Council of the Law Society of Scotland v. Hall

 

The Inner House reduced decisions of the Solicitors’ Disciplinary Tribunal to throw out disciplinary proceedings brought against individual solicitors on the grounds that the adjudged unreasonable delay on the part of the Law Society in bringing the proceedings before the Discipline Tribunal constituted a breach of the individual’s Article 6 rights to a hearing within a reasonable time.  

The Court heard that the speedy trial provisions of Article 6 bite only once proceedings have been brought before the Tribunal and the Convention right has no application in relation to any period prior to the proceedings when investigations were still being carried out by the Law Society. 

 

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Art. 06 Right to a Fair Trial

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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.