Scottish Human Rights Law Group

Andrew Whitaker
Scotsman, July 29, 2010 (Online edition)
CBI Scotland has warned that proposals made in a Scottish Government consultation, to extend Freedom of Information (FOI) laws and allow anyone the right to view information on bodies including councils, hospitals and prisons, would dissuade private sector firms from investing in public services. The proposals would mean that contractors building schools, hospitals and …

 
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 …

 
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 …

 
 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 …

 
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 …