Scottish Human Rights Law Group

 
Director representing a company in legal proceedings – Right to a fair trial
 
The Secretary of State brought a petition in the Court of Session to wind up UK Bankruptcy Limited (“UKBL”) under section 142A of the Insolvency Act 1986 on the ground of expediency in the public interest. A director of UKBL sought to represent it in opposing the petition …

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

 
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 …

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

 
 The Inner House held that in the light of the overriding obligation imposed on the court by Article 6 the courts in Scotland had the inherent power, without express Parliamentary authority, to put an end to a pending action, albeit competently raised within the prescriptive period, on grounds comparable to those on which the English courts were prepared to strike …

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

 
Subcontractors appealed against the decision of a sheriff granting absolvitor in their action for declarator and payment against the main contract, in which the sub-contractor sought damages in respect of the alleged breach of contract on the part of the main contractor. The action had been sisted for arbitration in terms of the contract in August 1995 but no arbitration …

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

TEST

Agricultural & Fisheries Law, Art. 02 Right to Life, Art. 03 Prohibition of Torture, Art. 04 Freedom from Slavery, Art. 05 Right to Liberty and Security, Art. 06 Right to a Fair Trial, Art. 07 No Punishment without Law, Art. 08 Right to Private and Family Life, Art. 09 Freedom of Thought, Conscience and Religion, Art. 10 Freedom of Expression, Art. 11 Freedom of Assembly and Association, Art. 12 Right to Marry and Found a Family, Art. 13 Effective Remedy, Art. 14 Prohibition of Discrimination, Art. 17 Abuse of Rights, Art. 34 Victim Status, Art. 41 Just Satisfaction, Asylum & Immigration Law, Child & Family Law, Civil Procedure, Commercial and Corporate Law, Competition Law, Consumer Law, Criminal Law and Criminal Procedure, Data Protection and Freedom of Information, Discrimination Law, EU Law, Ecclesiastical Law and Freedom of Religion, Education Law, Employment and Industrial Relations Law, Environmental and Planning Law, Events, Health and Safety Law, Housing and Homelessness Law, Inheritance and Trusts Law, Insolvency and Personal Bankruptcy, Insurance Law, Intellectual Property Law, International Law, Licensing Law, Media Law, Medical Law, Mental Health, Misc., News, Pensions Law, Police Law, Prisons Law, Property Law, Protocol 1, Art. 1 Right to Private Property, Protocol 1, Art. 2 Right to Education, Protocol 1, Art. 3 Right to Free and Fair Elections, Public Procurement, Regulatory and Disciplinary Law, Social Security Law, Sports Law, Taxation