Allied Dunbar Assurance plc v Superglass Securities Ltd, OH 20 Aug 2004 per Lord Eassie:[27] Like Counsel, I appreciate that the debate, and hence my decision, proceed upon decisions of the courts in the nineteenth century. To some, it may appear odd that, after such passage of time, procedure in a commercial action at the beginning of the twenty-first century should be influenced or governed by such decisions. However, in many respects the essence of litigation remains constant. As is sometimes said, our forefathers were by no means daft.

Scots Law News is reminded of an aphorism uttered to its editor by the late Professor Jack Halliday: The judges are not daft