Legal Definitions - series rerum judicatarum

The term series rerum judicatarum is a concept from Scots law. It refers to a succession of court decisions that consistently rule on a particular legal principle in the same way. When a sufficient number of similar cases have been decided with the same outcome, it establishes a binding legal precedent. This means that future courts are expected to follow that established principle when faced with similar facts or legal questions.

Here are some examples to illustrate this concept:

• Imagine a scenario in Scotland where several different property owners have disputes over the exact boundary lines between their properties, especially concerning old stone walls or hedges. Initially, different judges might interpret historical deeds or local customs in slightly varied ways. However, if over time, a number of Scottish courts consistently rule that, in the absence of clear documentary evidence, the center line of a long-standing physical boundary feature (like a wall or hedge) should be presumed to be the legal boundary, this succession of consistent judgments would form a series rerum judicatarum. This establishes a clear precedent for how future boundary disputes in similar circumstances should be resolved.

• Consider the legal interpretation of "fair wear and tear" in residential tenancy agreements in Scotland. Landlords and tenants often disagree on what constitutes damage beyond normal use. If a series of cases brought before Scottish housing tribunals or sheriff courts consistently rules that minor scuffs on walls or worn carpet in high-traffic areas are indeed "fair wear and tear" and not chargeable to the tenant, while large holes or significant stains are not, this pattern of consistent decisions would create a series rerum judicatarum. This precedent would then guide future tribunals and courts in assessing similar disputes, providing clarity for both landlords and tenants.

• In the context of Scottish employment law, there might be questions about what constitutes "reasonable notice" for an employee's resignation when their contract doesn't specify a period. If multiple cases come before employment tribunals or courts where employees resign with, for example, two weeks' notice, and a succession of judgments consistently finds this to be reasonable given the employee's role and the industry standard, this would establish a series rerum judicatarum. This precedent would then inform employers and employees about the expected notice periods in similar situations where no contractual term exists, helping to prevent future disputes.