Colin, not sure I´d enjoy a beer with him ;) best Mike SWS ________________________________
From: e-mail colin.jones5857 [mailto:[email protected]] Sent: Thu 26/07/2012 14:37 To: mogtalk2 Subject: Re: [mogtalk2] Fw: Three kick rule Almost before my keyboard had gone cold he replied...... Trespass It is a perpetual myth that there are no trespass laws in Scotland. Even before the recent Criminal Justice and Public Order Act 1994, trespass has long been a delict (civil wrong) which is remediable by the remedies of interdict and damages. However, The Land Reform (Scotland) Act 2003 amends the Trespass (Scotland) Act 1865 and establishes a statutory right of access. Certain types of trespass have been criminal since the Trespass (Scotland) Act 1865 was passed, an Act no-one has ever heard of. Section 3 makes it an offence for any person to lodge in any premises, or occupy or encamp on any land, being private property, without the consent of the owner or legal occupier. Admittedly this section envisages a degree of permanency which will not be present in every situation of trespass. On 26 July 2012 12:57, Martyn J Culling <[email protected]> wrote: Scuse me, the law in Scotland is quite different. Broadly if there is no damage to the property, there is no offence. So I'm quite sure the tale uses a Scottish lawyer, to imply the event took place in Scotland. Had it taken place in England or Wales, then the act of going on someone property uninvited is an offence. rgds Martyn On Jul 26 2012, e-mail colin.jones5857 wrote: And to prove the point of what my son considers my intelligence to be. Here is what my learned son replied just a few moments ago...... *If the lawyer had been "one of the best trial lawyers in Scotland" he would clearly have been aware of the law of trespass and chosen not to climb over the fence.* *Sounds to me like the tale has been fabricated to make a point. Unfortunately, by prefacing the point on a somewhat unlikely situation the story teller has undermined the intelligence which they are seeking to demonstrate.* *Quite self defeatist some might say.* ** I think he gets it from his mother who, I suspect, dropped him on his head, when a baby......... BR Colin (who actually paid for many years at University to get treated like this ;-)) On 26 July 2012 09:34, david taylor wrote: > Excellent! Thanks for sharing. > Cheers, > David > > > David, AA57MOG > > View posts on The Mail Archive > http://www.mail-archive.com/[email protected]/ > ModifyYour Subscription > > ------------------------------------------- View posts on The Mail Archive http://www.mail-archive.com/[email protected]/ [http://www.mail-archive.com/[email protected]/] Modify Your Subscription: https://www.listbox.com/member/?&; Powered by Listbox: http://www.listbox.com View posts on The Mail Archive http://www.mail-archive.com/[email protected]/ Modify <https://www.listbox.com/member/?&;> Your Subscription <http://www.listbox.com> View posts on The Mail Archive http://www.mail-archive.com/[email protected]/ Modify <https://www.listbox.com/member/?&;> Your Subscription <http://www.listbox.com> ------------------------------------------- View posts on The Mail Archive http://www.mail-archive.com/[email protected]/ [http://www.mail-archive.com/[email protected]/] Modify Your Subscription: https://www.listbox.com/member/?member_id=22459785&id_secret=22459785-4a39ddf8 Powered by Listbox: http://www.listbox.com
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