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An advocate has an overriding duty to the court not to mislead the court in any way and to ensure that the court is best equipped to do justice in the case.
However, we are at a threshold and need to study the issue, take best practice from other parts of the world—I was interested to hear about the Virginia example—and work out the best way forward in rural areas.
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In the Scottish Government’s view, “there are no practical or legislative bars to a formal consent requirement which would allow the flexibility to make GB or UK-wide instruments where that is agreed to be best, while recognising and respecting devolution.”