Scottish Human Rights Law Group

A claim for damages was raised in respect of a road traffic accident in 1986 which was timeously raised in the Court of Session 1996, but shortly thereafter then sisted for a period of six years until August 2003. In dismissing the action for want of prosecution, the Lord Ordinary held that it was inconceivable that the Court of Session should not have an inherent power to control its processes to prevent abuse.

Accordingly even in the absence of a specific Rule of Court, the judge held that if it could be shown that, without his or her own fault, a defender had been denied his or her right to a hearing within a reasonable time, albeit the cause was the pursuer’s conduct rather than that of the State, the court could not lawfully allow a hearing to take place in the future if the consequence of that delay was that there would not be a fair hearing and the court could grant decree of dismissal or absolvitor as best met the circumstances of the case.  

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