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Message started by McA on Jun 20th, 2008 at 10:04am

Title: Sheriffs
Post by McA on Jun 20th, 2008 at 10:04am
Sheriff's Court workload , do they know what cases come before them prior to hearing them ?


Title: Re: Sheriffs
Post by grumpy on Jun 29th, 2008 at 2:27pm
Generally no. They know what type of cases but not the specifics unless they have been invloved at an earlier stage. The practice varies from case to case and from court to court. However, even if they know the cases in advance this does not affect their impartiality.

Title: Re: Sheriffs
Post by McA on Jul 9th, 2008 at 10:21am
Thanks Grumpy,

The reason I was asking was we were called as witnesses for a Outdoor Access Code case and sat around for 2 hrs before being told come back at a later date as this case will require more time!! Surely if the Sheriff had known before hand what was involved proper time could of been set aside. Considering the complexities of the Land Reform (Scotland) Act 2003

Just seems to me to be a very inefficient way to run things and of course Lawyers are the only people making money out of it.

I'm sure if the Lawyers were only being paid when their case was being "heard" the system would become a bit more organised :).

Title: Re: Sheriffs
Post by zurich_allan on Jul 9th, 2008 at 10:59am
I can understand how many people might think the system is inefficient, delays like this happen all the time with cases. However although not ideal, the reality of the situation is that most courts and sheriffs have a fairly full to overflowing workload. If every case were to be examined beforehand by the sheriff then fewer cases would get through the system quickly resulting in an even bigger back-load. Less cases are affected in the way yours has been than would be with the alternative. It's an unfortunate reality but a necessary one for the very reason you feel it is at fault - efficiency. It's more efficient with the existing one than otherwise. I completely understand your frustration though, as I've been involved in cases that have been delayed sometimes up to three times in similar circumstances.

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