School of Law School of Law
Academic Staff    
Mr Scott Wortley
Lecturer
LLB (Hons), Dip LP, Solicitor


Tel: 0131 651 4307
Fax: 0131 662 0724
Email: scott.wortley@ed.ac.uk


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.

From 2000 - 2005 he was a lecturer at the University of Strathclyde.

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.

He researches in other areas of property law and conveyancing and has a particular interest in comparative aspects of property law especially relating to other mixed legal systems, having published: on co-ownership with Professor Duard Kleyn from the University of Pretoria in R Zimmermann, D Visser and K Reid (eds), Mixed Legal Systems in Comparative Perspective: Property and Obligations in Scotland and South Africa (2004); and on rules regulating double transfers.  With Professor David Carey Miller of the University of Aberdeen, Malcolm Combe of Tods Murray LLP and Dr Andrew Steven, he has recently submitted the Scottish Report on 'Transfer of Moveables" for the Study Group on a European Civil Code, having responsibility for, among other elements, work on the commercial aspects of the topic including retention of title and the treatment of property in insolvency processes.

He contributes to the Scots Law News blog, edited by Professor Hector MacQueen.

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.

Scott is a member of the Law Society of Scotland Conveyancing Committee and the Joint Consultative Committee between the Registers of Scotland and Law Society of Scotland.  He is currently an external examiner in the law school at Glasgow Caledonian University and has previously been an external examiner at the Universities of Aberdeen and Edinburgh.

Courses Taught
Commercial Law (Honours)
PhD Supervisees
Colin Campbell  'The Law of Positive Prescription in Scotland'
Chathuni Jayatilake  'Did the Common Law Underpinning Scots Contracts of Sale Develop As a Unified Entity?'
Xiaoqiong Peng  'The Subprime Loan Crisis and Securitization Regulation Reforms:China's Securitization Law Construction'
Jill Robbie  'Water Rights in Scotland'
Selected Publications
Books
Scott Wortley, William M Gordon Scottish Land Law (3rd edition) Volume 1 (W Green, 2009)
Synopsis
Scottish Universities Law Institute text on Scottish land law
Andrew J. M. StevenScott Wortley, David A Brand Professor McDonald's Conveyancing Manual 7th edn (LexisNexis Butterworths, 2004)
Synopsis
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.
Edited Books
Andrew J. M. StevenScott Wortley Avizandum Statutes on Scots Property, Trusts and Succession Law, 8th edn (Avizandum, 2011)
Synopsis
A collection of statutory material on Scottish property, trusts and succession law.
Andrew J. M. StevenScott Wortley Avizandum Statutes on Scots Property, Trusts and Succession Law, 7th edn (Avizandum, 2010)
Synopsis
A collection of statutory material on Scottish property, trusts and succession law.
Andrew J. M. StevenScott Wortley Avizandum Statutes on Scots Property, Trusts and Succession Law, 6th edn (Avizandum, 2009)
Synopsis
A collection of statutory material on Scottish property, trusts and succession law.
Andrew J. M. StevenScott Wortley Avizandum Statutes on Scots Property, Trusts and Succession Law, 5th edn (Avizandum, 2008)
Synopsis
A collection of statutory material on Scottish property, trusts and succession law.
Andrew J. M. StevenScott Wortley Avizandum Statutes on Scots Property, Trusts and Succession Law, 4th edn (Avizandum, 2007)
Synopsis
A collection of statutory material on Scottish property, trusts and succession law.
Andrew J. M. StevenScott Wortley Avizandum Statutes on Scots Property, Trusts and Succession Law, 3rd edn (Avizandum, 2006)
Synopsis
A collection of property, trusts and succession statutes.
Andrew J. M. StevenScott Wortley Avizandum Statutes on Scots Property, Trusts and Succession Law, 2nd edn (Avizandum, 2005)
Synopsis
A collection of Scottish statutes on property, trusts and succession.
Journal Articles
Andrew J. M. Steven, Scott Wortley 'Is that Burden Dead Yet (part 2)?' (2006) Journal of the Law Society of Scotland July 50-53
Abstract
A discussion of the ways in which real burdens can be extinguished under the new law.
Andrew J. M. Steven, Scott Wortley 'Is that Burden Dead Yet? (part 1)' (2006) Journal of the Law Society of Scotland June 46-49
Abstract
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
Abstract
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
Abstract
Examination of Part 4 of the Abolition of Feudal Tenure etc (Scotland) ACt 2000 and the rules for preservation of feudal real burdens
Scott Wortley, Dot Reid 'Mind the gap: problems in the transfer of ownership' (2002) Scottish Law & Practice Quarterly Vol 7 pp 211 - 231
Abstract
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
Abstract
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
Abstract
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
Abstract
An analysis of the Scottish Executive's Consultation Paper on the Scottish Law Commission's Report on Real Burdens.
Scott Wortley 'Squaring the circle: revisiting the receiver and "effectually executed diligence"' (2000) Juridical Review 325
Abstract
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.
Scott Wortley, Douglas W Vick , Andrew D Murray 'Regulating E-Commerce: Formal Transactions in the Digital Age' (1999) International Review of Law, Computers and Technology Vol 13 from p 127
Andrew J. M. Steven, Scott Wortley 'The Perils of a Trusting Disposition' (1996) Scots Law Times (News) 365-369
Abstract
A consideration of whether the use of trust clauses by conveyancers in dispositions is a good idea.
Chapters
Andrew J. M. Steven, Scott Wortley, David Carey Miller, Malcolm Combe 'National Report on the Transfer of Movables in Scotland' in Wolfgang Faber and Brigitta Lurger (eds) National Reports on the Transfer of Movables in Europe Volume 2: England and Wales, Ireland, Scotland, Cyprus (Sellier, 2009) 297-470
Abstract
Scottish report on transfer of moveables.
Scott Wortley 'Real burdens and personal bar' in (eds) The Promised Land: Property Law Reform (W Green & Son Ltd, 2008) pp 25 - 70
Abstract
An examination of the law of personal bar as it applies to real burdens at common law and under s 16 of the Title Conditions (Scotland) Act 2003
Scott Wortley, Duard Kleyn 'Co-ownership' in Kenneth Reid, Reinhard Zimmermann, Daniel Visser (eds) Mixed Legal Systems in Comparative Perspective: Property and Obligations in Scotland and South Africa (Oxford University Press, 2004) 703-734
Abstract
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)
View this ArticleView this Article
Abstract
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
Abstract
What should superiors do in the run up to feudal abolition?
Papers and Presentations
Scott Wortley 'Love thy neighbour: real burdens and neighbours' presented at University of Glasgow school of law seminar, Glasgow, 2005
Abstract
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
Abstract
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
Abstract
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
Abstract
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
Abstract
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
Abstract
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
Abstract
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
Abstract
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
Abstract
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
Abstract
Examination of the Scottish law Commission Discussion Paper on real burdens

Accessibility menu