Scots Law News
| DOI | 10.3366/E1364980909000559 |
| Author | Scott Wortley,Hector L MacQueen |
| Published date | 01 September 2009 |
| Date | 01 September 2009 |
| Pages | 377-386 |
The late Professor W A Wilson was a collector of curiosities in the field of statutory interpretation. For example, he rejoiced in
If any person … keeps on a public road any mechanically propelled vehicle for which a licence is not in force … he shall be liable to … [penalty]
The question before the court, as Professor Wilson gleefully noted, was whether an unlicensed car, without a gearbox, balanced on four roller skates is “on” a public roadIt can be assumed that Professor Wilson would have derived considerable pleasure from rule 3 of the Bank Insolvency (Scotland) Rules 2009, SI 2009/351, in force from 25 February 2009:
(7) Where a rule in the 1986 Rules (Rule A) contains a reference to another such rule (Rule B) and –
both Rule A and Rule B are applied by these Rules; or
Rule A is applied by and the provision in Rule B to which Rule A refers is substantially repeated in these Rules;
(8) Where a rule (Rule A) refers to another rule (Rule B) and Rule B applies a rule of the 1986 Rules (Rule C) with or without modifications, the reference in Rule A includes a reference to Rule C as applied to Rule B.
2 April 2009 was the 100th anniversary of the graduation of the first women in Scotland to take the degree of LLB. Eveline MacLaren and Josephine Gordon Stuart entered the Faculty of Law at Edinburgh University in October 1906 and emerged with degrees after stellar performances throughout their three years in Old College. But they could not enter the legal profession at the time; it took a world war to knock down the barriers that the law had erected to ensure that the profession remained a male preserve. Even then, neither woman ever became a fully fledged lawyer; but throughout their lives they had close links to and indeed involvement with the legal profession. They both died in 1955, having also been born within a few days of each other in November 1883. Edinburgh Law School is marking this centenary with a number of events, while a paper describing and assessing the lives of Eveline and Josephine will be published in the forthcoming
The first female LLB graduate of Glasgow University was Madge Easton Anderson in 1919 (who in 1920 became the first woman to be admitted as a law agent in Scotland), while Aberdeen's first woman LLB was Elizabeth Barnett, who graduated in 1921. She later became first (in 1947) a partner in A C Morrison & Richards, then senior partner of the firm before retiring at the end of 1966.
On 18 June 2009 the Convention Rights Proceedings (Amendment) (Scotland) Bill was passed
The purpose of the Bill is to reverse the decision in
The Damages (Asbestos-related Conditions) (Scotland) Act 2009 (for which see (2009) 13 EdinLR 186) was brought into force on 17 June 2009 by SSI 2009/172. This followed the failure, on 27 April, of the first stage of the insurers' attempt to strike the legislation down by way of judicial review. In
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