Parliament Workbench

Petition · PE01525 · Session 4

Access to justice

Closed Submitted 31 Mar 2014 Justice
Signatures
0
61 online signatures with a country
Comments
21
Considered
4 meetings
in the Official Report

What it asks

Calling on the Scottish Parliament to urge the Scottish Government to change the law to provide that legal aid is available to defend actions of defamation and challenge judgements in defamation cases.

What the petitioner did first

I have contacted everyone I am aware of who I thought may be of help including: Citizens Advice Bereau, Danny Alexander MP, Mary Scanlon MSP, Margaret Nielson Sheriff, Sheriff Principal at Inverness Sheriff Court, Various solicitors, Human Rights, Law Society, SLCC, Lord Gill, Kenny Macaskill Justice Secretary, Scottish Government, Legal Assistance Office, Legal Aid Board, Andrew Alexander Head of Access to Justice, Police and Procurator Fiscal. I believe I have exhausted all avenues and the only option left is to challenge the current law with a view to change.
I initially contacted the above regarding my own specific case and the overwhelming response I received was to seek legal advice. On informing them that I could not do this as I had no funding, I was referred and re referred time and time again to the Legal Assistance Office who informed me each time that I would not be eligible for legal aid as it was a defamation case. Over the years the issue which had started out as a personal one, escalated into a more general issue as it became apparent by the responses I received when asking questions about how others managed to access justice specifically regarding defamation cases. The overwhelming response was that unless a person could pay for legal advice and representation they would have to accept injustice as this is the reality of how the justice system currently operates.

Where it was considered

Official Report
  1. 5 Aug 2014
    1 mention
  2. 25 Nov 2014
    Public Petitions Committee
    Current Petitions
    2 mentions
  3. 27 Jan 2015
    Public Petitions Committee
    Current Petitions
    1 mention
  4. 31 Mar 2015
    Public Petitions Committee
    Continued Petitions
    1 mention

Signatures by country

61 online signatures
  1. Scotland52 85.2%
  2. United Kingdom6 9.8%
  3. England1 1.6%
  4. Jersey1 1.6%
  5. Northern Ireland1 1.6%

Comments

21 comments, oldest first
  1. kathleen 2 May 2014
    Good Luck Kate x
  2. Norman Maciver 3 May 2014
    Yes totally agree it's a pretty sad state of affairs. I was always under the impression that legal aid was just that......aid for people who could not afford to fight their corner without financial help. Yes time for a change in the law.
  3. Margaret Paterson 6 May 2014
    Thinking about, We believe you 100 per cent x
  4. Rosermary Webb 6 May 2014
    Hope you get justice
  5. Elsa Fraser 6 May 2014
    An honest lady fighting for truth for all well done.
  6. Farquhar Munro 7 May 2014
    Attention
    - is everyone, making these comments, aware of the background of this case. Consider how you would feel if a serious allegation was made against you and the suffering this would cause. This person raising this petition was proved guilty by a civil court of law to have made a malicious allegation and fails to accept the judgment made against her. I believe this petition was raised in an effort to lose sight of the outcome of this case. For full details and the truth of the story read the case on scotcourts web site
  7. david park 8 May 2014
    read the case transcript, i'm sorry but cannot sign this perition
  8. K Kennedy 8 May 2014
    I've just read the courts report on this case, it is worth reading, I'm glad I did as now being aware of the full facts had enabled be to make a more informed choice.
  9. Ross Fraser 8 May 2014
    People seem to be getting confused here...these petitions are not about individual cases, however most of them arise through individuals experience through their own circumstances. This petition asks the question are the same opportunities available for people to defend the outcome of defamation cases regardless of financial background, for defamation cases? The answer is no and is why this issue should be looked at. I for one was not aware of this issue but would like to think my basic human right to be able to appeal a court decision was possible. In the situation of defamation it is not the case.
  10. Neil Shepherd 8 May 2014
    I believe that defamation cases should be treated differently from criminal cases, and as a tax payer I would object strongly to funding an individual to challenge a court decision just because they don't like the outcome, when they have already had the opportunity to present their case at a fair and honest hearing.
  11. LR 9 May 2014
    Was asked to support a 'friend of a friend' by signing this petition. Glad I read the case first, just shows there are 2 sides to every story. Cannot sign this petition.
  12. Carolyn Dwyer 9 May 2014
    A member of my family had a similar experience at the hands of the justice system. After a long haul he finally proved that he had not lied,although it was not easy. Good luck to anyone in a similar situation. I am sickened by some of the comments but it proves how quickly people are judged without the full facts being known.
  13. Hannah Dearing 10 May 2014
    Justice should be freely available equally to all persons regardless of colour, class, creed or nationality irrespective of wealth.
  14. JP 10 May 2014
    From reading the court decision it looks like justice was served appropriately by a well respected judge. I'd be angry if I thought good honest peoples taxes were being used on cases such as this one.
  15. Heather Mackay 10 May 2014
    Colleague and friend of mine. I do hope you get some form of justice Kate, you deserve it. You are such a caring, honest person, and surely those qualities will win through in the end. Never give up. x
  16. Norman Maciver 11 May 2014
    It is well documented that injustices do occur and those people have long hard struggles, sometimes many years, before the truth finally comes out.This petition is not about an individual case but is aimed at changing the law so that nobody is denied access to justice. I believe this is a basic human right, and in a fair society anything other than this can only be described as a form of descrimination. Please support this petition....look at the big picture.
  17. James MacLeod 12 May 2014
    having read up on the petition raisers case
    - why should we, the tax payer, fund legal aid to defend a person, when in this case proves they were in the wrong. statistically there are very few defimation cases that go to court. as a tax payer there are many more serious and deserving cases that should benefit from funding
    - I do question the petition raisers motives. legal aid surely should be to defend or protect the innocent through the justice system.
  18. Hannah Dearing 13 May 2014
    Perhaps I have misunderstood what this petition is about when signing! I believed it was trying to secure justice and fairness for all persons regardless of financial ability to secure legal aid!
    As regards the petition raisers case, I truly believe one individual albeit it through personal experience & suffering is trying to bring about a change in the law to benefit her fellow man.
    Throughout history it is well known that change often occurs due to the perseverance & persistence of one individual who refuses to accept that which is unacceptable. Absolutely legal aid should be to defend & protect the innocent through the justice system!
    As we all know even in this Age of Enlightenment ---2014--- because of the human condition human error can occur!
    This petition I believe is not about one individual but about the bigger picture.
  19. Joyce Leys 21 May 2014
    It is definately worth reading the petitioners case report on scotscourts before deciding to sign or not.
  20. Norman Maciver 23 May 2014
    It is a fact of life that the justice system is not perfect. Like everything else involving human participation, it is at best flawed and at worst dangerous. I find it hard to understand how people can be so naive in believing everything they read without question. Perhaps a person would have to experience the justice system to appreciate just how flawed it can be. I wonder how many people would consider the petitioners efforts to change the law, a waste of tax payers money, if they themselves were walking in her shoes. The reason laws change is very often due to failings which are highlited through individual cases. If nobody was willing to stand by the courage of their convictions, nothing would ever change. I stand beside you all the way.
  21. ALAN MACDONALD 25 May 2014
    The people commenting negatively on the case report sadly do not realise the subsequent findings and statements that cause serious doubt over original verdict. The point of the petition is that ordinary people should not be denied justice by way of appeal or when new evidence arises casting doubt on original case hearing. Reading the original case report does not show future developments.