HMA v Dickie, 2002 SLT 1083
Citation: HMA v Dickie, 2002 SLT 1083
Rule of thumb: If a lawyer pulls out of a case at the very last minute, are there consequences for this? Yes, this is a public disorder offence for a lawyer to do this and not find a suitable replacement.
Judgment:
The facts of this case were that a lawyer pulled out of running a case very close to the case, and failed to take sufficient steps to find a replacement, meaning that the trial had to be postponed - ‘grossly reckless resulting in a disregard for the Court and the administration... adjournment of cases to later sittings causes problems for witnesses whose memory may be affected by the passage of time. They may also result in an accused person being detained in custody for a longer period than would otherwise be necessary... Moreover adjournments cause disruption to the current and future sittings of the High Court, resulting in unnecessary delays to the determination of cases, additional inconveniences to the public, who are involved as jurors or witnesses and a waste of public expenditure and resources’, Lord Hardie (public disorder)
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.