Thursday, March 12, 2009

Law Society’s Michael Clancy wants to help MacAskill slop out the slopping out claims

The recent publicity on how much has been spent by the Scottish Government on meeting slopping out claims put in by lawyers on behalf of their jailed clients, has prompted the Law Society to offer its hand in slopping out the payments to its own members …

Law Society release :

THE LAW SOCIETY OF SCOTLAND COMMENTS ON LEGISLATION MIS-MATCH IN SLOPPING OUT CASES

Michael Clancy, Director of Law Reform, said: “There is an issue about the application of the Human Rights Act 1998 and the application of the European Convention on Human Rights under the Scotland Act 1998 which produces a mis-match in the periods when such applications can be raised (one year in England and Wales and 8 years in Scotland).

“The Law Society of Scotland would be pleased to assist the UK Government and Scottish Government in resolving any issues which arise from these different statutory provisions. The Society takes very seriously its role in contributing to the clarity and consistency of the law in general.

“Under the Standards for Scottish Solicitors, a solicitor must act in his or her client’s best interest. In doing so, solicitors are bound to interpret and apply the law to their client’s circumstances but they are not responsible for the law which they apply. That is a matter for Government.”

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