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Hearing and speaking

Norrie, Kenneth (2010) Hearing and speaking. Journal of the Law Society of Scotland, 55 (1). pp. 16-17. ISSN 0458-8711

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Abstract

Discusses the Inner House decision in K v Authority Reporter, which found that the European Convention on Human Rights 1950 art.6 required a party to civil proceedings to be provided with state-funded legal representation when the party would otherwise not be able to participate effectively in the proceedings. Considers the court's guidance as to when it would be appropriate to make an appointment of a legal representative. Notes the factors which might affect a person's ability to effectively participate in a children's hearing as prescribed by the Children's Hearings (Legal Representation) Amendment Rules 2009, enacted to pre-empt the court's ruling.