Fatal Accident Litigation Before the Scottish Courts: Rights of Audience and Cross-Border Succession

We represented the family of a deceased accident victim in proceedings arising from a fatal road traffic accident before the Scottish courts. The matter involved claims against the driver responsible for the accident and the relevant insurer, and it required the coordination of legal issues affecting a Hungarian family pursuing claims in Scotland.

A significant aspect of the case concerned the right of audience of a lawyer qualified in another European jurisdiction. The proceedings gave rise to a debate regarding the inherent authority of a Sheriff to permit representation before the court by a foreign-qualified lawyer. We succeeded on the motion, and the court allowed the representation to continue.

The matter was further complicated by difficult questions of private international law and succession. A central issue was whether entitlement to the claims should be determined under Hungarian or Scottish law and whether the relevant rights vested directly in the surviving family members or formed part of the deceased’s estate. The case required detailed analysis of the interaction between Scottish fatal accident legislation and Hungarian succession law.

In parallel with the civil proceedings, one of our lawyers personally attended the related criminal trial before the Sheriff Court. Our role included preparing and coordinating witness evidence and arranging the presentation of witness statements in the criminal proceedings.