illustrated by the decision in Marshall v McDougall 1991 SCCR 231.
In this case, the accused was the managing director of a company
involved in the installation and servicing of central heating
systems. He had several employees who would lose their jobs if the
business failed. His role involved extensive travel throughout
Scotland. It was accepted that the anti-social hours made it
impractical to employ a driver. In holding that exceptional
hardship was established, the High Court stressed the importance
of the documents and accounts presented to them, in particular a
very full report from a firm of chartered accountants. These
documents allowed the court to accept the claim that the accused
was the 'technical brains' of the company and the only person
qualified to undertake contracts and obtain new business.
submission. This is basically a 'summing-up' of all of the evidence
that has been led in the case. The solicitor will usually refer to a
number of cases in the submission and provide reasons why these
decisions are relevant to your case and invite the court to decide
the case in your favour.
but also during the preparation and presentation of your entire
case, is crucial to your chances of success at an exceptional
hardship proof. You should choose your solicitor wisely.