G v Scanlon, 1999 SC 26
Citation: G v Scanlon, 1999 SC 26
Rule of thumb: What do you do in Court if you have not had a chance to prepare for an unavoidable reason, and the Judges refuses an adjournment? You should inform the Judge clearly of this and ask for direction on the law.
Judgment:
The Court in this case held that legal representatives should always at least know the basic law subjects that apply to the case, as well as the basics of the evidence, in case the Judge ever does not grant a motion and they have to press ahead to trial with a lack of preparation. They can debate the finer points of the law in appeal proceedings potentially, ‘... a legal representative who has sought and failed to obtain an adjournment to a future date, even if he is (perhaps through being new to the case or for some other understandable reason) wholly unprepared, will normally owe it to his client and not to the Court not to return his instructions, but to continue to do his best for his client, and to bring to the procedure adopted by the sheriff the advantages, which exist and are emphasised by the granting of legal aid, of legal representation’, The Court
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.