Is Scots law a qualifying law degree?

Jan 28, 2023

Written By Yi Kang Choo

Whether a Scots law degree is a qualifying law degree or not depends on the jurisdiction you wish to practise in. Read on to learn more about what Scots law involves and the qualification process if you have a Scots law degree.

What is a qualifying law degree?

Firstly, the key question to think about is where an individual would like to qualify – as a Scots Law Degree could be a qualifying degree in certain jurisdictions, but not all, especially if one intends to qualify outside of Scotland (i.e. in England & Wales).

It is also interesting to note that for an education provider and law course to be a qualifying law degree, it must fulfil the official requirements stipulated by the jurisdiction, and commonly in England and Wales that will be the Solicitors Regulation Authority (SRA) and the Bar standards Board (BSB). They are being considered as the ‘academic’ stage of an aspiring lawyer’s legal education before proceeding to their relevant qualifying exams or training.

What is Scots Law?

As a devolved jurisdiction in the United Kingdom, Scots law specifically represents the distinct legal system in Scotland, where a hybrid legal system with elements of civil law and common law are being implemented. It is also one of the three distinct legal systems in the United Kingdom, alongside Northern Ireland, and England & Wales.

As a student who is enrolled in a Scots Law degree in Scotland, you will mainly be enrolled in a four years (Ordinary and Honours) programme, with mandatory courses required by the Law Society of Scotland and the Faculty of Advocates. For those who are enrolled in an Honours programme, they will also have two years of Honours-level studies and the option to specialise/choose subjects they are interested in, as opposed to English students who only have one year of optional modules instead.

Practising Law in Scotland

Naturally, for someone who intends to qualify and practise law in Scotland, studying Scots Law at one of the 10 accredited providers in Scotland would be considered as a qualifying degree for professional practice. Students with a Scots law degree can proceed with the Diploma in Professional Legal Practice (a mandatory 1 year course) before completing their training to either qualifying as a solicitor or advocate.

Practising Law in England and Wales

However, things would not be that straightforward if one intends to qualify as a lawyer in England and Wales with a Scots Law degree, as it is not considered as a Qualifying Law Degree by both the SRA and the BSB.

This might get a little bit more confusing since the qualification pathways now differ quite drastically between qualifying as a solicitor or barrister in England and Wales. With a Scot law degree, if it’s awarded by a Scottish degree awarding body or accredited by the Scottish Qualifications Authority (SQA), then one can directly proceed in undertaking the Solicitors Qualifying Exam (SQE) before undertaking qualifying work experience recognised by the SRA.

Aspiring barristers are required to undertake a one-year law conversion course before proceeding with vocational study and pupillage. This is where students will learn the foundations of English law through eight core subjects and understand the unique differences between English and Scots law.

Lastly, there is also an option to skip the conversion course by enrolling in a Scots and English Dual Qualifying LLB course in Scotland. With its popularity increasing amongst students who intend to practise in both jurisdictions over the last few decades, various universities (i.e University of Dundee) allow students to study both Scots and English Law as part of their degree. There’s also the option to change between the two as well until the end of second year.

This option gives students the flexibility to decide where to complete their legal training and qualifications in the future. Students will also be equipped with an extraordinary amount of legal knowledge and critical analytical skills by comparing and contrasting the similarities/differences between both legal systems.

Becoming a Lawyer in Scotland