Prisoners suing over slopping out could halt appeal

LAWYERS representing prisoners suing the Scottish Executive over slopping-out have obtained a court order which will leave ministers "jumping through hoops" to secure an appeal. The Scotsman has learned that lawyers have been granted an Extract Decree, which will lead to more red tape and court hearings that could drag on for two years, heaping further embarrassment on government ministers.

Ministers were ridiculed after officials forgot to lodge a crucial court appeal, paving the way for compensation claims worth an estimated 4 million.

Last night legal sources said ministers would have to clear yet another hurdle if they wanted to appeal.

"This decree will make the Executive jump through hoops. The appeal can’t go ahead until they lift the decree.

"They will have to grovel to the court ... and ask for it to be overturned. It adds to more administration, and this is all taxpayers’ money."

Earlier this year, a landmark judgment ruled that the practice of slopping out breaches a prisoner’s human rights. Robert Napier, a prison inmate, was awarded 2,450 in damages after taking the Executive to court for making him slop out during his time in Barlinnie Prison in Glasgow.

Cameron Fyfe, an expert in civil law, said that decrees were granted to wind up proceedings, leaving the Executive with a major problem.

"This decree says that the case is now over.

"To overturn the decree is a long and complicated action which could last for two years.

"You have the Executive’s legal expenses and Napier’s legal aid, which means the costs keep escalating."

Any appeal would be left to the discretion of the court, but there would be enormous pressure on judges to allow the Executive a second chance, given the wide-ranging implications of the judgment.

"It would take a very robust judge to say ‘tough, you are too late," said a legal source.

"As a result of the Executive’s incompetence, we see the court system slowed down to hear stupid arguments. It’s a complete and utter fiasco."

A spokesman for the Executive said officials had lodged an application for leave to appeal.

Just days ago it was revealed that the Executive’s legal department had missed the deadline to appeal against the ruling that Napier could claim compensation. The astonishing mistake means that thousands of convicted criminals forced to slop out could go to court and claim compensation.

Legal sources claimed yesterday that a teenage "runner" employed by the Executive to deliver court documents had forgotten to hand them over.

"It was a very, very junior member of staff," said an insider. "He was a runner. All the lad had to do was go from the Executive to the Court of Session and lodge it with the clerk. He just forgot."

Despite repeated pledges to end the procedure, more than 1,000 prisoners in Scotland still have to slop out their own waste in communal toilet blocks. The justice minister, Cathy Jamieson, insisted yesterday that the Executive would put an end to the practice.