PE01724: Equal rights for Commercial Attorneys and Party Litigants in the legal system

Justice

Petitioner: Bill Alexander

Status:
Closed

Date Lodged: 25 July 2019

Calling on the Scottish Parliament to urge the Scottish Government to carry out a review to ensure there are equal rights for all legal professionals, including Commercial Attorneys and Party Litigants in the legal system. 

Petition History:

Summary

5 September 2019: The Committee agreed to write to the Scottish Government and delegate authority to the clerks to write to other relevant stakeholders. Official Report of Meeting 5 September 2019

16 January 2020: The Committee agreed to close the petition under Rule 15.7 of Standing Orders on the basis that the Scottish Government has confirmed that it does not support the action called for in the petition and there will be an opportunity for the petitioner to engage in a forthcoming Scottish Government consultation. Link to Official Report of Meeting 16 January 2020

Written submissions

Have you experienced prejudice and bias in the Scottish legal system particularly in relation to access to justice and/or competition restrictions in the provision of court legal services.

The self-right to litigate and defend disputes is a fundamental right and should exist for all without the inherent bias, prejudice and exclusion that exists to date. There is a misconception that solicitors & advocates know what they are talking about and this is more pertinent and observant when matters are technical and outside the knowledge of the legal profession. Solicitor & advocate fees are an extortion and thus prohibit access to justice substantively. The legal monopoly by the few against the many must be overthrown, over-ruled and abolished as the legal profession are subsidised by an annual SLAB amount of circa £150 million. Which other industry gets such a charitable hand out?

Kevin Rushford

22:37 on 09 Jul 2019

I have experience as a Party Litigant in Mental Health Tribunals, the Sheriff Court and Court of Session. I felt that my evidence, arguments and research were not taken seriously because I did not have professional status. For example, I cited case law regarding the treatment of opinion evidence from expert witnesses ('The Ikaria Reefer'). The court said that I had misunderstood the case law, but did not explain what the error was and what the correct interpretation is. It stated that there was no merit at all in my case. Only one of the 3 judges on the bench wrote the decision, although I had paid for the time of all three. In another hearing the Sheriff Principal asked my opponent, the solicitor for the Mental Health Tribunals, what was the correct interpretation of the law which I was citing, rather than consult the legal handbook for the Tribunals.

Barry Gale

0:58 on 06 Jul 2019

Without legal knowledge the fine details of background are beyond my full understanding. However, what petitioner asks for seems very reasonable to myself and is summarised well in the last paragraph of the petition which I support.

Frances Anne Nixon

10:42 on 21 Jun 2019

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