21 FEBRUARY 1964, Page 22


SIR,—In fairness to the system of .law that operates north of the border I think it should be made clear that at least two of the articles by R. A. Cline under the above heading in your issue of February 7 are not applicable in Scotland.

According to the law of Scotland collusion, if proved, is a bar to divorce and there is no question of the exercise of discretion by the judge; but the alleged collusion must be found as relative to the merits of the action and not as a consequence of the manner in which the facts are being presented to the court. Thus in Scotland it is not collusion for

a pursuer to arrange that a case shall be undefended where there is no question as to the fact of adultery having been committed.

The 'thoroughly bad rule' relating to Crown privilege to refuse in the public interest to disclose the contents of departmental documents forms no part of the law of Scotland. According to that law there always has been and is now an inherent power in the court to override the Crown's objection to produce documents.

JOSEPH A. MURRAY 15 Staflard Street. Edinburgh 3