tag:blogger.com,1999:blog-20722989.post5426187170444686268..comments2024-03-29T12:58:06.213+00:00Comments on The Justice Diaries: MSPs hear Scots Party Litigants face Supreme Court civil appeal lock-out due to "window dressing"measures from Faculty of Advocates & lack of help from top judge Unknownnoreply@blogger.comBlogger31125tag:blogger.com,1999:blog-20722989.post-13329861420307147312014-02-26T18:36:38.639+00:002014-02-26T18:36:38.639+00:00This lady seems to have got the same cold-shoulder...This lady seems to have got the same cold-shoulder-treatment that the Petitions Committee got?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-38316193340288577352014-02-26T13:39:15.154+00:002014-02-26T13:39:15.154+00:00Anyone who votes for 'independence' after ...Anyone who votes for 'independence' after reading this blog needs their head examined!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-20168212085449135952014-02-26T13:32:29.261+00:002014-02-26T13:32:29.261+00:00Anonymous said...
I had a solicitor and qc represe...Anonymous said...<br />I had a solicitor and qc represent me in a damages claim against my local nhs trust I asked them to tell me what evidence they put to the court because I was told by a nurse the statement she gave confirmed everything that happened my solicitor had already told me he had taken a statement from the nurse then no statement in our case and my own qc said not enough evidence both withdrew from acting and I was left as a party litigant you will be familiar with the ending as in I lost the case and have been under threat of them taking my house away if I do not pay their fees.The solicitor's wife is a member of the board of the nhs trust using her maiden name and now he is trying to cover all this up because his wife is the reason he dropped my case and lied about the evidence.I tried to tell all this to the judge but no use he is on the side of the lawyer so party litigant has no chance in Scotland.<br /><br />25 February 2014 15:54<br />MmmmmmmmmmmmmmmM<br /><br />You should give your detailed case to the DOI journalists and then give serious consideration to report your legal team and the Judge to the police and ask the police for a Crime Number (do not accept an incident number as this means that you are being palmed off)?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-78618087902006481662014-02-26T13:22:21.136+00:002014-02-26T13:22:21.136+00:00Anonymous said...
Good to see the comments from Ch...Anonymous said...<br />Good to see the comments from Chic Brodie about the way the justice system conceals itself and any information about how it operates.Why is justice a state secret someone should be asking this top judge who directs people to a website instead of showing up at parliament.<br /><br />24 February 2014 22:19<br />-------------------------------@<br /><br />This is the standard of service you can expect, where The Lord President is answerable to no one and there is no one monitoring his behaviour?<br /><br />Remember, Ms Moi Ali had no alternative but to resign her post as Judicial Complaints Reviewer because the antics of The Lord President did not allow her to maintain the professional standards required for her to do her job in the Public Interest?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-81467469323261894712014-02-26T13:17:48.114+00:002014-02-26T13:17:48.114+00:00Anonymous said...
Lawyers and judges find party li... Anonymous said...<br />Lawyers and judges find party litigants burdensome because there is no money in it for them - this is why there are so many hurdles put in place of anyone who wants to represent themselves.<br /><br />If I have learned anything from Peter's blog it is that money drives justice and if you dont have it or dont wave a bung at a lawyer advocate or a judge you get nowhere.<br /><br />24 February 2014 16:09<br />vvvvvvvvvvvvvvvvvvvvvvvvvv<br /><br />I attended a court hearing as a witness where the Sheriff was addressing a 16 year old business owner regarding her business and through his shouting and intimidation this young woman was reduced to hysterical tears?<br /><br />The reaction of the Sheriff was that it was her own fault for annoying him by not employing a lawyer to represent her in court for him to talk to?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-90664386048575847382014-02-26T10:42:42.701+00:002014-02-26T10:42:42.701+00:00In light of what you have written over the years a...In light of what you have written over the years about the treatment of party litigants it may be better to create a court for party litigants use rather than have them appear in front of judges are are obviously too used to dealing with lawyers inside and outside of the court.<br /><br />Things will not get better for party litigants until they are allowed to appear in a court where they truly have an equal footing with other parties who are almost certainly represented by expensive lawyers.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-35330379890150386592014-02-25T15:54:07.544+00:002014-02-25T15:54:07.544+00:00I had a solicitor and qc represent me in a damages...I had a solicitor and qc represent me in a damages claim against my local nhs trust I asked them to tell me what evidence they put to the court because I was told by a nurse the statement she gave confirmed everything that happened my solicitor had already told me he had taken a statement from the nurse then no statement in our case and my own qc said not enough evidence both withdrew from acting and I was left as a party litigant you will be familiar with the ending as in I lost the case and have been under threat of them taking my house away if I do not pay their fees.The solicitor's wife is a member of the board of the nhs trust using her maiden name and now he is trying to cover all this up because his wife is the reason he dropped my case and lied about the evidence.I tried to tell all this to the judge but no use he is on the side of the lawyer so party litigant has no chance in Scotland.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-7436896786373239642014-02-24T23:08:38.452+00:002014-02-24T23:08:38.452+00:00Anonymous said...
Does anyone have details of the ... Anonymous said...<br />Does anyone have details of the lawyers petition referred to which challenges the present position regarding the fact that only lawyers with offices in Edinburgh can appear in the Court of Session?<br /><br />22 February 2014 11:52<br />xxxxxxxxxxxxxxxxxx<br /><br />You misunderstand!<br /><br />Even if you went to a lawyer in Edinburgh, they would still say you need another Edinburgh Lawyer?<br /><br />Their agenda is to build-in levels of unnecessary chain-of-command, so that when your case goes belly-up as it invariably does in Scotland, you have nobody (in their minds) to pin the blame on?<br /><br />This system is also effectively double-billing of the Client. (You will also find this system almost universally adopted in 'Legal Aid Cases', whereby they all jump on board the great Scottish Legal Aid Fund Gravy Train)<br /><br />This system is wide open for corruption to exist, whereby your own legal team can conspire against you if your case is contentious towards a lawyer, Sheriff or Judge or one of their pals?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-7113585962512071892014-02-24T22:19:20.783+00:002014-02-24T22:19:20.783+00:00Good to see the comments from Chic Brodie about th...Good to see the comments from Chic Brodie about the way the justice system conceals itself and any information about how it operates.Why is justice a state secret someone should be asking this top judge who directs people to a website instead of showing up at parliament.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-426328282437146992014-02-24T16:09:26.745+00:002014-02-24T16:09:26.745+00:00Lawyers and judges find party litigants burdensome...Lawyers and judges find party litigants burdensome because there is no money in it for them - this is why there are so many hurdles put in place of anyone who wants to represent themselves.<br /><br />If I have learned anything from Peter's blog it is that money drives justice and if you dont have it or dont wave a bung at a lawyer advocate or a judge you get nowhere.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-50417184175006281612014-02-23T17:13:32.968+00:002014-02-23T17:13:32.968+00:00Anonymous said...
Paragraph 1.8 denies a party lit...Anonymous said...<br />Paragraph 1.8 denies a party litigant the right to appeal to the Supreme Court and to appeal to the European Court of Human Rights. That is a blatant human rights issue. The theory is there but, as I say, the practicalities deny a party litigant the right of appeal. Everyone must be treated equally, with fairness and respect. The current situation contradicts the Human Rights Act 1998 severely.<br /><br />This is a flaw in Scottish justice. The system that is in place is not fit for purpose. It places insurmountable barriers in the way of the party litigant. That happens in any civil case, and civil appeals show that party litigants have fewer rights. The Scottish Government has clearly recognised that there is a problem. Mr MacAskill mentions<br /><br />MacAskill's masters at the Law Society will have banned the user of the words "Party Litigant" for fear of giving people thoughts they can obtain justice without some lawyer to guzzle up all their money.<br /><br />21 February 2014 21:44<br />&&&&&&&&&&&&&&&&&&&&<br /><br />There is clear corruption to force people to pay unwarranted huge sums to Scottish lawyers for zero in return. The Scottish Justice System has become a means to itself, with its own Rules to protect Scottish lawyers and to diminish the Legal Rights of the Client who is being used as nothing more than a cash cow, with no hope of Justice?<br /><br />The state of affairs nowadays is synonymous with unfortunate members of the Scottish Public being 'tricked' into the Scottish Judicial System or where they are entrapped by a system which has no concern about their Rights or their best Interests?<br /><br />Why would any sane person use a Scottish lawyer?<br /><br />What on Earth do they think they are getting for all of these many £ thousands of pounds?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-26613602702762066622014-02-23T16:09:35.243+00:002014-02-23T16:09:35.243+00:00Continuation from earlier response....
Make sure...Continuation from earlier response....<br /><br /><br />Make sure you understand the Rules the Scottish Justice System is based on to easily allow miscarriages of justice to happen all the time....?<br /><br />A Scottish Counsel's Hierarchy of Responsibilities?<br /><br />1) A Scottish Counsel's First Priority is to the Court - if your case brings up an element of potential damage to the Court or of 'users of the court' (i.e Scottish lawyers or Judges) then you have zero chance of succeeding?<br /><br />2) A Scottish Counsel's Second Priority is to the Instructing 'Edinburgh Lawyer'?<br /><br />3) A Scottish Counsel's Third Priority is to the Faculty of Advocates and the Law Society of Scotland - if your case involves anything to do with a member of the Law Society of Scotland, you have zero chance of succeeding?<br /><br />4) A Scottish Counsel's Fourth Priority is to their opposition Counsel in Court - if they get together prior to your case Calling and they agree to give way to their opponent because it favours them to do so, then you have zero chance of succeeding?<br /><br />5) A Scottish Counsel's Fifth Priority is You, Yeaaaaah!<br /><br /><br />This means that the whole Judicial System is massively against your best interests and they have a multitude of reasons to destroy your case and humiliate and deplete you of your money and there is nothing you can do about it?<br /><br /><br />For the doubters out there please refer to the Rules for Scottish Advocates (Counsel)<br /><br />http://www.advocates.org.uk/downloads/guidetoconduct_5thedition.pdfAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-25105964433534382902014-02-23T16:08:33.287+00:002014-02-23T16:08:33.287+00:00Anonymous said...
A well known fact you cannot get...Anonymous said...<br />A well known fact you cannot get into the Court of Session unless you go through the Edinburgh clique of lawyers who run it.<br /><br />Gill wont want to admit any of this in a letter but this is the way it is and has been for donkeys years.Everyone knows it.<br /><br />21 February 2014 20:16<br />------------------------------<br /><br />Yes, correct.<br /><br />Although the reason for this system is not solely down to the enrichment of crooked lawyers and Advocates. It is simply part of a well organised system to remove the legal rights and influence of the Client and to blur the responsibilities of the roles concerned of the lawyers to make it impossible to sue any lawyer and very easy for the lawyers to deliberately screw your case up for favours to others with an interest or just for financial enrichment?<br /><br />As a Client embroiled in a threat not of your own making; you go to a Scottish lawyer and explain the situation to them and they say, how much free cash to you have in the bank and if you say plenty, they say yes of course I can help you with this, no problem?<br /><br />Then your Scottish lawyer will normally look for a payment to account of around £10,000.00 (there is absolutely no reason for this payment, other than it serves as an insidious foretelling of what is about to happen)?<br /><br />Your lawyer then tells you that you need an 'Edinburgh Lawyer' and the reason for this is that you need a Counsel because they have special rights to speak to a Judge and it is only an 'Edinburgh Lawyer' who can Instruct a Counsel what to do?<br /><br />So here is how it works contractually, so that you <br />a) lose control of your own case and <br />b) a system is put into place where it is impossible for you to complain or to sue and where they can do what they like and there is nothing that you can do about it, other than pay-up for them screwing you up?<br /><br />You employ your lawyer. You Instruct him. He can ONLY act on your Instructions. He is directly responsible to you.<br /><br />Your lawyer employs the 'Edinburgh Lawyer'. This is his choice only and you have no say in the matter. The 'Edinburgh Lawyer' acts only on your lawyer's Instructions and the 'Edinburgh Lawyer is directly responsible to your lawyer?<br /><br />The Counsel (or Solicitor Advocate) have special rights to address a Judge. Your Counsel is employed by your 'Edinburgh Lawyer' and only takes Instructions from them. Your Counsel is responsible to nobody except themselves?<br /><br />Here comes the important bit....?<br /><br />You Instruct your lawyer. Your lawyer then Instructs the 'Edinburgh Lawyer'. Your 'Edinburgh Lawyer' Instructs Your Counsel?<br /><br />After this chain of your Instructions Your Counsel can completely disregard the Instructions and carry out the case 'as they see fit', which could be that they argue against your best interests and for your opponent interests and there is nothing you can do about this and you still have to pay through the nose for this betrayal?<br /><br />Similarly, with the 'Chinese Whispers' system of Intermediate levels of Instructions, it makes it very easy for Counsel to completely usurp your case and then claim that by the time that the Instruction reached them it had 'changed'?<br /><br />Or another classic often occurs where your Counsel completely misses major components of your case and then claims that they did not receive the information and that it is the fault of the either Your 'Edinburgh Lawyer' or your own lawyer?<br /><br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-62262664060693259732014-02-23T15:19:05.318+00:002014-02-23T15:19:05.318+00:00 Anonymous said...
So we are all burdensome unless... Anonymous said...<br />So we are all burdensome unless we are throwing money at lawyers and advocates who are just there to line their pockets along with the judges<br /><br />Well about time we all stopped using lawyers advocates and the rest of these crooks<br /><br />21 February 2014 19:37<br />!!!!!!!!!!!!!!!!!!!!!!!!!!!!<br /><br />If all Scots were to stop using a lawyer for one year, then this is the only way of getting any meaningful real reform?<br /><br />Then after one year we the Scottish Public dictate to the Law Society of Scotland that we will only pay a maximum of £20 per hour for a lawyer, which some would argue that this vastly over estimates their true worth?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-28115050129994727062014-02-23T15:13:57.238+00:002014-02-23T15:13:57.238+00:00Anonymous said...
Lets hope the Justice Committee ...Anonymous said...<br />Lets hope the Justice Committee dont buckle after the usual nobbling from the Faculty of Advocates & Law Society<br /><br />21 February 2014 18:34<br />::;;:;;;;;;;::;;;;::;;:::;;;:;::;:;:;::;;:;;:;<br /><br />Wake up!<br /><br />The Justice 2 Committee just like the Petitions Committee are controlled by the Law Society of Scotland?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-56498553348566120682014-02-23T15:11:41.885+00:002014-02-23T15:11:41.885+00:00Anonymous said...
And it emerged in answers to fur... Anonymous said...<br />And it emerged in answers to further questions from MSPs that Scotland’s top judge Lord President Lord Brian Gill - famed for his own sharp criticism of the Civil Justice system and his Scottish Civil Courts Review can only manage to direct people with no legal representation or experience of the law to a web page, rather than provide help or answers to why no party litigant has ever been able to approach the Supreme Court after enduring lengthy, bruising encounters in front of Scotland’s highest court, the Court of Session.<br /><br />Mrs Mclean Toremar, who has been through a prolonged & arduous case in front of Scotland’s unsympathetic judiciary told an amazed Petitions Committee: “I approached Lord Gill, but he simply sent a letter from his secretary telling me to go www.supremecourt.com. I did not ask for legal advice and I did not ask any unusual questions. I just asked about paragraph 1.8, but he would not answer me.”<br /><br />or in other words dont bother me I am too busy flying around the world on diplomatic missions and not showing up at parly<br /><br />21 February 2014 17:29<br />£££££££££££££££££<br /><br />Or turning his boots upside down to empty them of £50 notes?<br /><br />A more revealing question may have been; has there been a single Party Litigant who has been successful in a Scottish Court because it seems as though the Judiciary are biased towards lawyers and unless you make yourself destitute in order to fulfil the greedy desires of your Scottish lawyer, then there is no chance they will let you win?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-76494939901947678162014-02-23T02:30:56.924+00:002014-02-23T02:30:56.924+00:00 Anonymous said...
The message is loud and clear -... Anonymous said...<br />The message is loud and clear - if you have no lawyer and are not prepared to dump all your money in the legal profession there is no justice for you whatsoever.<br /><br />The judges will be quite happy at this because they are all former lawyers themselves and therefore have a duty to keep the court business for their solicitor friends down the line.<br /><br />It is so obvious you can see it ever day in the courts.<br /><br />21 February 2014 16:44<br />-------------------------<br /><br />There is no such thing as justice in Scottish Courts?<br /><br />It is a corrupt closed industry which harvests souls and cash?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-1966072356962353192014-02-22T20:36:20.970+00:002014-02-22T20:36:20.970+00:00First comment is spot on - this is about forcing e...First comment is spot on - this is about forcing everyone to use lawyers and their ilk all these hurdles should not exist in a free or democratic society when someone needs the justice system if they can represent themselves there should be no barriers nothing to do it.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-74738491682431899972014-02-22T12:01:41.498+00:002014-02-22T12:01:41.498+00:00Not satisfied with the car crash that is the Scott...Not satisfied with the car crash that is the Scottish justice system, McAskill wants to make this even more anti-client with the Court Reform bill.<br /><br />Getting rid of the need for 2<br />counsels signatures and replacing it with having to seek the permission of the Court of Session to approach the supreme court - after having already failed at <br />proof and appeal in Edinburgh - sounds even worse, and just as unlikely to result in permission being given.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-81912505868961137292014-02-22T11:53:48.775+00:002014-02-22T11:53:48.775+00:00Lawyers torment their clients for profit, kick the...Lawyers torment their clients for profit, kick them aside and look for their next victim. Anyone in the know never trusts these rats. Oh they bleed when the Legal Aid budget is being cut but they don't bleed for ruined clients, oh no they enjoy it. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-16928122303010428352014-02-22T11:52:25.518+00:002014-02-22T11:52:25.518+00:00Does anyone have details of the lawyers petition r...Does anyone have details of the lawyers petition referred to which challenges the present position regarding the fact that only lawyers with offices in Edinburgh can appear in the Court of Session? Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-74386998171154725232014-02-22T02:20:50.669+00:002014-02-22T02:20:50.669+00:00What a country Scotland must be to live in with al...What a country Scotland must be to live in with all these lawyer nutcases running the justice system.<br /><br />And all those lunatic foreign parents sending their kids to learn law in Scottish universities for what? to be trained as licensed crooks?<br /><br />Good thing we now know to steer clear of anyone claiming to be a Scottish solicitor!<br /><br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-22300284658539766562014-02-21T21:44:58.637+00:002014-02-21T21:44:58.637+00:00Paragraph 1.8 denies a party litigant the right to...Paragraph 1.8 denies a party litigant the right to appeal to the Supreme Court and to appeal to the European Court of Human Rights. That is a blatant human rights issue. The theory is there but, as I say, the practicalities deny a party litigant the right of appeal. Everyone must be treated equally, with fairness and respect. The current situation contradicts the Human Rights Act 1998 severely.<br /><br />This is a flaw in Scottish justice. The system that is in place is not fit for purpose. It places insurmountable barriers in the way of the party litigant. That happens in any civil case, and civil appeals show that party litigants have fewer rights. The Scottish Government has clearly recognised that there is a problem. Mr MacAskill mentions<br /><br />MacAskill's masters at the Law Society will have banned the user of the words "Party Litigant" for fear of giving people thoughts they can obtain justice without some lawyer to guzzle up all their money.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-36635193012069471922014-02-21T20:53:59.906+00:002014-02-21T20:53:59.906+00:00I would never trust a member of this brutal profes...I would never trust a member of this brutal profession again. Block, delay, cover up, distort. They will do anything to protect their reputations and income and they are the most ruthless people I have ever had to deal with. <br /><br />A client with an issue against one lawyer where the latter has ruined him finds out the whole legal establishment block their rights. So the Supreme Court civil appeal lock out is what I expect. They are all against clients and they all want to keep things secret, with in house complaints systems and recycles crooked lawyers and judges. What is new?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-91309742662469448802014-02-21T20:16:40.556+00:002014-02-21T20:16:40.556+00:00A well known fact you cannot get into the Court of...A well known fact you cannot get into the Court of Session unless you go through the Edinburgh clique of lawyers who run it.<br /><br />Gill wont want to admit any of this in a letter but this is the way it is and has been for donkeys years.Everyone knows it.Anonymousnoreply@blogger.com