Archive for April, 2008

Apr 27 2008

Act of Sederunt Concerning the Poor: on this day 1535

Published by under Historical

Text of the Act of Sederunt, 27 April 1535 (three years after the establishment of the Court of Session), instituting access to justice on the basis of need:

The Lordis ordainis that forsemikle as our Soverane Lord has directe his writingis to thame, makand mentioune, that his mynde is, that pure miserable persounis sall have mair hasty expeditioune of justice nor utheris, because thai have na substance nor expenss to remane and wayte apoune the table: And to that effect hes constitute and ordanit ane man of law to procure for the pure, to be payit yerlie be the Thesaurare; desirand thairfore the Lordis to mak provisoune and ordinance, that the saidis pure folkis mycht have expeditioune of justice; thairefor the Lordis assigns Friday wolklie for calling of all summondis and actionis concerning the pure folkis, quhen oportunite may be had for the Kingis matteris; and als to be sene and confiderit be the Lordis quha are pure folkis be inspectioune, and be the aith of the Procurator, declarand that thai tak na profit for procuratioun for sic pure folkis.

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Apr 23 2008

Human Rights Conference, 19 May 2008

Published by under Events

Organised by Central Law Training and chaired by Scott Blair, Advocate, Murray Stable, the speakers at this all-day conference in Edinburgh are:

  • Professor Alan Miller, Chair of the Scottish Commission for Human Rights: The Scottish Commission for Human Rights
  • Ailsa Carmichael, Advocate, Murray Stable: Human Rights and Devolution Issues after Somerville
  • Rosalind McInnes, BBC: From Tobin to Tommy- Article 10 Today
  • Professor Jim Murdoch, University of Strathclyde: Strasbourg Update
  • Jonathan Mitchell QC, Murray Stable: The Right to Know: Freedom of Information
  • John Scott, Capital Defence Lawyers: The end of human rights in Scottish criminal courts?

Full details on this page.

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Apr 22 2008

Appeals against statutory tribunals: tribunals as respondents

Published by under Scots law

In the Court of Session, appeals against statutory tribunals are brought under Chapter 41 of the Rules of Court. Rules 41.3(1A) and 41.21(4) provide that the appeal should be intimated to the tribunal as well as any party to the case. What happens if the appeal attacks the manner in which the tribunal acted, for example alleging a breach of natural justice? This happened recently in S.C. v City of Edinburgh Council, 2008 CSOH 60, in which I appeared for the respondent. In S.C., it was suggested that the Additional Support Needs Tribunal had no right to appear in the appeal. Continue Reading »

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Apr 20 2008

Leave to appeal to the House of Lords

Published by under Scots law

Simmers v Innes, 2008 UKHL 24, in which I must declare an interest as I acted for the respondent, is the third Scottish appeal to the House of Lords in a year in which the appeal was refused without the respondent being called on to reply (the others were Wilson v Jaymarke 2007 UKHL 29 and Clarke v Fennoscandia 2007 UKHL 56, in which I acted for the appellant in the Court of Session but not the House of Lords).

In Jaymarke, Lord Hope said: Continue Reading »

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Apr 16 2008

Direct Access to advocates in Scotland

Published by under Scots law

In October 2006, the Faculty of Advocates adopted new rules as to who, other than Scottish solicitors, could instruct counsel. Since then, several bodies have been added to the list (there is an up-to-date list here). Standard terms of instruction were published in early 2007. There is a Direct Access Guidance Committee which keeps direct access under review. I am its convener; the other members are Alan Dewar QC, Nick Ellis QC, Steve Laing, Shahid Latif, Jan McCall, Frances McMenamin QC, Robert Milligan, Philip Simpson, Andrew Smith QC and Ailsa Wilson QC.

Anyone who doesn’t already have direct access rights as being a member of one of the classes in that list is very welcome to apply to be added. This is done by writing to me as Committee convener, in the first place. The Committee adds bodies, or individuals, on an ad hoc basis, subject to ratification by either the Dean or Faculty Council.

Direct Access does not, with some very minor exceptions, entitle anyone other than a Scottish solicitor to instruct counsel in a litigation in a Scottish court (as opposed to tribunal). This is not a Faculty rule; it is because there are statutory restrictions on anyone other than a Scottish solicitor acting as agent for a litigant in a Scottish court.

The Committee is keen to hear from anyone with an interest in how the scheme could or should be altered or expanded. For example, should members of the public generally have direct access rights, as the Scottish Consumer Council has suggested? Are there any difficulties with the standard terms?

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Apr 16 2008

Scottish Public Law Group: ‘Remedies in Public Law’

Published by under Events,Scots law

This seminar, at Glasgow University at 5.30pm on Wednesday 23 April, is the first to be held by the newly-formed Scottish Public Law Group. Full details are at Murray Stable calendar.

The Scottish Public Law Group was launched in February 2008 as a forum in which academics, advocates, solicitors and government lawyers can meet and discuss matters of topical interest in public law in Scotland. In its first year, it is intended to hold a series of quarterly seminars. The Summer Seminar, on “Re-thinking the devolution settlement and the ‘national conversation’”, will be hosted by the Faculty of Advocates on 26 June 2008. Further details will be posted here in due course.

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Apr 16 2008

Employment Law Seminar, 21 April

Published by under Events,Scots law

Murray and Hastie Stables have organised an Employment Law Seminar which will be held on Monday 21st April 2008 from 9.15am to 3.30pm in Edinburgh. Speakers include The Honourable Lady Smith, Ian Truscott QC, Brian Napier QC, Donald Cameron, Advocate and Alice Stobart, Advocate, who will discuss a wide range of current employment law issues. The talks will be followed by a tribunal advocacy workshop in the afternoon. CPD 4.5 hours; fee (including lunch) of £45.

Full details on the Murray Stable calendar.

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