Annual Four Jurisdictions Conference explores challenges facing modern legal systems

The Lord President, Lord Pentland, together with Lady Pentland, the Right Hon Lady Justice Thirlwall DBE and her husband Prof Charles Kelly, at the Four Jurisdictions Conference dinner.

 

AN independent legal profession and an independent judiciary are central to the rule of law.

So said the Right Hon Lord Pentland, Lord President and Lord Justice General, during the opening address at the annual Four Jurisdictions Conference, hosted this year in Edinburgh by the Faculty of Advocates. The event brought together members of the judiciary and the independent referral bars in Scotland, England and Wales, Northern Ireland and the Republic of Ireland.

“The central purpose of this conference is to encourage dialogue on issues of importance which are common to all of our jurisdictions,” said his Lordship. “One of the most important of those is preserving the independence of the bar and the wider legal profession.

“The protection of the public from the arbitrary abuse of power by the state depends upon it. It is crucial to the rule of law, and therefore in the public interest, that there always be access to independent, objective, legal advice. Only by retaining that independence can we ensure that the public have confidence that their cases are handled objectively and fearlessly,” he added.

Discussing recent legislative developments in Scotland, specifically the Regulation of Legal Services (Scotland) Act 2025, he said earlier proposals within the Bill would have allowed Scottish Ministers to take on a direct regulatory role over lawyers, raising serious concerns within the judiciary about political interference. Given the serious constitutional concerns the Bill posed to the rule of law, it was necessary for the judiciary to respond publicly to the Parliament’s call for views on the Bill, he said.

The legislation was subsequently amended, preserving the Court of Session’s role as the ultimate regulator of the profession. However, scrutiny of how the legal profession was regulated was intensifying and he emphasised the need for regulatory bodies to remain transparent, accountable and responsive, balancing the interests of legal professionals with those of the public.

Looking ahead, the Lord President highlighted the impact of technological change and the pressures of an increasingly interconnected world, saying it was vital that legal systems remained adaptable and flexible to meet the needs of modern-day society.

“Just as the wire works factory of the 19^th Century would be obsolete today, laws and practices that do not evolve to meet today’s challenges will be outpaced and left behind. Collaboration and sharing our experiences are imperative to tackling today’s fast-moving societal issues and protecting the rule of law,” he said.

Delegates at the conference were welcomed by the Dean of the Faculty of Advocates, Roddy Dunlop KC. Lord Pentland’s address was followed by panel discussions on juryless trials, Family Law cross-jurisdictional challenges, the regulation of social media, and perspectives from the Junior Bar.