“For the avoidance of doubt, the Court of Session requires that where a case has been reported in Session Cases it must be cited from that source. Other series of reports may only be used when a case is not reported in Session Cases.”
High Court of Justiciary Practice Note No. 2 of 2004 gives a similar direction in respect of cases cited before the High Court of Justiciary and Court of Criminal Appeal.
More about Session Cases in hard copy and online, including open access scottish law reports.
The SCLR sponsors a series of lectures by senior judges and lawyers on topics relating to the broad themes of advocacy, the role of the judiciary, and the development of law and legal techniques.
The 2016 lecture will be delivered on 10 March 2016 by the Hon. Lowell Goddard, Chair of the Independent Inquiry into Child Sexual Abuse. Her subject will be
Making Rights Real: the developing role of human rights in the exercise of public law discretion
The law is replete with discretion. A great many statutes, regulations and policies confer on public bodies decisions which impact guaranteed human rights. The number grows each year.
How are the powers so conferred to be exercised consistently with the human rights that are guaranteed in the ECHR and equivalent constitutional documents in comparative jurisdictions? Case law identifies a range of answers.
The Hon. Lowell Goddard will explore the responses of the Courts to the important question of how human rights are to be applied in practice, and the implications of different approaches for frontline decision-makers, for judicial review and for related mechanisms that exist to supervise compliance with human rights in the modern administrative state.
The Role of Law Reports
The SCLR offers a series of five linked short films about law reporting in Scotland and the place of law reports in legal practice. The celebrated ‘snail in the ginger beer bottle’ case of Donoghue v. Stevenson, which originated in Scotland, provides a useful theme as the role of precedent in the work of lawyers and the courts is explained. The films are presented as a free educational resource, especially useful for those seeking to understand the role of law reports as a primary source of law.
The five films are:
The SCLR has published supplementary teaching materials in the form of three Working with Cases tutorials
, to be used in conjunction with the films. These are in PDF and are free to download for printing and or adaptation and distribution to students. The SCLR has also produced Working with Cases: Comments and Solutions. These resources are available free of charge and any law teacher requiring a copy should request them, giving some details as to their role and institution and how the films are being used in their teaching. To do so, please use the contact form
Session Cases is a registered Trade Mark of The Scottish Council of Law Reporting.