Arthur J S Hall v Simmons

January 27, 2009 | No Comments

The majority of the House favoured the complete abolition of a court advocate’s immunity from suit for negligence, a decision reached in part from considerations derived from the European Court of Human Right’s interpretation of Article 6 as mandating a general right of access to the courts.  The right of access to the court has, however, been expressly relied upon in Scotland in relation to the application of the rules requiring defenders to find “caution for expenses” in the Sheriff Court.

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Art. 06 Right to a Fair Trial, Civil Procedure

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Formed in May 2009, the Scottish Human Rights Law Group is a non-affiliated, independent, professional network for those engaged in legal practice and study, in academia and politics, in campaigning and in the provision of advice. It exists to raise awareness and knowledge of human rights law in Scotland, and to provide a forum for discussion of matters of interest across the field. The group organises seminars and roundtable discussions on human rights and is accredited for the purposes of CPD.