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Rights of Audience review
28/09/2009
Senior Scottish investment banker Ben Thomson is to carry out a short independent review of the workings of the system of rights of audience in the supreme courts.
The review follows concerns expressed by the Lord Justice Clerk Lord Gill in an Appeal Court ruling, and a call for a review by the Law Society of Scotland .
The review is expected to report by March 2010.
Announcing the review, Justice Secretary Kenny MacAskill said:
"I am determined to see a justice system in Scotland that is fit for the 21st century. The Lord Justice Clerk and his fellow judges in the Woodside case raised significant concerns about the regulation of solicitor advocates. That, and the debate which has followed, have persuaded me that it is time for an independent review of the system of rights of audience which has been in place since 1990.
"I am delighted that Ben Thomson has agreed to carry out this review. Mr Thomson is a person of stature who will look at this with an independent mind.
"As the remit makes clear, the paramount issue underlining the review must be the proper administration of justice."
Ben Thomson said:
"There seem to be some general views in the legal sector that the different systems of training, qualification and regulation for solicitor advocates and advocates in representing cases to the courts may not deliver the best service for customers nor provide a level playing field. The aim of this review is to find out whether there is real substance to these views and, if so, to recommend ways in which the system might be improved."
Ben Thomson is the Chairman of Edinburgh-based investment bank Noble Group which he joined in 1990, being Chief Executive from 1997 to 2007. He is also Chairman of the Board of Trustees of the National Galleries of Scotland, children's publisher Barrington Stoke and Reform Scotland, the non party aligned Scottish think tank.
Mr Thomson has been a member of the Financial Services Advisory Board (FiSAB) since 2005. He is also a non executive director of the Edinburgh International Science Festival. He is a former Scottish international athlete and graduate in physics from Edinburgh University.
The remit of the review is:
"In the light of the decision of the Appeal Court in the case of Woodside v HMA, to
- review the operation of rights of audience in the Court of Session and High Court of Justiciary, having particular regard to
- the desirability of common principles applying in relation to the exercising of rights of audience by all practitioners appearing before the Court of Session and the High Court of Justiciary, and fair competition between solicitors advocates and advocates
- the paramount importance of the proper administration of justice
- recommend any improvements which might be made to the regulation of such rights of audience, and
- make any related observations or findings."
Both advocates and solicitor advocates have rights of audience in the Court of Session and High Court. Advocates are regulated by the Faculty of Advocates, and solicitor advocates by the Law Society. In the case of Woodside v HMA (February 18, 2009), the High Court criticised the behaviour of solicitors representing a person facing a murder charge, and Lord Gill said that "This appeal has highlighted problems of rights of audience that seem not to be unique to this case. I think it would be opportune if there were to be a review of the working of the system overall." The review will look at the overall system, covering both advocates and solicitor advocates.
Ben Thomson will be supported in his work on the Review by Sarah Booth. Sarah is a Scottish qualified Solicitor who has had a career in industry as general counsel in a number of international commercial organisations, including Christian Salvesen and more recently Sodexo.