The SLCC has been successful in defending an application for leave to appeal case in the Inner House of the Court of Session.
The complainer sought leave to appeal against the SLCC’s decision to uphold only part of the complaint, to make no award of compensation for actual loss, nor a reduction of fees. Leave to appeal was refused by the court on the basis that no ground of appeal with any realistic prospect of success had been made out.
The court noted that the application focused on the complainer’s dissatisfaction with the amount of compensation awarded, which does not fall within the permitted grounds of appeal. The court’s view was also that the application sought to open up before the Court the SLCC’s investigation and factual findings. The court commented that one of the grounds of appeal, “invites the court to reconsider certain aspects of the evidence and to substitute different conclusions for those reached by the respondent”, and noted that “the court has no jurisdiction to conduct a general review of the evidence”.
Gillian Martin, Case Investigation Manager commented on the case, “We welcome the court’s decision, and that it has reiterated the SLCC’s statutory duties in considering the evidence of a complaint, and making determinations based on its conclusions. We understand that parties may not agree with our decisions, but we take pride in ensuring they are reached fairly and independently, based on the evidence available.
“Our team is experienced in supporting vulnerable, distressed and angry parties, but we welcome the court’s recognition that in some cases action is appropriate to deal with a party who is abusive to our staff.”
The Court's judgement is here.