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Courts Administration

Volume 263: debated on Wednesday 19 July 1995

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To ask the Secretary of State for Scotland what plans there are to terminate the existing immunity of the Scottish courts administration from the consequences of negligence, following the case of Meekison v. Uniroyal Englebert Tyres Limited 1995, GWD 336. [35365]

The basis of the judgment of sheriff principal Gordon Nicholson QC in the appeal in this case was that courts in Scotland do not have a power at common law to make an award of expenses against someone who is not a party to a litigation, except in the cases of a dominus litis and a law agent. The Government have no plans to change the law in this respect.