Clark Advertising Ltd v Scottish Enterprise Dunbartonshire

 

This concerned a challenge to the rule that a legal (non-natural person) should be represented, even in a (sheriff court) commercial action, by a legally qualified representative with rights of audience before the court, holding the rule to be both proportionate and legitimate and justified under Article 6 since considerations of accountability and answerability to the court of those appearing before it continued to apply, notwithstanding that the pursuer in the present case was a partnership which consisted only of two natural persons.

 

The case is available to read here

Art. 06 Right to a Fair Trial, Commercial and Corporate Law

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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.