tag:blogger.com,1999:blog-20722989.post8316582067825210843..comments2024-03-24T23:01:57.640+00:00Comments on The Justice Diaries: Scottish Courts overstepped powers on requirements for ‘speaking’ lay assistants say msps, Justice Committee asked to investigateUnknownnoreply@blogger.comBlogger29125tag:blogger.com,1999:blog-20722989.post-4825177774235125982013-03-18T10:13:56.338+00:002013-03-18T10:13:56.338+00:00There still exists provision for a non-speaking la...There still exists provision for a non-speaking lay supporter under Chapter 12A no? <br />Surely this makes adequate provision for a McKenzie Friend as in other jurisdictions without requiring disclosure of any convictions. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-82929865510226110242012-08-09T15:30:19.760+01:002012-08-09T15:30:19.760+01:00So quick question. Someone asking for a Mackenzie ...So quick question. Someone asking for a Mackenzie Friend in Scotland, what do I tell them?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-6499329140827434382012-08-01T13:13:22.285+01:002012-08-01T13:13:22.285+01:00The Courts in Scotland hate people who are genuine...The Courts in Scotland hate people who are genuinely seeking JUSTICE?<br /><br />Instead they function in the favour of the sneaky and lying Scottish lawyers and for criminal clients who by being let-off Scot-Free keep the wheels of the Justice System oiled and keep the crooks in a job?<br /><br />Bring forth a traffic light warning system for Scottish lawyers so that the Public are protected from the criminals?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-21284686508843524362012-08-01T13:08:39.511+01:002012-08-01T13:08:39.511+01:00Anonymous said...
There is of course nothing to pr...Anonymous said...<br />There is of course nothing to prevent an unrepresented party enlisting the assistance of say a university student studying law or a lawyer/barrister from south of the border 'pro bono'.<br /><br />However, that any and all applicants must subcribe to tests about previous convictions etc is beyond the pale given that the Scottish Judiciary stubbornly refuses to submit themselves to exactly this scrutiny.<br /><br />Double standards anyone?<br /><br />26 July 2012 16:42<br />¥¥¥¥¥¥¥¥¥¥¥¥¥¥¥¥¥¥¥¥¥¥¥¥¥¥¥¥¥¥¥¥¥¥¥¥¥¥¥¥¥¥¥<br /><br />I think you will find that English Lawyers and Barristers or even law students would not be allowed to act as a McKenzie Friend in Scotland because they have to some degree got legal expertise?<br /><br />The whole point of McKenzie Friends is that the Court are saying OK we will allow you help by someone we vet but unless you use a Scottish Lawyer in a Scottish Court then we will stack the chances against you winning your case?<br /><br />In the knowledge that the Court in Scotland will 'give direction and coerce' a Scottish Lawyer so that they comply with the will of the dark actors?<br /><br />This is also why Party Litigants & McKenzie Friends in Scotland are treated by their opposition lawyer and the Judge/Sheriff as the proverbial shit on their shoes...?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-40871249942337411562012-08-01T12:59:32.137+01:002012-08-01T12:59:32.137+01:00This case shows how ruthless and evil these crimin...This case shows how ruthless and evil these criminals are?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-38450860799637657742012-07-31T01:30:18.447+01:002012-07-31T01:30:18.447+01:00This sounds to me like a carve-up between the croo...This sounds to me like a carve-up between the crooked lawyers writing up the legislation and the Court?<br /><br />No lawyer In Scotland has any intention of allowing one single copper penny being kept from a Scottish lawyers wallet?r<br /><br />They hate McKenzie Friends for what they signify, that Scottish lawyers are crooked and that they will treat their Client like a 'Cash Tree'?<br /><br />Also because the Courts are vindictive towards any person using a McKenzie Friend instead of going to a Scottish lawyer.?<br /><br />It is about time NO Scottish lawyers were hired and a McKenzie Friend used instead, so that the Scottish Public can at least trust their representative?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-89736254582270276592012-07-27T12:53:48.947+01:002012-07-27T12:53:48.947+01:00The moral of the story is if you want to get to co...The moral of the story is if you want to get to court use a lawyer if not then dont bother the justice system with your problems (which stand a good chance of not being resolved by some creep judge anyway)Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-43765952054044290662012-07-27T10:25:26.235+01:002012-07-27T10:25:26.235+01:00Clearly this is about keeping party litigants out ...Clearly this is about keeping party litigants out of court and keeping McKenzie Friends out of reach of anyone who needs them.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-81549144233007620132012-07-27T07:44:07.795+01:002012-07-27T07:44:07.795+01:00To the post of 26 July 2012 19:43;
Its worth noti...To the post of 26 July 2012 19:43;<br /><br />Its worth noting kin this regard that the Court has a duty to ensure as far as possible an equality of arms between the parties - something it would conspicuously have failed to do if the other parties representatives were not subjected to the same terms and conditions.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-30523055535487005742012-07-27T01:19:23.287+01:002012-07-27T01:19:23.287+01:00Lawyers, a group who can do what they want because...Lawyers, a group who can do what they want because there has been no one to stop them. Things are changing. <br /><br />Numbers are building against them, cracks are appearing in their power structure. People cannot get lawyers to ruin crooked lawyers. So all lawyers will being ruined. <br /><br />Split up the bulk of your assets before you die. If you have a terminal illness share your cash out equally between your sons and daughters. If a lawyer handles it they will receive £0.00. If a lawyer takes it all they will not be punished. <br /><br />A profession who work clandestinely are a danger to all of you family. Share your assets among your sons and daughters. If you do not your lawyer and the Law Society will take the lot. <br /><br />And then your sons and daughters will never get to court for damages. A bulletproof system for theft, oh borrowing without consent the Scottish Solicitors Discipline Tribunal call it. <br /><br />Yes the legal profession and reaping what they have sowm, Share your assets among your sons and daughters. If you do not they will lose out, PERNAMENTLY.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-82081943060877292072012-07-27T00:52:55.825+01:002012-07-27T00:52:55.825+01:00Anonymous said...
This Lord President's Privat...Anonymous said...<br />This Lord President's Private Office sound like a bunch of arrogant schmucks!<br /><br />26 July 2012 22:49<br /><br />Yes just look at the last line saying "get stuffed we dont need to answer the question.." etc<br /><br />from the date it must have been written while Hamilton was still Lord President?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-8881437687318650392012-07-27T00:51:34.571+01:002012-07-27T00:51:34.571+01:00What a wonderful system lawyers have. A monopoly o...What a wonderful system lawyers have. A monopoly on legal services, and a monopoly on complaints handling. We then form the conclusion,<br /><br />Extortionate fees and corruption and when the complaint goes in, exoneration. Hardly a health system for anyone walking into a lawyers office. <br /><br />A profession that attracts this amount of attention is pernicious indeed.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-78958557942724769212012-07-27T00:37:10.618+01:002012-07-27T00:37:10.618+01:00Anonymous said...
Surely the obvious question...Anonymous said...<br /><br /> Surely the obvious question is why was Fergus Ewing presenting this idea when it should have been MacAskill the Justice Minister?<br /><br /> The whole Scottish Govt attitude on this sounds iffy and I see Don was MacAskill's assistant when you wrote about this last time around.<br /><br /> 26 July 2012 23:13<br /><br />Presumably MacAskill is against it as he is a lawyer first and foremost.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-78857318517708386052012-07-27T00:09:51.217+01:002012-07-27T00:09:51.217+01:00Not to mention the fact Scotland is the only count...Not to mention the fact Scotland is the only country unwilling to call McKenzie Friends McKenzie Friends!<br /><br />Weird or what!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-85371146361961086242012-07-26T23:13:22.866+01:002012-07-26T23:13:22.866+01:00Surely the obvious question is why was Fergus Ewin...Surely the obvious question is why was Fergus Ewing presenting this idea when it should have been MacAskill the Justice Minister?<br /><br />The whole Scottish Govt attitude on this sounds iffy and I see Don was MacAskill's assistant when you wrote about this last time around.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-49418684913478639312012-07-26T22:49:42.832+01:002012-07-26T22:49:42.832+01:00This Lord President's Private Office sound lik...This Lord President's Private Office sound like a bunch of arrogant schmucks!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-33098653883537938472012-07-26T22:34:33.318+01:002012-07-26T22:34:33.318+01:00Dont have much confidence in Holyrood or the Lord ...Dont have much confidence in Holyrood or the Lord President to get this right and remember the Justice Committee is about as useful as a 10 year dead corpse under you know who.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-24905157058639073512012-07-26T22:16:43.935+01:002012-07-26T22:16:43.935+01:00Oh yes terrible stuff the poor lawyers will lose t...Oh yes terrible stuff the poor lawyers will lose the chance to rip off their clients because McKenzie Friends can speak in court and perish the thought they could be paid a few pounds for their effort jesus christ what kind of country are we living in and oh I nearly forgot we have to pay for these courts and the fat cat judges pay as well!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-43733872615775843222012-07-26T22:02:12.749+01:002012-07-26T22:02:12.749+01:00McKenzie Friends do not usually address court in E...McKenzie Friends do not usually address court in England & Wales.As your English solicitor suggests this idea was probably put in to scupper the whole thing and hey presto here we are talking about it again as politicians and the courts argue about it forever..Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-89400362800751833922012-07-26T20:10:48.256+01:002012-07-26T20:10:48.256+01:00You certainly know your stuff about McKenzie Frien...You certainly know your stuff about McKenzie Friends,have been reading some of your earlier posts on the petition and the video clips - a very worthy campaign and damn fine reporting of it.Nice to know there's someone around helping people without the blood money motive of the lawyers.Keep up the good work as others are saying.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-35991872170157017012012-07-26T19:43:07.994+01:002012-07-26T19:43:07.994+01:0051. Chapter 12B prescribes that the party who wish...51. Chapter 12B prescribes that the party who wishes to have a lay representative make oral submissions must enrol a motion accompanied by Form 12B.2. This form must be completed by the party and by the prospective lay representative. It requires the prospective lay representative to make five different declarations relating to financial interests, confidentiality, convictions and whether or not the prospective lay representative has been declared a vexatious litigant. It is then within the discretion of the Court to decide whether the lay representative may appear. It may permit that appearance only if it is of the opinion that it would assist the Court. It appears that the Court, in exercising that discretion, will take into account the declarations made on Form 12B.2. <br /><br />If the same criteria were applied to solicitors & advocates in the courts not one member of the legal profession would be able to represent a client.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-12060727252481884322012-07-26T19:27:46.239+01:002012-07-26T19:27:46.239+01:00Cant your "new hope" Lord Gill just bang...Cant your "new hope" Lord Gill just bang a few heads together and get this one right?After all it was he who said we should have McKenzie Friends although personally I'm with your English lawyer and not so sure if we should have McKenzie Friends speaking in court.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-68008466244705964122012-07-26T18:54:07.047+01:002012-07-26T18:54:07.047+01:00Notice everyone got it wrong because it was design...Notice everyone got it wrong because it was designed to allow people to use someone other than a lawyer in court.<br /><br />Will they ever force lawyers to disclose their criminal records and financial interests for clients they are representing?Not a chance!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-89442645305393338452012-07-26T18:19:48.578+01:002012-07-26T18:19:48.578+01:00Your politicians seem to have latched onto the sol...Your politicians seem to have latched onto the sole aspect of the declaration of criminal convictions when there are about a hundred other things wrong with the conditions laid down for McKenzie Friends applicants.<br /><br />Are they in a race to blame each other while giving Scottish MFs more bad press (seems to be their intention all along)Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20722989.post-16361143635755676032012-07-26T18:10:28.936+01:002012-07-26T18:10:28.936+01:00So what gives unelected judges on 200K a year to u...So what gives unelected judges on 200K a year to usurp the power of the Scottish Parliament and its elected members?<br /><br />Outrageous conduct from the judges and these rule council quangos or whatever you want to call them and who regulates them? Oh yes themselves.Anonymousnoreply@blogger.com