I think the original is one of those 90%-translated American stories.    
"Duck-hunting" doesn't sound like a rural Aberdeenshire phrase, even in the 
Doric.

So which state ?   before considering the trespass law.

Tim


________________________________
From: e-mail colin.jones5857 [mailto:[email protected]]
Sent: 26 July 2012 13:38
To: mogtalk2
Subject: [EXTERNAL]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]<mailto:[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 ;-))




















































































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