(490)  KNOWING THE BOOKS

 

Kindly if belatedly brought to our attention, a dictum of Sheriff R A Davidson (Scots Law News sheriff of the year 2004) in Laudanska v University of Abertay, Dundee Sheriff Court, 4 November 2003 (on Scottish Courts website at http://www.scotcourts.gov.uk/opinions/a213.html): She [the party litigant] referred .. to something which she described as Johnston on Prescription and Limitation, with which I confess to being unfamiliar, though I now understand it to be an English textbook and I would have considerable hesitation before considering the law as stated in an English textbook on the Scots law on prescription and limitation. 

 

David Johnston is of course an advocate of the Scots bar, and his book about prescription is indeed one on Scots rather than English law, published in the Scottish Universities Law Institute’s well-known series.  We can only assume that the sheriff was misled by the fact that at the date of publication (1999) the learned author held the Chair of Civil Law at the University of Cambridge.

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