Thursday, May 13, 2010

McKenzie Friend ‘success’ for Scotland as Court of Session Rules Council signals June 2010 implementation after 40 years of Law Society opposition

Lord Hamilton judicialScotland’s Lord President passes McKenzie Friends hurdle. Confirming my report earlier in February of this year on the Lord President, Lord Hamilton’s plans to formally introduce McKenzie Friends to Scotland’s courts, it has been announced the Court of Session Rules Council, the body which oversees rules regarding any matters which the Court could regulate by an ‘Act of Sederunt’, has discussed the issue of McKenzie Friends at its Monday meeting of earlier this week, and is now in the process of drawing up the rules which will allow & govern the use of McKenzie Friends in the Court of Session by the end of June 2010.

A spokeswoman for the Scottish Courts Service said yesterday : “I can confirm that the Rules Council met on Monday and agreed to draw up rules in relation to McKenzie Friends. I expect these to be drafted within a few days and I anticipate that they be be formally adopted by the end of June.”

While the Lord President's Office had no further comment to add to this statement, campaigners & consumer organisations expressed their hope the rules to be drawn up for Scots McKenzie Friends will mirror that of the guidance used in the English courts system, and not prove as restrictive as the Lord President’s initial proposals announced in February, which were criticised by consumer groups as being too strict.

An official with one of Scotland’s consumer organisations said : “I am delighted Scottish consumers will shortly have the invaluable assistance a McKenzie Friend can provide in court for those who cannot obtain or afford legal representation."

He continued : “I look forward to reading the details of the rules by which Scotland’s courts system will treat those acting as a McKenzie Friend and would hope there is a strong presumption in favour of a litigant having the right to a McKenzie Friend as is the case in England & Wales.”

Petitions Committee writes to Lord President  Lord Hamilton 6 May 2010Scottish Parliament asked Lord President ‘to keep them updated on McKenzie Friend law. Questions which were raised late last week over the Scottish Parliament’s Petitions Committee’s recent letter to the Lord President have now also been resolved with the release of documents from the Parliament, confirming the Committee had asked the Lord President for “an update once the Act of Sederunt has come into force”, rather than choosing to raise specific key points which came out of last Tuesday’s meeting of the Petitions Committee, namely those of remuneration of a McKenzie Friend, usage of the term “McKenzie Friend” and the involvement, or interest of a McKenzie Friend in the case in which they are assisting. The Petitions Committee indicated they would next consider the McKenzie Friend petition on 7 September 2010.

I reported on last week’s Petitions Committee discussion on Petition 1247 (McKenzie Friends for Scotland) along with video footage of the Committee’s deliberations, here : Questions over Holyrood's exchanges with Lord President as Scots McKenzie Friend law to be heard at Court of Session Rules Council meeting

The Court of Session Rules Council, who are now drafting the rules on McKenzie Friends, consists of the Lord President ex officio, two other judges of the Court of Session appointed by the Lord President, five members of the Faculty of Advocates appointed by the Faculty and five solicitors appointed by the Council of the Law Society of Scotland. Members hold office for three years and are eligible for reappointment provided that they retain the qualifications for membership.

Court of Session Rules Council Current Membership :

  • The Rt. Hon. Lord Hamilton, Lord President (Chair)
  • The Rt Hon Lord Reed
  • The Hon. Lady Dorrian
  • Mr. Ronnie Clancy, Q.C., Faculty of Advocates
  • Mr. Gerry J.B. Moynihan, Q.C., Faculty of Advocates
  • Ms. Lesley Shand, Q.C., Faculty of Advocates
  • Mr. Eugene P. Creally, Faculty of Advocates
  • Mr. Graeme Hawkes, Faculty of Advocates
  • Mr. Gordon Keyden, Law Society of Scotland
  • Mr. Robin Macpherson, Law Society of Scotland
  • Mr. Duncan Murray, Law Society of Scotland
  • Mr. Sydney Smith, Law Society of Scotland
  • Mr. Fred Tyler, Law Society of Scotland

It should be noted the Faculty of Advocates & the Law Society of Scotland in written submissions to the Scottish Parliament both opposed the introduction of McKenzie Friends to Scotland’s Civil courts. You can read my coverage of the Faculty of Advocate's objections HERE and the Law Society of Scotland’s objections HERE.

However, despite both the major power blocks of the Scottish legal profession obstructing & opposing the introduction of McKenzie Friends to Scottish Civil courts, the issue seems to have cleared the Court of Session’s Rules Council, and we now have an apparent success which should benefit all Scots who require access to justice and our courts.

The draft rules are expected to be available soon, and will be published as I receive them.

In the meanwhile you can read my earlier coverage of the campaign to bring McKenzie Friends to Scotland, here : McKenzie Friends for Scotland : The story so far and all written submissions for the McKenzie Friend petition at the Scottish Parliament can be read here : Written submissions for Petition 1247, McKenzie Friends for Scotland

45 comments:

Anonymous said...

I am delighted Peter that one newspaper has already published a letter about the McKenzie friend issue on March 25th 2010. The press must always be free, and I urge other newspapers to do the same.

The Law Society are an affront to justice, they are reaping what they have sown. Victory to all dissidents.

Anonymous said...

Is it just my imagination or is that court committee controlled by lawyers ?!

Anonymous said...

The devil will be in the detail, but after a McKenzie was allowed in the Court of Session last November in the case of Martin Wilson v North Lanarkshire Council and Motherwell College those objecting were always on a loser.

Makes a change........

Anonymous said...

I look forward to seeing the draft rules and to find out if the hawks or the consumer lobby have their way on this McKenzie Friend petition.

Good work as always Peter.

Anonymous said...

I'm surprised the SNP so bitterly resisted this instead of trying to play the political card saying it took them to finally do it.Just proves how much the party are now aligned with the Law Society and the Advocates who as you correctly point out have always been opposed to any idea of someone other than one of their own appearing in a court on the side of a litigant.

Anonymous said...

* The Rt. Hon. Lord Hamilton, Lord President (Chair)
* The Rt Hon Lord Reed
* The Hon. Lady Dorrian
* Mr. Ronnie Clancy, Q.C., Faculty of Advocates
* Mr. Gerry J.B. Moynihan, Q.C., Faculty of Advocates
* Ms. Lesley Shand, Q.C., Faculty of Advocates
* Mr. Eugene P. Creally, Faculty of Advocates
* Mr. Graeme Hawkes, Faculty of Advocates
* Mr. Gordon Keyden, Law Society of Scotland
* Mr. Robin Macpherson, Law Society of Scotland
* Mr. Duncan Murray, Law Society of Scotland
* Mr. Sydney Smith, Law Society of Scotland
* Mr. Fred Tyler, Law Society of Scotland

I think our courts could do with some of Mr Cameron's new politics !

Lawyers and judges controlling our courts isnt very good for justice as you've already pointed out many times !

Anonymous said...

These lawyers treating the public by interdicting the Scottish nation remind me of the history of the dissidents, against the state in Thomas Paine's "The Rights of Man" Paine had to flee to France. Other dissidents The London Revolution Society, The London Corresponding Society, The Society of Constitutional Information, the state tried to erradicate dissent by

Treason Trials,

Seditious Meetings Act,

The Treasonable Practices Act,


Dissent reinvents politics and it is reinventing the legal system.

Great work Peter. You are a brilliant dissident.

Anonymous said...

Good to see you got a result and very public spirited of you

Anonymous said...

How can anything get past that army of lawyers ?

Anonymous said...

40 years a bit late.These judges have some explaining to do.

Anonymous said...

Personally I would be even more delighted if everyone dropped their expensive useless lawyers in favour of McKenzie Friends.Now THAT would put an end to many crooked lawyers !!

Anonymous said...

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You can now do this right here. RIGHT NOW!

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99% BAD SOLICITORS GIVE THE REST A BAD NAME.
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DO NOT TRUST THE SELF REGULATORS. NO LAWYER WILL TAKE YOUR CROOKED LAWYER TO COURT. THE LAW SOCIETY AND THE SCOTTISH SOLICITOR DICIPLINE TRIBUNAL LET A SOLICITOR KEEP WORKING WHO HAD MORE THAN TEN NEGLIGENCE CLAIMS AGAINST HIM, HOW MANY MORE ROGUE SOLITITORS HAVE BEEN ALLOWED TO KEEP WORKING. TRUST NONE OF THEM. ALL LAWYERS ARE YOUR ENEMIES, BECAUSE OF SELF REGULATION, COMPLAIN ABOUT YOUR LAWYER AND LAWYERS INVESTIGATE THE COMPLAINT. THET IS WHY THEY ARE CRIMINALS, THEY KNOW NO MATTER HOW THEY TREAT CLIENTS, THE LAW SOCIETY, COMPLAINTS COMMISSION, DISCIPLINE TRIBUNAL WILL BE GENTLE WITH THEM. SELF REGULATION MEANS PROTECTION FOR LAWYERS, NOT PROTECTION FOR THE PUBLIC.

Anonymous said...

Solicitors from Hell.

Remember, now with thousands of visitors per month, this website is the first point of reference for your complaints. So warn others about your experience.

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Anonymous said...

I appreciate this is an important issue for you but the main story here might as well be the stage managing of our courts by the judges and lawyers!
You have already said its taken 40 years to bring McKenzie Friends to Scotland and from looking at that list of who sits on this rules council its easy to see why no one has been able to have a McKenzie Friend until now!

Anonymous said...

WARNING YOU CANNOT SUE YOUR EMPLOYER IF YOU NEED MEDICAL REPORTS TO STATE YOU HAVE BEEN INJURED AT WORK.

HERE IS THE LITIGATION SCAM.

IN THE UK ALL LAWYERS, DOCTORS, AND EMPLOYERS ARE INSURED BY MARSH UK ROYAL SUN ALLIANCE. IF YOU GO TO A LAWYER TO SUE YOUR EMPLOYER, YOU WILL GET LEGAL AID.

YOUR LAWYER WILL NOT BE WORKING FOR YOU, YOUR GP WILL COVER UP YOUR INJURIES, AND SO WILL ALL CONSULTANTS YOU SEE FOR MEDICAL REPORTS.

THIS IS BECAUSE IF THE DOCTORS AND LAWYERS SAID YOUR EMPLOYER INJURED YOU, YOU WOULD BE ENTITLED TO DAMAGES.

YOUR DOCTOR AND LAWYERS INSURERS WOULD BE PAYING YOUR DAMAGES, THAT IS WHY YOU WILL SUFFER A COVER UP.

THEY DO NOT TELL YOU THIS BECAUSE THEY ARE MAKING MONEY OUT OF YOUR MISERY.

ROSS HARPER SOLICITORS DID THIS TO ME.

Anonymous said...

I have an enquiry not related to this topic.

I have been trying to sell a property in Kelso with the solicitors Stormonth Darling who you obviously know very well.

Over a year has passed with no reported interest in the property yet I have been contacted personally by several people who claim to have enquired about the property yet were told by Stormonth Darling it was not for sale.

I have been sent several accounts for advertising and services and now beginning to feel there is something going on comparable to what happened to your late father's will.Did you go through any similar experience with this firm and if so please reply to this comment.

Thank you in advance.

Anonymous said...

Another one who might be stopped if people stay away from crooked lawyers :
http://business.timesonline.co.uk/tol/business/industry_sectors/banking_and_finance/article7125804.ece

Ban on lawyer who aided boiler rooms

A solicitor with a double first from Cambridge and a spell at Rothschild’s on his CV was fined £200,000 and banned from the City yesterday for his role in helping boiler room scammers to terrorise and rip off at least 130 people.

Victims included an 86-year-old woman who was threatened with gang rape by one boiler room — the term used for unauthorised share pedlars who use high-pressure sales tactics. A former Army lieutenant-colonel was fleeced of £854,000.

Andrew Greystoke, 67, and his London firm Atlantic Law acted recklessly, without integrity and with complete disregard of risks to consumers, the Financial Services Authority ruled. As well as fining and banning Mr Greystoke, it fined Atlantic Law a further £200,000. The firm, a corporate finance adviser to a number of companies listed on PLUS, the junior stock market, is understood to be being wound down.

The FSA issued its findings yesterday after Mr Greystoke failed in his appeal to the Financial Services and Markets Tribunal.

Atlantic Law approved advertisements by four unauthorised Spanish boiler rooms. These offered free reports on genuine listed companies, but their real purpose was to harvest telephone contact details from prospective victims and then sell them worthless shares.

The scam was “blindingly obvious” to Mr Greystoke, the tribunal said, adding that he also knew that the value of the shares sold to victims was “at least doubtful”. He had approved the advertisements despite seeing customer complaints and warning newspaper articles and despite problems when he had previously acted for Spanish boiler rooms.

Victims were bullied and subject to blackmail threats when they complained. According to one witness, Mr BB, whose mother was a victim, one of the boiler rooms, Price Stone, made threats including “to come to see her ... and gang rape her”.

Another victim, Mr AA, a 69-year-old farmer and former lieutenant-colonel, taped calls from Price Stone, which contained threats, blackmail, derision and insult, according to the tribunal. It called them “cruel and evil calls”.

The FSA received complaints from 130 people who claimed they had lost £3 million in the scams. It believes the total loss will have been much greater.

Mr Greystoke declined to return calls yesterday.

Anonymous said...

A very interesting account of the Scottish legal system which I conclude from reading many of your postings is to be avoided at all costs.

What do people do when no lawyers within reach can be trusted ?

Anonymous said...

http://www.solicitorsfromhell.co.uk/

Disbarred Solicitors
have been reported to be still trading in the profession. To check if your scum bag, sorry, solicitor is 'registered', contact the Law Society on: 08456 086 565. They will run a check for you free of charge.
===================================
They will not tell you about Mr Douglas Mill who had to resign from the Law Society for protecting crooked lawyers. They will not tell you about Law Society coverups causing client suicides.

Have you ever noticed, in medical negligence cases doctors give expert witness opinions in court and are protected by legal privilidge, so they can say what they want, doctors and lawyers self regulate so they can cover up their own corruption and mistakes. Their insurers love this because without a causal line, Royal Sun Alliance never pay damages. All decision makers above have full legal protection so they can protect the insurers. But they will take your litigation case on and dump you outside court once they have milked the Legal Aid for three years. Criminals with wigs and stethoscopes.

Oh do not trust accountants either, they self regulate too.

Anonymous said...

The Rt. Hon. Lord Hamilton, Lord President (Chair)

The Rt Hon Lord Reed

The Hon. Lady Dorrian

Mr. Ronnie Clancy, Q.C., Faculty of Advocates

Mr. Gerry J.B. Moynihan, Q.C., Faculty of Advocates

Ms. Lesley Shand, Q.C., Faculty of Advocates

Mr. Eugene P. Creally, Faculty of Advocates

Mr. Graeme Hawkes, Faculty of Advocates

Mr. Gordon Keyden, Law Society of Scotland

Mr. Robin Macpherson, Law Society of Scotland

Mr. Duncan Murray, Law Society of Scotland

Mr. Sydney Smith, Law Society of Scotland

Mr. Fred Tyler, Law Society of Scotland

Good evening legal people,

we the dissidents have been to a place you will never be, this place is being solicitor barred because lawyers do not sue their crooked colleagues for members of the public. You are however, just people who are answerable to yourselves. Government is not, the UK executive has many checks and balances to curb its power, notably the press and public opinion. Unrestrained power is dangerous because is exacerbates inequality as we know only yoo well. Lawyers cannot keep regulating their own, those who police themselves are corrupt. I hope you do not think we are ignorant Lord Hamilton. I can assure you that in many ways the dissidents are wiser than you. Have a nice evening. Adieu.

Anonymous said...

Clearly self regulation for all levels of the legal profession must end - but is there any Scottish politician with the backbone to bring that about?

Seems not.........

Anonymous said...

Anonymous said...

A very interesting account of the Scottish legal system which I conclude from reading many of your postings is to be avoided at all costs. CORRECT.

What do people do when no lawyers within reach can be trusted. FORM NETWORKS OF DISSENTERS AND E BAY STYLE FEEDBACK SYSTEMS OF OUR OWN, BYPASS THE CORRUPT LAW SOCIETY AND SCOTTISH LEGAL COMPLAINTS COMMISSION. WARN OTHERS IT IS LIKE FIGHTING AN ARMY, THE RUSSIANS ATTACKED THE GERMAN SUPPLY LINES DURING WORLD WAR II. WE INFORM POTENTIAL CLIENTS WHAT THEY ARE UP AGAINST, THIS IS A WAR THAT DISSENT WILL BE THE MECHANISM WHEREBY NO MEMBER OF THE PUBLIC WILL TRUST A FILTHY SELF REGULATOR. IF THE LAWYERS DO NOT WANT TO CHANGE THEIR WAYS THEY WILL BE DRIVEN OUT OF BUSINESS BECAUSE PEOPLE WILL AVOID THEM.

Anonymous said...

Have you seen this : http://thescotsman.scotsman.com/scotland/Little-help-from-my-friends.5230777.jp

The date of publication of that story is 04 May 2009 but there is a comment from Jonathan Mitchell (allegedly) dated 20/08/2009 claiming McKenzie Friends are allowed and he cites examples.

Now if the Lord President and all these bureaucrats are still putting this together after all your campaigning and Lord Gill said he supported "the introduction of McKenzie Friends" where clearly in Scotland they are "not introduced" how on earth can someone say a McKenzie Friend is allowed after all this and taking note of the staff at Aberdeen Sheriff Court who told me last week for the 4th time "McKenzie Friends are not allowed in Scotland and there are no plans to bring them in" !

I think you need to get Lord Hamilton to bang some heads together to get the message out to his employees !

Anonymous said...

Quote of the year:
"I gave up practising because I realised that the majority of solicitors I dealt with are dishonest. Even if they are negligent you never win. They will forge attendance notes and cover their backs. My firm's senior partner cracked a bottle of champagne when his best client died, knowing he could make a fortune from the probate work"
Retired solicitor from Cambridge

Anonymous said...

Lawyers, compassionless, ruthless, evil, a network of evil who ruthlessly exploit members of the public for financial gain. Never trust these crass rats.

Anonymous said...

40 years blocking McKenzie friends. Speaks volumes, the Scottish system is about augmenting law firms bank balances, not justice for clients.

Anonymous said...

Think of lawyers as you would judge the Nazi's they are the same, evil incarnate. I have studied law but I would never be a lawyer because I could not sleep at night. They are as the song states "bad to the bone".

Anonymous said...

LAWYERS INVESTIGATE (A TERM MEANING COVER UP) COMPLAINTS ABOUT YOUR LAWYER. THIS IS WHY THE FOLLOWING LIST IS THE NORM.

http://www.solicitorsfromhell.co.uk/

SOLICITORS FROM HELL

Move slowly.

Risk your deal if you need to move fast.

They don't read the documents carefully.

Your phone calls won't be returned.

Your questions won't be answered.

Your instructions will be ignored.

They won't alert you to any potential problems.

...sound familiar?
Don't let them do it to others!

PUT YOUR SOLICITOR ON SOLICITORS FROM HELL.

THE LAW SOCIETY AND SCOTTISH LEGAL COMPLAINTS COMMISSION (COVER UP TO PROTECT LAWYERS) THIS IS WHY THE LEGAL SYSTEM IS ROTTEN. A CAR DEALER TREATS YOU BAD YOU HAVE RIGHTS. YOU CAN GO TO ANOTHER DEALER NEXT TIME. YOU CANNOT GO TO ANOTHER LAWYER, GO INTO ANY LAW FIRM AND ASK THEM TO SUE YOUR CROOKED LAWYER. YOU HAVE NO CHANCE SO THIS IS WHY THEY ARE ALL CORRUPT AND THIS IS WHY THEY ARE ALL SOLICITORS FROM HELL.

Anonymous said...

“And with iPods and iPads; and Xboxes and PlayStations -- none of which I know how to work -- information becomes a distraction, a diversion, a form of entertainment, rather than a tool of empowerment, rather than the means of emancipation.” - President Obama said this at a graduation at Hampton Uni in the US.

With all the info you've been putting out yet so many seem so ignorant to whats going on in the legal world do you think people are too distracted to empower change in legal areas ?

Anonymous said...

and about time too !!

Anonymous said...

While reading the hootsmon I came across this : http://business.scotsman.com/legalissues/Lord-President-agrees-nonlawyers-can.6298040.jp

"MCKENZIE Friends are set to be allowed in Scotland's courts, after the Lord President agreed to act on a public petition laid down in the Scottish Parliament, The Scotsman can reveal."

The hootsmon takes a long time to reveal what we've been reading here for errm months ?

Anonymous said...

BBC NEWS

Magistrate warned for scum jibe at Blackburn vandals

A magistrate who described two boys as "absolute scum" for vandalising Blackburn Cathedral has been warned he could face disciplinary action.

Austin Malloy has been removed from his post as chairman of the bench while he is investigated by the Judicial Office of Communications (JCO).

He criticised the two 16-year-olds at the town's youth court after they caused £3,000 worth of damage.

The JCO said what happened was currently being investigated.

The court was told that the teenagers, who cannot be named because of their ages, wrote sexual and racist graffiti on prayer books and bent an ancient St John the Baptist cross after they being invited to have a look around the cathedral.
===================================
These boys should be punished but the word scum applies to the legal profession, because they commit crimes with impunity.

Anonymous said...

LawCare opened 549 case files last year, up 10% on 2008. Calls to the helpline were becoming ‘longer and more complex’, (GOOD) the charity said, as solicitors face financial and emotional difficulties as a result of the recession. (PEOPLE OF SCOTLAND, A GOOD REASON FOR PREVENTING YOUR LAWYER DEALING WITH YOUR MONEY).

Of the 549 cases dealt with, 410 related to stress (CLIENT STRESS IS MUCH WORSE), 947 to clinical depression (GOOD), 32 to alcoholism (WONDERFUL), three to illegal drugs (NO SURPRISE THERE) and 57 to eating disorders, panic attacks, obsessive compulsive disorder and other issues. More than 2,500 additional telephone calls were made or taken in relation to these cases – a quarter more than the previous year. GOOD.

Just over half of callers were able to identify a primary cause of their distress. A quarter of these cited redundancy (AT LEAST YOU LAWYERS DID NOT GET OCCUPATIONAL INJURY AND IT WAS COVERED UP, OR YOUR FAMILIES INHERITANCE STOLEN) ), 24% financial problems (CLIENTS HAVE FINANCIAL PROBLEMS TOO GETTING THEIR MONEY BACK), 20% disciplinary issues and 17% bullying. Others cited relationship problems, ethical issues and bereavement.

WELL LAWYERS THIS IS POETIC JUSTICE, YOU ARE REAPING WHAT YOU HAVE SOWN. YOU SHOULD ALL PAY ATTENTION TO THE COMMANDMENT "THOU SHALT NOT STEAL". PERHAPS IF YOU HAD, THE PROFESSIONS COLLECTIVE REPUTATION WOULD NOT BE IN THE GUTTER.

WHAT ABOUT CLIENT CARE? LAWYERS ARE VERMIN, TRUST NONE OF THEM, IF THEIR DAILY LIVES ARE STRANGLED BY THEIR STRESS, THE ARE TO BLAME. THE PUBLIC ARE HAVING THEIR EYES OPENED TO THE DANGERS OF TRUSTING A SELF REGULATOR. GOOGLE "CROOKED LAWYERS" AND HAVE A LOOK AT THE WEBSITES DEDICATED TO ENDING THE EVOLUTIONARY SCOURGE CALLED SELF REGULATION. HAVE A NICE DAY LORD HAMILTON.

Anonymous said...

Chambers UK Guide to The Legal Profession: 2009

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At HBM Sayers we don’t subscribe to the old fashioned traditional notion of practicing law. We believe in our people, we believe in our service and, most importantly, we believe in keeping our clients happy.

We understand that the mechanisms by which you assess and value our services are increasingly scientific. For this reason we work on implementing solutions to ensure that you will be given the information you need in the format you specify as and when required. In this way, we hope that you will agree with others who believe that HBM Sayers stands head and shoulders above the competition.
-----------------------------------
This firm is insured like all lawyers in Scotland by Royal Sun Alliance. They defended an employer also insured by Royal Sun Alliance. The prosecuting lawyers a well known Glasgow firm were also insured by Royal Sun Alliance.

Warning, if you try and sue your employer all Scotlands litigation lawyers, employers, doctors are insured by Royal Sun Alliance. YOU CANNOT WIN A LITIGATION CASE IF YOUR INJURIES ARE DETERMINED BY MEDICAL REPORTS. THESE PEOPLE GET LEGAL AID TO PROTECT THEIR INSURERS. OBTAINING DAMAGES FROM YOUR EMPLOYER IN SCOTLAND IS IMPOSSIBLE, YOU WILL END UP WITH A LEGAL BILL BECAUSE THE DOCTORS REPORTS WILL COVER UP YOUR INJURIES.

Anonymous said...

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Peter Cherbi said...

Thanks for all your comments & emails on this article.

I was interested to learn through several contacts some courts across Scotland are still claiming McKenzie Friends are either not allowed or have never existed in Scots Law ....

This is clearly a false & misleading statement as the case of Martin Wilson v North Lanarkshire Council & Others, which I reported on as bringing the first McKenzie Friend into a Scottish Civil Court case at the Court of Session does indeed confirm that McKenzie Friends are now available in Scots law, as of November 2009.

I would advise anyone seeking to use a McKenzie Friend in their Civil case to pursue the matter and refer the presiding Sheriff or judge to the Wilson v North Lanarkshire Council ruling, as well as quoting the present arrangements being put in place by the Lord President, Lord Hamilton as I reported on in my latest article on the McKenzie Friend subject.

# Anonymous @ 16 May 2010 15:25

Yes, I saw that comment by President Omaba ... and would agree with it.

I think one of the problems is that information has now become a triviality, rendering a lot of exposes of scandals pretty much wasted on the general population, who will only trouble to research something if they end up affected by it ...

# Anonymous @ 17 May 2010 21:27

Yes thanks, I was aware of the Scotsman article ... its good to see the media actually covering something which will benefit individuals ... even if the Law Society continues to oppose McKenzie Friends ...

Anonymous said...

VICTIMS OF THE LEGAL PROFESSION SOCIETY

Press Release, September 2005

Following many disturbing calls and complaints in the month of August where it was alleged that at least some members of the legal profession gave tentative permission to have property entered onto and unlawfully interfered with in West Cork, Cork City, Sligo, Kildare, Tipperary, Clare, Kilkenny and Wexford, it was agreed that the only solace we could offer to those aggrieved people was to ask them to give us a brief history of their appalling experience, not more that two pages and not to be afraid to name culprits. So we could email the story to the Minister for Justice, Equality and Law Reform, Michael McDowell, T.D. and it will expose the criminal element of the legal profession for what they are in a name and shame programme.

Now that the guns and ammunitions of the North are out of use and destroyed, child molestors and drug barons and all other thieves and robbers are being hunted down and put behind bars, we don't see any reason why the criminal element of the legal profession should be allowed to plunder, rob and destroy the most vulnerable in our society. How many criminal codes are there in this state and to who or what code are the criminal element of the legal profession answerable to? Does it surprise anyone why in the recent past some people have given two fingers to our court system? If you were surprised up to now visit our website, CrookedLawyers.com over the next few weeks and it may throw some light on what is happening within the legal and judicial system in Ireland. Why is it becoming necessary to build a Berlin wall around the four courts? Our Minister for Justice, Equality and Law Reform, Michael McDowell, T.D who, unlike his predecessor, is not a waffler, is well aware that our legal and judicial system is corrupt but in political jargon he is still not convinced of the need for an independent commission to put right the wrongs of the low standards party that he is sharing power with.

Minister for Justice, many months now have elapsed since you got from the people of Ireland what you asked of them: denial of an overall majority for one party. You have the power and the wherewithal. Exercise your power; thousands of vulnerable Irish people and others need your help. It will never be delivered by the low standards party that you share power with.

John Gill
P.R.O. V.L.P.S.

Anonymous said...

Essay: The Law is a Wolf in Sheep's Clothing!

Website http://www.crookedlawyers.com/index.php

VICTIMS OF THE LEGAL PROFESSION SOCIETY

It is generally assumed that the law consists of certain fundamental principles, abstract bodies of reason, and a repository of wisdom, which serve the interests of justice in every society. It is held that the principle of fair play informs judicial decisions and opinions, and that due process and procedure is carried out dispassionately without personal, political or professional prejudice. However, not all of these assumptions can be justified. In fact, on many occasions the opposite is chillingly the case. The law is often executed arbitrarily in the interests of the few who dispense it, rather than for the benefit of the many that it is supposed to serve. It is shot through with discrepancies, inconsistencies, irregularities and peculiarities. If the law is an ass, it is a very clever and devious one.

The law acts as a mechanism for class control. It consolidates the hierarchical order that governs humanity, protecting the privileges of the elite and the powerful at the expense of many others. In every society there exists a certain group of people who, for all practical purposes, are outside the influence of the judicial process. The law therefore operates too often as a vehicle of the establishment. It is engaged in a conscious and surreptitious strategy to reshape culture, and to transform society in general. By constantly twisting the precepts that many people hold to be absolute, it will eventually change reality itself. If the truth is turned on its head often enough it will inevitably assume the shape that most accords with the demands of the moment. When this happens, any perversion of thought can be practised.

Anonymous said...

Professional Negligence Specialist Solicitors

http://www.contactlaw.co.uk

Contact Law has 5,000 solicitors located throughout the UK available to assist clients on all aspects of professional negligence. If you have recently experienced poor service or negligence from one of the following professions and wish to make a claim we can quickly put you in contact with an expert solicitor. Some of our solicitors are able to work on a no-win-no-fee basis. To contact a solicitor simply call free on 0800 1777 162 or fill in the form to the right.

Professional negligence claims can cover the following professions: Accountants, actuaries, advertisers, architects, barristers, bankers, consultants, designers, engineers, estate agents, financial advisers, insurance and mortgage brokers, solicitors, surveyors and valuers.

I could never trust these people.

Anonymous said...

A general practitioner from Hamilton was caught lying in a patients medical records. The NHS complaints manager did nothing about this so any patient's doctor can write what they want about patients. Medical confidentiallity and truth is a falacy, it is non existent.

Anonymous said...

There is great beauty in sticking to the facts, because truth will always crush corruption, dissent on the periphery is becoming more mainstream. We have McKenzie friend success ( great result Peter) but this would never have happended without dissent.

Good morning Lord Hamilton. I would love to know what makes your legal mind tick, what gives you the right to control everything. You are just a man at the end of the day, nothing special, just a man in a powerful occupation. Tradition Lord Hamilton, is just like our ancestors acting in the present, that is what you are, a man doing what legal evolution makes you think it is your right to do. Please do not try and diminish the McKenzie friend powers. Equality with other countries is what we demand and an end to legal dictatorship, end self regulation.

I am a Quantity Surveyor, I detest lawyers, so do not patronise us by believing we are too ignorant to understand the issues. It is you who are ignorant, you do not understand or care what a ruined client has to face. My sister had a horrific number of years tortured by the self regulators. You are a rabble of criminals and we will never be crushed by those who are omnipotent, no we will fight to our last breath.

Anonymous said...

THE PEN IS MIGHTIER THAN THE SWORD

NHS Exposed website

http://www.nhsexposed.com/about/write.shtml

We were not all born as Dickens but nevertheless the English language was meant to be used to communicate and defend ourselves . Most people are apprehensive about writing for a site . The fear of libel and repercussions drives doubts into one's mind . We fear the future yet there may be very unpleasant indeed if we do not express the truth regarding our system today.

NHS Exposed believes in obtaining justice by exposing injustice. Many are helpless in this world where the legal and medical systems are Goliath to the victim's David. The establishment thrives on imagining that THEY possess the knowledge and the fineries to protect the image of the British establishment that they like to portray. Our world is filled with the disabled, the elderly who are abused by the system leaving them powerless .

Your experience is someone's knowledge . Your experience is someone's strength . To read of battles and methods that work is vital if the reasonable man / woman is to fight the system . The tool of knowledge is important in the quest for justice. For this reason we at NHS Exposed implore you to write for us, to state your experiences for others less fortunate than yourselves. The establishment despises the truth being made public.
===================================
Well NHS exposed a doctor who lied in medical records, lied to the court about one of his patients mental health and distorted evidence to get the outcome he wanted was protected by NHS managers.

These GP's are not clever, they threw a dissident patient out of their practice by sending a letter but did not take legal action to prevent the dissent. There is immense power in the truth. What did the patient do, show other patients at the same practice the letter that a corrupt GP's partners had thrown out a patient who was telling the truth. They stick together like all self regulators. The doctor concerned is a corrupt deviant bastard protected by a corrupt deviant legal system.

From our experience we are convinced that doctors whose reputations are at risk would administer a lethal dose of diamorphene, if pathologists would cover this up to protect the profession, it is scary. We believe the medical profession are evil incarnate, they would murder to protect their own. But we would die before we would become humble supplicants to these bastards. Never, one has to act out of conviction, there are principles one would die for rather than accept what has happened to us.

The truth behind the white coat doctors is that you are a necessary evil.

Anonymous said...

Peter you said

"I would just love that Douglas Mill takes me to Court. I could apply for legal aid against him & see how he tries to fiddle it again".

Me too I would love Cameron Fyfe to try to take me to court, but he cannot because like Me Mill he is a fiddler and a crook,

all the best Peter. We will never quit.

Anonymous said...

No lawyer will ever take legal action against us, look at the listings from http://www.solicitorsfromhell.co.uk/

Too many people would unite

EWAN,HARRIS & CO (96490 hits)
Humphreys & Co Solicitors (40294 hits)
Moss and Coleman - The ORIGINAL Solicitor from HELL (38525 hits)
Ewan Harris & Co (33212 hits)
OMBUDSMAN (25021 hits)
Humphreys & Co Partner P Siddons (21085 hits)
DOLMANS SOLICITORS (19403 hits)
Blackadders (19109 hits)
Thorntons WS (18771 hits)
GORDONS INVESTIGATORS FOR THE LAW SOCIETY (16289 hits)
Harrowell Shaftow (16261 hits)
Legal Ombudsman Zahida Mansoor (16207 hits)
THE MACKENZIE LAW PRACTICE (11750 hits)
GEOFFREY PARKER BOURNE & CO (10479 hits)
W.G.Boyle (10198 hits)
Lester Aldridge (10192 hits)
Irwin Mitchell (9895 hits)
Eversheds (7747 hits)
Adams Harrison (6995 hits)
Rubens Solicitors (6980 hits)
Burns (6833 hits)
McGoldricks (6803 hits)
Tustain Jones & co. (6479 hits)
Emery Johnson Solicitors (6357 hits)
Crane and Walton (6328 hits)
MORTON FISHER (5940 hits)
Blake Lapthorne (BLLAW) (5908 hits)
Alsters Kelley (5725 hits)
THOMSON & BANCKS Solicitors (5617 hits)
Clarke Wilmott Clarke (5579 hits)
EWAN HARRIS & CO DORNOCH (5314 hits)
Roach Pittis - Newport (5236 hits)
Wolstenholmes - Cheadle (5194 hits)
Anthony Gold Solicitor (5148 hits)
Stephensons Solicitors (5046 hits)
Penningtons Solicitors (4772 hits)
FDC Law (4754 hits)
Forbes Solicitors (4640 hits)
Johar and Company Solicitors - Leicester (4561 hits)
TSH Burns & Son (4545 hits)
Stephensons Solicitors (4542 hits)
TSH Burns now Burns (4510 hits)
Turners (4256 hits)
Coles Miller (4012 hits)
Dickinson Parker Hill (3938 hits)
BENNETTS SOLICITORS (3922 hits)
Moss and Coleman - The EARLIEST Solicitor from HELL (3881 hits)
Cassam And Battrick (3861 hits)
Yablons (3852 hits)
Bennetts Law Practice Ltd - Clacton-On-Sea, Essex (3791 hits)

With feedback from lawyers victims like this, how can any member of the public trust a lawyer? How much human torture have these bastards caused, and these are the tip if the iceberg?

Anonymous said...

What is error and omissions insurance? Does it cover malpractices and errors? Is it included by default to the commercial liability policy?