Lord Advocate resigns

Of little interest furth of Scotland (and probably of little interest within Scotland too) but the Lord Advocate Colin Boyd has resigned.  Historically, and indeed the last time it happened when Lord Hardie resigned, this was usually an indication that a new judge was about to be appointed.  Apparently Lord Boyd is keen to play a full role in the House of Lords.

This resignation may lead to a couple of important steps for Scots law.  The current solicitor general is Elish Angiolini QC is a solicitor and was the first female to hold the post as solicitor general.  Scotland has never had a female Lord Advocate and never had a solicitor in the post.  Will Elish Angiolini fill the post.  Personally, I have doubts as she was brought in primarily to take control of the criminal side of the process given her background as a procurator fiscal.  The Lord Advocate and his office provide importat advice on civil law matters and devolution issues (whether acts of the Executive are legislatively competent – ie within the confines of the Scotland ACt 1998 and the European COnvention on Human RIghts).  Given the important civil role I suspect that a Labour supporting advocate (perhaps the former solicitor general Mr Davidson) will be appointed Lord Advocate.  However, for lawyers this is quite interesting.

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About loveandgarbage

I watch the telly and read when not doing law stuff and plugging my decade and a half old unwatched Edinburgh fringe show.
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