Murray, C.D., The law merchant. Wakr, J.L., The law of nature. Indirect sources. Angus, W., Charters, cartularies and deeds, 1094-1700. Cameron, A.I., Vatican Archives, 1073-1560. Munro, R., Brocards. Anbgus, W., Notorial protocol books, 1469-1700. Wedderburn, E.M. and Lawrie, A.E., Style books. Brown, J.C., Scottish legal periodicals, 1829-1935. Special subjects. McMillan, A.R.G., Admiralty and maritime law. Cameron, J., Celtic law. Philip, J.R., Constitutional law and history. Gillon, S.A., Criminal law. Learney, T.I. -
The Future Impact and Effect of Brexit on Scots Law and the Scottish Legal System
The Law Society of Scotland The Future Impact and Effect of Brexit on Scots law and the Scottish legal system I Chapter1 The Law Society of Scotland: The future impact and effect of Brexit on Scots law and the Scottish legal system Contents Foreword 1 Executive summary 2 Introduction 4 CHAPTER 1 The development of the Scottish legal system 7 CHAPTER 2 The courts and tribunals in Scotland 12 CHAPTER 3 The United Kingdom’s decision to leave the European Union 18 CHAPTER 4 The consequences of the United Kingdom leaving the European Union 25 CHAPTER 5 The EU impact on Scots Law 40 CHAPTER 6 Common frameworks 59 CHAPTER 7 Teaching EU Law in law schools post-Brexit 67 CHAPTER 8 Conclusions 70 Bibliography 74 III The Law Society of Scotland: The future impact and effect of Brexit on Scots law and the Scottish legal system Chapter IV 1 The Law Society of Scotland: The future impact and effect of Brexit on Scots law and the Scottish legal system Foreword In 2016 the United Kingdom voted to leave the European Union. In the three years since that historic vote there has been much debate on Brexit and the impact it will have throughout the UK and in Europe, however a great deal of uncertainty remains over our departure and future outwith the EU. What we can be certain of is that leaving the EU will We are very grateful to the Legal Education Foundation have a profound effect on Scots Law and on the legal whose funding has allowed us to dedicate the time and profession. -
FAMILY LAW | University of Stirling
09/28/21 LLBU9FL / LAWU9LF : FAMILY LAW | University of Stirling LLBU9FL / LAWU9LF : FAMILY LAW View Online Professor Elaine E Sutherland 2 items Please note : (2 items) 'Students are required to use the Library Catalogue and Legal Databases to search for books, journal articles and legislation on this reading list. Access to these resources is available via the Library - http://libguides.stir.ac.uk/law' The following items are the main secondary sources that will be used in Family Law (LLBU9FL/LAWU9LF) in spring 2015. However, students should consult Lecture Outline I: Concepts and Child Law and Lecture Outline II: Adult Relationships (both available on Succeed) for the reading associated with each lecture. These documents also refer to statutory material, cases and specific articles in journals. No automatic link is provided to these sources because developing your research skills is one of the learning outcomes of the module. Essential Course Text: Mair, Avizandum Statutes on Scots Family Law 2014-2015 (12th edn Avizandum, Edinburgh 2014) Highly recommended reading: Elaine E Sutherland, Family (LawBasics 3rd edn W. Green, Edinburgh 2014) Other material: Books: Elaine E Sutherland, Child and Family Law (2nd edn W. Green, Edinburgh 2008); 1/4 09/28/21 LLBU9FL / LAWU9LF : FAMILY LAW | University of Stirling Alison Cleland and Elaine E Sutherland, Children's Rights in Scotland (3rd edn W. Green, Edinburgh 2009); P.G.B. McNeil and M. Jack, Adoption of Children in Scotland (4th edn W. Green, Edinburgh 2010); K. McK. Norrie, The Law Relating to Parent and Child in Scotland (3rd edn W. Green, Edinburgh 2013); K. -
Many Members of the Scottish Legal Profession Were Surprised, Open
I!!!I SCOTTISH LEGAL EDUCATION AND THE LEGAL PROFESSION DAvID EDWARD Many members of the Scottish legal profession were surprised, open• ing their Scotsman on January 24, 1990, to find a centre-page article by Professor William Wilson entitled The Death Sentence for Scots Law. It began: "The Law Reform (Miscellaneous Provisions) (Scotland) Bill,pre• sently before parliament, should be titled the Scots Law (Abolition) Bill because that indicates its object and probable effect. Like all such bills, it is a cocktail:on top float a few cherries and bubbles-easier divorce, control of charities, licensing reform-which will no doubt attract most of parliaments's attention. "Under the surface, however, fulminates a toxic brew which may well prove fatal to the Scottish legal system and to the law of Scotland-the provisions which will alter the structure of the legal profession," Up to that time, Bill Wilson had not generally been seen as the doughtiest champion of the Scottish profession nor, in particular, of the Faculty of Advocates which, after completing his period of devil• ling, he decided at the last moment not to join. But there could be no doubt as to the authorship of this scathing philippic. No-one else could have written: "It seems surprising that we give an expensive education lasting several years to intending solicitors and advocates to equip them to appear in court, but, apparently, any Tom, Dick or Harry is to be able to come in off the street and give the judges the patter. It is a striking feature of the bill that it pays hardly -
The Origins of the Edinburgh Law School: the Union of 1707 and the Regius Chair', Edinburgh Law Review, Vol
Edinburgh Research Explorer The Origins of the Edinburgh Law School Citation for published version: Cairns, JW 2007, 'The Origins of the Edinburgh Law School: The Union of 1707 and the Regius Chair', Edinburgh Law Review, vol. 11, no. 3, pp. 300-48. https://doi.org/10.3366/elr.2007.11.3.300 Digital Object Identifier (DOI): 10.3366/elr.2007.11.3.300 Link: Link to publication record in Edinburgh Research Explorer Document Version: Publisher's PDF, also known as Version of record Published In: Edinburgh Law Review Publisher Rights Statement: ©Cairns, J. (2007). The Origins of the Edinburgh Law School: The Union of 1707 and the Regius Chair. Edinburgh Law Review, 11, 300-48doi: 10.3366/elr.2007.11.3.300 General rights Copyright for the publications made accessible via the Edinburgh Research Explorer is retained by the author(s) and / or other copyright owners and it is a condition of accessing these publications that users recognise and abide by the legal requirements associated with these rights. Take down policy The University of Edinburgh has made every reasonable effort to ensure that Edinburgh Research Explorer content complies with UK legislation. If you believe that the public display of this file breaches copyright please contact [email protected] providing details, and we will remove access to the work immediately and investigate your claim. Download date: 28. Sep. 2021 EdinLR Vol 11 pp 300-348 The Origins of the Edinburgh Law School: the Union of 1707 and the Regius Chair John W Cairns* A. INTRODUCTION B. EARLIER VIEWS ON THE FOUNDING OF THE CHAIR C. -
Spousal Maintenance in Scots Family Law
SPOUSAL MAINTENANCE IN SCOTS FAMILY LAW John M. Fotheringham* I.THE ROLE OF PERIODICAL ALLOWANCE ................................... 602 II.THE MODERN LAW OF FINANCIAL PROVISION IN SCOTLAND .604 A . Section 9(1) ................................................................. 606 B . The R elevant Date ...................................................... 607 C. Quantum ... s9(1)(a) ................................................. 608 D. Quantum ... s9(1)(b) .................................................. 611 E. Quantum ... s9(1)(c) .................................................. 613 F. Quantum ... s9(1)(d) & (e) ........................................ 614 III.CHANGE OF CIRCUMSTANCES - VARIATION ........................... 620 IV .PRIVATE ORDERING ................................................................ 620 V. CHALLENGES TO PRE- OR POST- MARITAL AGREEMENTS BETW EEN SPOUSES ............................................................ 623 VI.STATE FUNDING OF SEPARATED PARTIES ............................... 625 VII.C ON CLU SION ......................................................................... 627 Scots Law is proud of its system of financial provision on divorce. The system put in place by the Family Law (Scotland) Act 1985 has remained in place, minimally amended, since it came into force in September 1986. This has not been the result of Consultant at Flexiaw ltd, Edinburgh, United Kingdom. HOUSTON JOURNAL OF INTERNATIONAL LAW [Vol. 41:3 legislative inertia but rather the effect of the strength of the statute -
The Law Society of Scotland Examination Guidelines, Syllabus and Reading List
THE LAW SOCIETY OF SCOTLAND EXAMINATION GUIDELINES, SYLLABUS AND READING LIST CONTENTS Pages GUIDELI NES 3-5 PUBLI C LAW AND THE LEGAL SYSTEM 6-7 CONVEYANCING 8 SCOTS PRIVATE LAW 9-1 0 EVIDENCE 11 SCOTS CRIMINAL LAW 12-1 3 TAXATION 14-1 5 EUROPEAN UN ION LAW 16-17 SCOTS COMMERCIAL LAW 18-1 9 BUSINESS ORGANISATIONS 20-21 *ACCOUNTING 22 * PROCEDURE 23-24 * PROFESSIONAL RESPONSIBILITY 25 BOOKS PERMITTED IN EXAM INATI ON HALL 26-27 MARKING SCALE AND DESCRIPTORS 28-33 * These subjects are examined as part of PEAT 1 (the Diploma in Legal Practice course) For a general introduction to the study of law, students might find it helpful to read Learning the Law" by 1 Glanville W illiams (13 h ed. 2006 - Sweet and Maxwell) and "Studying Scots Law" by Hector MacQueen (3rd ed. 2004) (Tottel) While the text books cited on the reading lists are the latest editions there are often case or statutory developments subsequent to the publication of the text. Candidates will be expected to be aware of any such developments. 2 LAW SOCIETY OF SCOTLAND EXAMINATION GUIDELINES Candidates undertaking the Law Society of Scotland examinations as part of their pre-Diploma/pre PEAT training or requalifying procedure have four years from the date of the first exam on which to pass all the Law Society examinations. • References and Sources For general read ing, candidates may find it useful to have to hand a copy of Glanville Williams "Learning the Law" (13th ed, 2006 - Sweet and Maxwell) and Hector MacQueen's "Studying Scots Law" (3rd ed, 2004) published by Tottel.