Parliament Workbench

Petition · PE01724 · Session 5

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

Closed Submitted 13 Jun 2019 Justice
Signatures
0
3 online signatures with a country
Comments
3
Considered
2 meetings
in the Official Report

What it asks

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.

What the petitioner did first

I have written to the Scottish Government, the Lord President of Scotland and the Sheriffs Principal.

Where it was considered

Official Report
  1. 5 Sep 2019
    Public Petitions Committee
    New Petitions
    1 mention
  2. 16 Jan 2020
    Public Petitions Committee
    Continued Petitions
    1 mention

Signatures by country

3 online signatures
  1. Scotland3 100%

Comments

3 comments, oldest first
  1. Frances Anne Nixon 21 Jun 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.
  2. Barry Gale 6 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.
  3. Kevin Rushford 9 Jul 2019
    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?