such as independent contractors, was considered in McLaughlin v
Docherty 1991 SCCR 227. In this case, the accused was a self-
employed consulting engineer. His business involved extensive
travel throughout Scotland and it was accepted in evidence that he
could not afford to employ a driver. Three self-employed sub-
contractors relied upon the accused's ability to secure contracts to
provide them with work and one of theses contractors was married
with children. In these circumstances, the High Court accepted
that the contractors' livelihoods were at risk and exceptional
hardship was established.
employee, where the disqualification of a doctor would cause
hardship to his patients, exceptional hardship may be made out.
Similarly, where the accused worked for a charity, and the charity
would be adversely affected by her disqualification, exceptional
hardship was established (Gardiner v Procurator Fiscal Perth
XJ834/09). Finally, where the accused was a carer and his
disqualification would cause hardship to his male clients (who
preferred a male career, the accused being the only male carer
employed by the Trust), a finding of exceptional hardship was
made (McIvor, supra).