Wasting Public Money
As the row over public spending rumbles on - I find myself agreeing with the comments of Scotland's top judge - who has effectively slammed his fellow lawyers for wasting public money.
Here's a summary of a story in today's Herald - which shines a light on Scotland's legal profession - along with the 'workings' of our courts and legal aid system.
Judge’s fury as lawyers pocket £1m in case fees
by Carolyn Churchill
"Scotland’s most senior judge has criticised lawyers for allowing a “straightforward” case to turn into “protracted” proceedings, with 52 days of evidence earning lawyers £1 million in fees.
Lord President Lord Hamilton, sitting with Lord Carloway and Lord Hardie, spoke out in an appeal judgment following a case at Stirling Sheriff Court involving a father’s wish for access to his 10-year-old son. Sheriff Wyllie Robertson had denied the request for contact and the father appealed to the Court of Session.
In their opinion upholding the sheriff’s decision, the judges said the boy’s mother had given evidence lasting 17 days, while her former partner had been questioned and cross-examined for seven days.
Lord Hamilton said the judges had been told the length of time was not uncommon in family law cases and he described it as a “highly unsatisfactory state of affairs”, adding that the proceedings, not including judicial costs, had cost about £1m – most of which would be paid for by the public purse through legal aid.
He said: “Cases of this kind are often difficult but their objective must be, in the interests of the child or children, an expeditious disposal. The primary responsibility for achieving such a disposal lies with the parties’ professional advisers, solicitors and counsel.”
Lord Hamilton said Sheriff Robertson had made “trenchant” criticisms of both parents. The father was said to be “often sanctimoniously dogmatic and insensitive” while the boy’s mother had lied about her academic qualifications and made misleading statements to the Child Support Agency."
Here's a summary of a story in today's Herald - which shines a light on Scotland's legal profession - along with the 'workings' of our courts and legal aid system.
Judge’s fury as lawyers pocket £1m in case fees
by Carolyn Churchill
"Scotland’s most senior judge has criticised lawyers for allowing a “straightforward” case to turn into “protracted” proceedings, with 52 days of evidence earning lawyers £1 million in fees.
Lord President Lord Hamilton, sitting with Lord Carloway and Lord Hardie, spoke out in an appeal judgment following a case at Stirling Sheriff Court involving a father’s wish for access to his 10-year-old son. Sheriff Wyllie Robertson had denied the request for contact and the father appealed to the Court of Session.
In their opinion upholding the sheriff’s decision, the judges said the boy’s mother had given evidence lasting 17 days, while her former partner had been questioned and cross-examined for seven days.
Lord Hamilton said the judges had been told the length of time was not uncommon in family law cases and he described it as a “highly unsatisfactory state of affairs”, adding that the proceedings, not including judicial costs, had cost about £1m – most of which would be paid for by the public purse through legal aid.
He said: “Cases of this kind are often difficult but their objective must be, in the interests of the child or children, an expeditious disposal. The primary responsibility for achieving such a disposal lies with the parties’ professional advisers, solicitors and counsel.”
Lord Hamilton said Sheriff Robertson had made “trenchant” criticisms of both parents. The father was said to be “often sanctimoniously dogmatic and insensitive” while the boy’s mother had lied about her academic qualifications and made misleading statements to the Child Support Agency."
