Scottish Human Rights Law Group

 
This was an action for recovery of possession of a house from a tenant and party litigant, who had been convicted of breaching an anti social behaviour order obtained by the council on grounds of his anti social behaviour and sentenced to a period of imprisonment after a trial before a sheriff.  

 
Structural bias and the Auditor of the Court of Session
 
It was claimed that there was a breach of Article 6 impartiality from the fact that the fees for the Auditor of the Court of Session, who has the task of fixing the precise amount of fees which the winning party in a civil action in the Court of Session who …

 
The Privy Council distinguishing Starrs v Ruxton  and affirming the decision of the High Court of Justiciary held that unlike temporary sheriffs temporary judges appointed to the Court of Session and the High Court of Justiciary had the requisite independence from the Executive to be Article 6(1) compliant.  

 
Structural impartiality of temporary judges in the High Court of Justiciary/Court of Session

Following the decision of the High Court in Starrs v. Ruxton (see above) a challenge was then raised as to the compatibility with the Article 6(1) ECHR of Temporary Judges appointed by the Scottish First Minster to the Court of Session deciding civil cases between wholly private parties. …

Action for damages for injuries sustained in a road accident .  The pursuer also sought a declarator that the conduct of private investigators who had come to his house and spoken to his wife, under the pretence of being a former army colleague of the pursuer was unlawful, as contrary to Article 8, in that it was designed to obtain …