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Chapter Three
EXAMPLES OF EXCEPTIONAL
HARDSHIP
It should always be borne in mind that the types of situations that
may constitute exceptional hardship are non-exhaustive. The case
law of the High Court of Justiciary detailed in the previous
chapter demonstrates, however, that several main grounds re-occur
with the most regularity.
The main grounds are:
· Hardship to immediate family
· Hardship to sick or elderly relatives
· Hardship to employer or employees
· Hardship to creditors
· Living in a remote location
This chapter shall examine these main grounds in a little more
detail. Although they are considered separately here, these grounds
are not mutually exclusive. Indeed, in the most persuasive cases,
the driver will be relying upon two or more of these grounds.