“By creating we think, by living we learn” Patrick Geddes
The Clinic organises regular training sessions. Recent events include Ethics and Standards, Debt, Small Claims, and Landlord and Tenant. Students also attend conferences and seminars to network and expand their expertise.
Cowan Ervine, Small Claims Expert provided training for students in January 2011
Click here to listen:
One Of the Clinic's activities is to provide assistance to party litigants. Grace Olsen, a member of the Student Clinic explains what a McKenzie friend is and does - McKenzie Friends
16/03/2012
The UK Government's plans to introduce fees for employment tribunals will deprive workers from access to justice, the Scottish Legal Action Group (SCOLAG) has warned.
The group said it was "extremely concerned" about the proposals contained in the Ministry of Justice consultation, which seek to reform the employment tribunals system to ensure that those who use it make a financial contribution, while also discouraging unnecessary claims and encouraging early settlement of claims.
However, SCOLAG believes the "current provisions do adequately deal with vexatious claims" and the introduction of fees will "significantly undermine" access to justice.
In its submission to the MoJ, SCOLAG said: "The group considers that the introduction of fees in the employment tribunal system will have significant implications relating to access to justice for all of those who need to use the ET system.
"The introduction of fees will place an unfair burden on those seeking to use the ET system and will significantly undermine accessibility to the system for those already in a vulnerable and difficult position. Further, the group is concerned that the proposals are one sided and actively designed to discourage claimants. The absence of any developed alternative and simpler procedures for easier cases means that the proposal will unfairly impact on cases of low value.
"The group does not consider that the one-sided obligation to pay fees is proportionate to the issues which the Government state justify the introduction of fees. If fees are to be charged the group sees no reason why fees should not also be charged to respondents who defend claims.
"The group believes that this would discourage respondents from defending claims which they know they ultimately accept, or are found liable for. The proposal also ignores the fact that many of the employers taken to such tribunals are medium or large employers who have their own HR departments and also instruct solicitors and counsel to represent them. This results in an existing inequality of arms which will be aggravated by the Government's proposals."
The consultation will put forward two options for consideration:
But SCOLAG argued that no claims should attract fees and that it is "unfair" that the claimant alone is "effectively penalised" simply because the claim is of a more complex nature and therefore more likely to use more of the resources of the ET system.
"In our view this has a disproportionate impact on those who are supposed to benefit from equality legislation, and will significantly undermine access to justice for those groups," the charity said.
It added that the two charging points proposed under option 1 "discriminates against those who are supposed to be protected under equalities legislation and will act as an incentive to respondents to prolong defending such claims in the hope that the claimant is worn down or gives up the claim".
In response to whether there an alternative fee charging system would be preferable, the group said: "Yes. Don't charge fees. Alternatively charge fees to respondents also. In addition allow claimants to recover aggravated damages in Scotland against respondents who unnecessarily delay in settling claims."
It added: "We see no reason why the respondent should not also bear their share of any fee charging system. Respondents are likely to have greater means than claimants."
Eamon Keane, Student Director of the Dundee Student Law Clinic, has published in the Law Society of Scotland's online journal in June 2011. Read his article at:
http://www.journalonline.co.uk/Magazine/56-6/1009847.aspx
Eamon Keane has been spreading the word about the Clinic in SCOLAG Journal. Read his article in the special free student edition.
5/7/2012
Eamon Keane, the Student Director of the Dundee Student Law Clinic, will be presenting a paper entitled “Innovative Leadership Arrangements and Legal Clinical Structure; Time to put the Cart before the Horse?” at the 10th International Clinical Legal Education Conference to be held at Northumbria University.
The paper will examine the effects of differing leadership models on law clinical service delivery. Drawing on the experience of those involved in establishing the student law clinic at Dundee, Eamon will argue that student centric leadership models are better placed to improve access to justice in local communities.
The conference brings together leading voices in clinical legal education from a variety of international jurisdictions such as Australia, China, South Africa and the United States of America.
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