Scottish Law

No requirement of consideration in contract: Scots contract law does not require consideration for a binding contract — a gratuitous promise (known as a 'unilateral obligation') can be enforceable if made in writing under the Requirements of Writing (Scotland) Act 1995.

Three verdicts in criminal law: Scottish criminal courts can return three verdicts — guilty, not guilty, and 'not proven'. The not proven verdict results in acquittal but carries social stigma. (Note: the Not Proven (Abolition) (Scotland) Bill is progressing through Parliament.)

Heritable and moveable property: Scots property law distinguishes between heritable property (land and buildings) and moveable property (everything else), rather than the English real/personal property distinction. Land registration is governed by the Land Registration etc. (Scotland) Act 2012.

Separate court system: Scotland has the Court of Session (civil supreme court, Outer and Inner Houses), High Court of Justiciary (criminal supreme court — no appeal to UK Supreme Court in criminal matters), and Sheriff Courts for most first-instance cases.

Corroboration requirement: Scots criminal law generally requires corroboration — evidence from two independent sources to prove essential facts. This has no equivalent in English criminal law.

Children's hearings system: Scotland uses a unique Children's Hearings system for dealing with children in need of care and protection or who have committed offences, distinct from the English youth court system.

Legal profession: Scotland has solicitors and advocates (equivalent to barristers). The Faculty of Advocates is the Scottish equivalent of the Bar. Solicitor-advocates can also appear in the higher courts.

Prescription and limitation: Scots law has its own limitation regime under the Prescription and Limitation (Scotland) Act 1973, with different time limits from England. The long negative prescription period is 20 years.