The Scotsman

Law inequality

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I do not believe I am alone in experienci­ng at first hand serious shortcomin­gs within the Scottish legal system.

It now appears that however many favourable “opinions” are obtained from independen­t counsels to back up one’s claim for a strong case, the present systems is far too heavily weighted in favour of companies or individual­s with deep pockets.

In short, the current process for seeking redress in a Scottish court is unfair and has severe shortcomin­gs in providing justice for all.

Under English Law, short and reliable lead times are offered, thus reducing costs and fees involved for litigants, whereas under Scottish law the process allows no incentive for solicitors to bring matters to court speedily, leaving their clients with no realistic means of setting a budget.

To be blunt, the Scottish legal system as its stands rewards mediocre legal practition­ers with disproport­ionate high earnings.

It may well be that a judgment can be reached more quickly in a Scottish court of law but this is scant consolatio­n for the large number of litigants that do not get to have their cases heard in court.

It is quite common for the

defendant’s solicitors to be spending up to five years batting away pleadings and offering contrary statements on behalf of his client. As these statements can only be tested in court, the sheriff is obliged to accept them as they stand. The consequenc­e to these protracted hearings is that the litigant will inevitably run out of funds and settle for a derisory out of court settlement, if they are lucky!

Perhaps the Law Society of Scotland should start to reappraise its values and its processes in respect of equal opportunit­ies under the law. GEOFF TUNSTALL

River Street, Ayr

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