Archive for June, 2010

Jun 13 2010

Standing in public law cases

Published by under Scots law

This is a written version of my talk to the Scottish Public Law Group annual conference on 7 June 20101. A note on vocabulary; I take the word ‘standing’ from English law to wrap up both title and interest to sue; and ‘locus standi’ is simply the Latin for standing.

Standing in Public Law Cases

It is a truth almost universally acknowledged that the Scottish law of title and interest to sue in public law matters is over-restrictive and in need of reform2. It seems to me, indeed, that this area of law is obsolete and unfit for purpose; that is simply a polite way of saying that it is in a mess. There is not universal agreement on this: the few who seem to think that our rules of standing are actually adequate seem for the most part to be members of the College of Justice. Yet it is that group who are responsible for the law being in the state it is in.

I wish to put, and answer, three questions as to this teenager’s-bedroom-like mess:

  • How did things get into this state?
  • What is hidden underneath the debris?
  • How can it get cleaned up?

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  1. As always, republication is permitted under the terms of the applicable Creative Commons licence, but the original version to which changes may be made is available only at my own site, where comments may also be made. [back]
  2. See, for some weighty examples of this view, the Dunpark Report in 1984; ‘Judicial Review in Scotland‘, Mullen and others, 1996, at page 52; ‘Mike Tyson Comes to Glasgow: a Question of Standing’, Lord Hope, 2001 Public Law 294; ‘Towards Good Administration: The Reform of Standing in Scots Public Law‘, Cram, 1995 Public Law 332; ‘Public Law in Scotland‘, Lord Clyde, 2008; ‘Civil justice: where next?‘, Lord Rodger, 2008. [back]

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Jun 01 2010

Legal aid in the Upper Tribunal: update on what’s happening

Published by under Events,Scots law

At long last, the Scottish Legal Aid Board and the Scottish Government have promulgated regulations for legal aid in the unified tribunal system. There’s plenty of evidence that legal representation makes a substantial difference to success rates in the tribunals, so this is welcome, although the effect of the regulations is patchy. This post gives a brief description of the proposed scheme and its background. There will be fuller discussion at this conference on 14 June.
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