*/
Judicial review – Legal aid – Human rights – Right to respect for private and family life. Court of Session: Granting a judicial review petition by a petitioner, who was a complainer in criminal proceedings, and whose application for legal aid to enable her to be represented at a hearing before the sheriff of the accused's petition for recovery of her medical records was refused by the Scottish Ministers, who argued that she had no right to be heard or represented before the sheriff on that application, the court held that a haver and any person whose rights under art 8 of the European Convention on Human Rights might be infringed by an order for recovery of medical records and other sensitive documents must have the application for recovery intimated to them and be given the opportunity to be heard in opposition to the application before an order was made or, at least, before the documents were handed over to the party seeking them: accordingly the court reduced the Scottish Ministers' decision, founded as it was on an error of law as to the complainer's right to be heard, leaving the ministers to make a new decision on a correct legal basis.
Judicial review – Legal aid – Human rights – Right to respect for private and family life. Court of Session: Granting a judicial review petition by a petitioner, who was a complainer in criminal proceedings, and whose application for legal aid to enable her to be represented at a hearing before the sheriff of the accused's petition for recovery of her medical records was refused by the Scottish Ministers, who argued that she had no right to be heard or represented before the sheriff on that application, the court held that a haver and any person whose rights under art 8 of the European Convention on Human Rights might be infringed by an order for recovery of medical records and other sensitive documents must have the application for recovery intimated to them and be given the opportunity to be heard in opposition to the application before an order was made or, at least, before the documents were handed over to the party seeking them: accordingly the court reduced the Scottish Ministers' decision, founded as it was on an error of law as to the complainer's right to be heard, leaving the ministers to make a new decision on a correct legal basis.
Chair of the Bar reports back
Marie Law, Director of Toxicology at AlphaBiolabs
A £500 donation from AlphaBiolabs has been made to the leading UK charity tackling international parental child abduction and the movement of children across international borders
Marie Law, Director of Toxicology at AlphaBiolabs, outlines the drug and alcohol testing options available for family law professionals, and how a new, free guide can help identify the most appropriate testing method for each specific case
By Louise Crush of Westgate Wealth Management
Marie Law, Director of Toxicology at AlphaBiolabs, examines the latest ONS data on drug misuse and its implications for toxicology testing in family law cases
The odds of success are as unforgiving as ever, but ambition clearly isn’t in short supply. David Wurtzel’s annual deep‑dive into the competition cohort shows who’s entering, who’s thriving and the trends that will define the next wave
Where to start and where to find help? Monisha Shah, Chair of the King’s Counsel Selection Panel, provides an overview of the silk selection process, debunking some myths along the way
Do chatbot providers owe a duty of care for negligent misstatements? Jasper Wong suggests that the principles applicable to humans should apply equally to machines
With gender earnings inequality at the Bar getting worse, not better, Judith Ayling KC discusses concrete solutions and collective action – including steps taken by the Personal Injuries Bar Association
There is no typical day in the life as a Supreme Court judicial assistant, says Josephine Gillingwater, and that’s what makes the role so enjoyably diverse
