Back to top
JournalOnline General Forum

This is an open forum for your views on any legal topic. Use the box after a contribution to post a comment, or email a submission to peter@connectcommunications.co.uk

Letter: an annual plan for Scots law?

3 Dec 18

The Society's annual plan should include projects to enhance Scots law and its relevance to Scotland's people

Your readers may recall you kindly published my open letter to our President (Journal, September 2018, 6) anent the marginalisation of Scots law.

Alison Atack is a busy lady and hasn't managed to respond to me, but I note that the Law Society of Scotland has published 31 ambitious projects in its annual plan for 2018-19.

Apart from fleeting references to legal aid and access to international business, there is nothing about evangelising for Scots law and the right of Scots people to contract under Scots law in everyday consumer contracts, or even promote Scots law on the global scene in dispute resolution.

I do wonder if the Society ever thinks about how services provided by UK suppliers such as mortgage lenders impact on Scots folk. As an example, the major lenders gear their most attractive loans towards the established and major house builders and decline, or at best mitigate against, one-off house builds.

Proportionately more one-off builds are undertaken in Scotland than elsewhere in the UK, and although I have been unable to source a study of same, my experience indicates that folk who have their own home built are less likely to move house and as a consequence become a smaller risk to the lender.

This is just one example of how Scotland is different, and the Society should be out there being proactive, not just in commenting on proposed legislation but actively sourcing what makes our country what it is and challenging those who interact with it to respond positively to it, with or without the need for legislation.

While all the Society's projects have their merit, what good are they if they are not focused on the expansion of Scots law and its relevance to its people?

Graeme McCormick, Conveyancing Direct Solicitors, Glasgow
The Society intends to address the points in this letter in the January edition.

Have your say

Video exclusives

John Scott QC