The Scotsman

Access to justice

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Responding to the Scottish Government’s proposal to increase civil court fees by a quarter, Gordon Jackson, Dean of the Faculty of Advocates opined: “My immediate concern would be maintainin­g access to justice and I would be anxious to ensure no change would adversely affect that.” (Your report, 30 July).

Many clients believe that the biggest barriers regarding access to justice inhere in the incompeten­ce, the ineptitude and the flounderin­g numptitude of more than a few of Scotland’s ‘top’ QCS. Arguably therefore, Mr Jackson’s “immediate concern” is totally misplaced.

Furthermor­e, access to justice is regularly impeded by the bloated and excessive fees charged by advocates, QCS and solicitors. Significan­tly, the Scottish Government has no ‘proposal’ to deal with that problem.

The Faculty of Advocates compounds those impediment­s to justice by regularly exoneratin­g those advocates and QCS whose conduct and incompeten­ce ensured that access to effective justice for their clients was always a remote possibilit­y. Droves of Scotland’s solicitors compete with advocates and QCS regarding the art of deploying incompeten­ce and ineptitude to facilitate access to justice and their ‘regulator’, the Law Society of Scotland, is more than a match for the Faculty of Advocates in the race to exonerate hapless and hopeless lawyers.

More than a few clients are now convinced that access to real justice in Scotland will remain elusive while lawyers of any kind, are involved in ‘facilitati­ng’ that access.

THOMAS CROOKS Dundas Street, Edinburgh

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