Scottish solicitors and legal writer Joshua Julien Brouard explore Scotland’s quirky laws, from Not Proven verdicts to freedom to roam.
From the courtroom to the countryside, Scottish law reveals just how closely rules can be tied to the way people actually live. Whether protecting open landscapes, shaping marriage ceremonies, or even governing farm work after a few too many drinks, these laws showcase a culture that prizes both practicality and freedom.
Curious? Read on as we explore five Scottish laws that will make you say, ‘Only in Scotland!’
- No Strings Attached: Contracts Without Consideration
“In Scotland, contracts don’t require consideration to be binding; a reflection of the practical, straightforward nature of Scots and the country’s civil law heritage. It’s a system that prioritizes intent and agreement over formalities.” – Phulah Pall, Head of Immigration at Jones Whyte Solicitors.
In English law, contracts typically require ‘consideration’ – a benefit or exchange between the parties involved. Scotland, however, takes a different approach: here, simply having the intention to form a contract is generally enough. So how did this distinction arise? The answer lies in Scotland’s civil law traditions, which were heavily influenced by Roman law. Roman law placed a strong emphasis on obligation and mutual intent, rather than strict formalities, and these principles carried over into Scots law. This means that Scottish contract law can feel more practical and flexible than its English counterpart. Rather than getting caught up in the technicalities of what counts as a benefit, the focus is on the genuine agreement between parties – a reflection, some might say, of the straightforward and pragmatic nature often associated with the Scottish people. It’s a subtle but significant difference that highlights how legal systems evolve in ways that mirror the societies they serve.
And if contracts show Scotland’s pragmatic side, criminal law reveals an equally fascinating quirk.
- Guilty, Not Guilty… and the Mystery Verdict
Did you know that in Scotland, criminal trials have historically included more than just ‘guilty’ or ‘not guilty’? There’s a third verdict: ‘Not Proven.’ While it functions much like a ‘Not Guilty’ verdict, it carries a slightly different meaning – it signals that there wasn’t enough evidence to fully exonerate the accused, leaving an air of ambiguity. The ‘Not Proven’ verdict has long been a subject of debate. Critics argue that it can be confusing for juries and the public alike, while others see it as a uniquely Scottish safeguard against wrongful convictions.
After years of discussion, the Scottish Parliament finally voted in September 2025 to abolish it. The aim is to simplify the system, remove uncertainty, and make criminal trials clearer and more straightforward for everyone involved. This change marks the end of a centuries-old legal quirk and reflects an ongoing effort to modernize Scottish law while balancing fairness, clarity, and justice. Yet not all of Scotland’s quirky laws are about the courtroom or contracts; some are about the great outdoors.
- How Scots Can Legally Wander Almost Anywhere
“The freedom to roam embodies Scotland’s respect for personal responsibility and connection to the land. It allows people to explore and enjoy nature while balancing freedom with respect for property and the environment.” – Charles Brown, Partner at Jones Whyte Solicitors.
Scotland is often hailed as one of the most progressive countries in the world when it comes to public access to land. Thanks to the Land Reform Act of 2003, the public has the right to access most land and inland water, and in certain circumstances, this can even include private estates. This approach not only benefits locals, allowing them to enjoy Scotland’s natural beauty, but also supports tourism by making the country more inviting for walkers, cyclists, and outdoor enthusiasts.
Of course, this freedom comes with responsibility. Whether you’re camping in the Highlands, cycling through a scenic trail, or simply taking a stroll, the principle of ‘Leave No Trace’ is key. Visitors are expected to respect the environment, wildlife, and the land itself, ensuring that Scotland’s landscapes remain beautiful and accessible for generations to come. And when it comes to freedom, there’s perhaps no moment more personal than marriage; which, in Scotland, comes with its own legal twist.
- Your Wedding, Your Way: The Scottish Legal Twist
Scotland has long been known for its people-first approach to the law, and few areas reflect this better than how it allows couples to marry. While England and Wales enforce strict formalities, including notice periods and requirements for licensed venues or registrars, Scotland takes a much more flexible approach. Couples can marry in a wider range of settings and be officiated by a broader variety of people. The focus is on genuine consent rather than rigid formalities, making Scottish law uniquely accommodating and practical for life’s big moments. And speaking of life’s practicalities, some laws are less romantic; but no less important.
- Tipsy and Tending Cows? Better Not Be in Scotland
“Quirky historical laws, like the prohibition on being drunk while tending livestock, showcase Scotland’s practical approach to everyday life and safety. They may seem amusing today, but they reflect a long tradition of balancing personal freedom with community responsibility.” – Ross Anderson, Partner at Jones Whyte Solicitors.
While potentially reflective of times past, Scottish law prohibits getting drunk while handling livestock. Peculiar? Perhaps. Practical? Most definitely. Livestock can be unpredictable, and even the most experienced handler can be put at risk if impaired. This law isn’t just about enforcement; it’s about protecting both people and animals alike.
In Scotland, a tipsy farmer is no laughing matter. Being under the influence while tending to cows, sheep, or other livestock is not only dangerous but also against the law. It’s a reminder that, in rural Scotland, responsibility and care are taken as seriously as tradition and hard work.
Celebrating Scotland’s legal quirks and wisdom
Scotland’s laws, quirky, practical, and often steeped in tradition, from progressive freedoms like the right to roam to the now-abolished ‘Not Proven’ verdict, reveal how a nation’s character and values are woven into its legal system. Ultimately, these legal quirks tell the story of a country where law, life, and tradition are inseparably intertwined.
Main photo: Picture sourced from Pexels. Photo: Katrin Bolvtsova.
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