School of Law University of Edinburgh Old College South Bridge Edinburgh EH8 9YL UK
Biographical Details
Scott Wortley was educated at Annan Academy and the University of Edinburgh graduating LLB (Honours) in 1994. He qualified as a solicitor in 1997 completing a traineeship at Messrs Ketchen and Stevens, WS. Thereafter he was employed at the Scottish Law Commission and worked as senior legal assistant on the Scottish Law Commission projects on feudal abolition (culminating in the Report on Abolition of the Feudal System which was implemented by the Abolition of Feudal Tenure etc (Scotland) Act 2000) and Real Burdens. He was heavily involved in the research for the Discussion Paper on Real Burdens, and the subsequent Report on Real Burdens - having a consultancy role on the latter project following his departure from Scottish Law Commission staff.
In 2002 - 3 he was adviser to the Justice 1 committee of the Scottish parliament on the Title Conditions (Scotland) Bill assisting in the preparation of the Stage 1 report and amendments submitted by committee members during Stage 2 of the parliamentary process. The bill, based on the Scottish Law Commission work on real burdens, was enacted as the Title Conditions (Scotland) Act 2003.
During 2005 he was a consultant to the Scottish Executive in its work on the reform of diligence (enforcement of decrees) against land. This project culminated in the Bankruptcy and Diligence etc (Scotland) Act 2007.
He has a particular research interest in the law of real burdens and has published widely on the area - including substantial treatments in the seventh edition of Professor McDonald's Conveyancing Manual, and articles in a number of journals. He has also delivered numerous continuing professional development seminars on various aspects of the law of real burdens around Scotland. His collaborative work on the topic with Dr Andrew Steven has been relied on in the Lands Tribunal for Scotland (see, eg, At.home Nationwide Ltd v Morris). An article which contains the first substantial examination of the law of personal bar and real burdens since the implementation of the Title Conditions (Scotland) Act 2003 will be published in 2008 in a collection edited by Professor Robert Rennie of the University of Glasgow to be published by W Green.
Scott's substantial research project at the moment is collaborating with Professor William M Gordon, Douglas Professor of Civil Law Emeritus in the University of Glasgow, on the third edition of Professor Gordon's Scottish Land Law in the Scottish Universities Law Institute series.
Scott also has research interests in the law of debt and debt enforcement with particular interests in insolvency processes, rights in security and the enforcement of judgments. He has carried out consultancy work for the Scottish Executive on the topic, participated in research for the Scottish Executive Central Research Unit on business finance and security over moveable property (in a project led by Professor Jenny Hamilton from the University of Strathclyde), and teaches on these subjects at Masters and Honours level. A new Masters course on the law relating to these areas is being established in 2008-9.
Scott currently supervises one PhD student on the topic of possession. He welcomes expressions of interest in postgraduate research in the areas of property and commercial law, particularly on the topics of obligations encumbering land, and the law relating to insolvency processes, rights in security, debt and debt enforcement.
The seventh edition of a standard Scottish conveyancing text. It is extensively revised to take account of feudal abolition, the reform of title conditions and the law of the tenement and many other matters.
A practical account of the extent to which real burdens have survived feudal abolition and how to extinguish them if they have.
Scott Wortley 'Love thy neighbour: The development of the Scottish law of implied third party rights of enforcement of real burdens' (2005) Juridical Review
An examination of the development of the law of implied third party rights of enforcement of real burdens from the common law through to the statutory reform in the Title Conditions (Scotland) Act 2003. The paper argues that taking account of empirical data, and principles of property law the reform proposals are flawed.
Scott Wortley 'Preserving feudal burdens as praedial real burdens: reallotment under the Abolition of Feudal tenure etc (Scotland) Act 2000' (2003) Scottish Law Gazette Vol 71 from p 73
An examination of the Inner House decision in Burnett's Trustee v Grainger
Scott Wortley 'Double sales and the offside trap: some thoughts on the rule penalising private knowledge of a prior right' (2002) Juridical Review 291-316
A comparative study of the doctrine of notice (the "offside goals" rule) in Scotland and South Africa examining doctrinal justifications for the rules. This article analyses the unreported case of Alex Brewster & Sons v Caughey and considers when a party penalised by the doctrine requires to be in bad faith.
Scott Wortley 'Of inoperative deeds and operational areas : A transitional problem in land registration' (2001) Scots Law Times 79
Examination of transitional issue in land registration when a county becomes operational for the first time. Looks at ss 2 and 8 of Land registration (Scotland) Act 1979.
Andrew J. M. Steven, Scott Wortley 'The Modernisation of Real Burdens and Servitudes' (2001) Scottish Law & Practice Quarterly 261
A critical examination of the case of Lord Advocate v Royal Bank of Scotland and the rules on competition between diligence and floating charges. Attention is given to the circles of priority created by the decision and there is a critique of the approach of JG Birrell in SME vol 4 and the Scottish Law Commission, Report on diligence on the dependence.
A comparative analysis of Scots and South African law of co-ownership looking at: the binary system of co-ownership; the rights and duties of co-owners; treatment of juristic acts by co-owners as individuals or when dealing with co-owned property as an entity; and division and termination of the co-owners' relationship.
Reports
Scott Wortley, Jenny Hamilton, Andrea Coulson and Dave Ingram Business Finance and Security over Moveable Property (Scottish Executive Central Research Unit, 2002)
An empirical study of small and medium sized enterprises in raising finance. The paper contains details of interviews with lenders, business advisers (includnig accountants and solicitors), and small and medium sized enterprises themselves, and draws conclusions as to proposed reforms of Scots law of rights in security.
Notes and Reviews
Scott Wortley, Stewart Brymer 'Preparing superiors for feudal abolition' (2002) Green's Property Law Bulletin Issue 60 pp 6 - 7; Issue 61 pp 1 - 6
Critique of the legislative reform of third party enforcement rights of burdens in comparative context.
Scott Wortley 'Observations on implied third party rights of enforcement of real burdens' presented at Scots property law in the twenty first century, Aberdeen, 2004
Examination of the historical development of implied third party enforcement rights for real burdens and consideration of ss 52 and 53 of Title Conditions (Scotland) Act 2003
Scott Wortley 'Some thoughts on the treatment of implied rights of enforcement of real burdens in the Title Conditions (Scotland) Act 2003' presented at Central Law Training seventh annual conveyancing conference, Edinburgh, 2003
Examination of Hislop v Macritchie's Trustees, Mactaggart v Harrower and the reform of implied third party rights of enforcement under ss 52 and 53 of the Title Conditions (Scotland) Act 2003
Scott Wortley 'Good faith and property law' presented at University of Glasgow Faculty of Law seminar, Glasgow, 2002
Examination of issues where good faith (or bad faith) serves to create or extinguish property rights. Concentrating on theoretical and doctrinal justifications for the offside goals rule.
Scott Wortley 'Burnett’s Trustee v Grainger: reflections on the Inner House decision' presented at University of Aberdeen Centre for property law symposium on transfer of ownership, Aberdeen, 2002
Consideration of the Inner House decision in Burnett's Trustee and the implications for treatment of Sharp v Thomson
Scott Wortley 'Creation and variation and discharge of burdens' presented at Central Law Training Conference on reform of real burdens, Edinburgh, 2001
Consideration of Part 1 of the Title Conditions (Scotland) Bill produced by the Scottish law Commission
Scott Wortley 'Sharp v Thomson - proposals for reform: consideration of SLC DIscussion paper no 114' presented at Central Law Training 5th Annual Conveyancing Conference, 2001
Consideration of SLC Discussion Paper no 114, Burnett's Trustee v Grainger, and Sharp v Thomson
Scott Wortley 'The offside trap - the doctrine of notice in Scottish and South African law' presented at University of Aberdeen School of law seminar, Aberdeen, 2001
Examination of doctrine of notice in Scotland and South Africa considering impact in relation to competing rights in security or competitions involving diligence and execution of judgments
Scott Wortley 'Some difficulties with transfer of ownership in Scots law: observations on Sharp v Thomson' presented at Seminar in University of Pretoria, Pretoria, 2001
Discussion of law and practice regarding transfer of ownership of land in Scotland concentrating on the case of Sharp v Thomson and the impact of floating charges
Scott Wortley 'The future of real burdens' presented at Law Society of Scotland PQLE Conveyancing Conference, Dundee, 1999