Law inequality
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