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PE01504: Party litigants - Civil Appeals to the Supreme Court


Petitioner: Kathie Mclean-Toremar


Date Lodged: 20 December 2013

Asking the Scottish Parliament to urge the Scottish Government to consider changing the current legislation regarding Civil Appeals from the Court of Session to the Supreme Court.In accordance with paragraph 1.8 appeals from the Court of Session to the Supreme Court,a party litigant does not have the same rights as a criminal,a murderer,a sex offender or another person making the same Appeal.


Petition History:


18 February 2014: The Committee took evidence from Kathie Mclean-Toremar, and Gordon Mclean. The Committee agreed to refer the petition, under Rule 15.6.2, to the Justice Committee as part of its scrutiny of the Courts Reform (Scotland) Bill. Link to Official Report 18 February 2014 (463KB pdf)

3 June 2014: The Justice Committee agreed to write again to the petitioner seeking clarification regarding the general public interest of her case and the precise reasoning she was given by solicitors for not representing her, and to keep the petition open. Link to Official Report 3 June 2014 (432KB pdf)

4 November 2014: The Justice Committee agreed to close the petition on the basis that it has been  considered in the context of the Courts Reform (Scotland) Bill, which has completed its parliamentary passage. Link to Official Report 4 November 2014

Why do party litigants have limited access to justice in the Scottish courts - No direct access to justice in the Supreme Court (paragraph 1.8 Appeals Court of Session)-and no access to justice in the Court of Human Rights.Breaching Article 6 Inequality of Arms (Human Right Act) No money- No Justice- No rights . Why treat party litigants differently. Why give access to Justice to convicted criminals,ie. murderers,child sex offenders,sex traffickers etc and not a party litigant.

Yes, a change in the law must be considered in the interests of justice and of fundamental human rights. Scotland has had a terrible reputation for too long over human rights abuses by the state.

Robert Green

17:17 on 17 Dec 2013

Please support this petition to give litigants the rights they deserve.

John Malcolmson

20:50 on 08 Dec 2013

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