Skip to main content Accessibility help
×
Hostname: page-component-78c5997874-94fs2 Total loading time: 0 Render date: 2024-11-19T21:54:04.041Z Has data issue: false hasContentIssue false

9 - Lord Atkin, Donoghue v Stevenson and the Lex Aquilia: Civilian Roots of the ‘Neighbour’ Principle

Published online by Cambridge University Press:  28 April 2021

Paul J. du Plessis
Affiliation:
University of Edinburgh
Get access

Summary

INTRODUCTION

Scotland was an independent kingdom until the union of the crowns of Scotland and England in 1603 with the accession of James VI of Scotland to the English crown. Scotland ceased to be a separate state only in 1707 when, by the Acts of Union, it combined with England (and Wales) as constituents of the single state of Great Britain. This union later came to include Ireland; hence Scotland is now part of the union state of the United Kingdom of Great Britain and Northern Ireland (UK). Under the terms of the union the Scottish Parliament in Edinburgh was dissolved and in its place a single parliament was based at the Palace of Westminster in London which hitherto had been the seat of the English Parliament. The Parliament of the UK comprises two chambers, the House of Commons and the House of Lords. In a referendum in 1997 the Scots voted in favour of devolution from Westminster and in 1999 a new devolved Scottish Parliament met for the first time in Edinburgh (Holyrood). Private law matters fall within the competence of the Scottish Parliament. In 2014 a referendum was held on whether Scotland should become an independent state once more (Indyref1). By a margin of 55 per cent to 45 per cent the Scots voted to maintain the union. One issue of some influence on the result was the doubt, strongly encouraged by the European Union (EU) itself, that Scotland could remain within the EU if it became independent from the UK. In June 2016 a referendum on whether the UK should leave the EU was held (Brexit). By a margin of 51.9 per cent to 48.1 per cent the UK voted to leave. In Scotland 62 per cent of the electorate voted to remain. The Scottish First Minister has now announced (March 2017) that she will ask the Scottish Parliament to support an application to Westminster to give the Scottish Government the power to hold a second referendum on independence (Indyref2). If the Scottish people were to vote for independence it is hoped by the present Scottish Government that this would enable Scotland to remain within the European Union. As things stand (September 2017) there may be a second referendum, but only once the details of Brexit are known.

Type
Chapter
Information
Wrongful Damage to Property in Roman Law
British perspectives
, pp. 255 - 274
Publisher: Edinburgh University Press
Print publication year: 2018

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×