A High Court judge yesterday made a rare and blistering attack on a top solicitor for wasting court time.
Lord Osborne effectively "named and shamed" Spencer Kennedy of Balfour and Manson, one of Edinburgh's best-known law firms.
The solicitor cancelled a three-day hearing before a panel of three judges just two days before they were due to sit.
Lord Osborne, who was to chair the panel, was left with an empty courtroom and two judges with nothing to do because two days is far too short notice to arrange a different hearing.
Lord Osborne, in a formally published opinion, said: "We feel compelled to express our dismay at the waste of scarce public resources which has occurred in this case.
"In our view, those who are professionally involved in litigation in this court have an indisputable obligation to take reasonable care to avoid situations where court time will be wasted.
"Only by acceptance of the obligation to keep the Keeper of Rolls informed of relevant developments can the system of early disposal be operated effectively, without waste and in a way that is fair to litigants in general."
It can take months or even years to get a case through the Court of Session, where the case, an appeal, was due to be heard.
Litigants often complain of expensive delays, and the Scottish Courts Service is desperate to reduce wasted time.
A day in court can cost thousands of pounds. Judges alone are understood to earn around £170,000 a year and are in high demand.
It is extremely unusual for them to make public their displeasure with solicitors. Lord Osborne, who is one of the country's most distinguished judges, sat on the Lockerbie appeal panel.
He said he had been prompted to make public his view by the waste of "scarce resources".
Mr Kennedy is representing a dissolved firm of solicitors, Sutherland and Company, which is being sued by a client for negligence.
The action had been allowed to go ahead back in June 2005 by another High Court judge, Lord Dawson, who has since died.
Mr Kennedy sought to appeal Lord Dawson's decision and had initially asked for a single day of court time to do so.
That was granted for March 22 of this year but Mr Kennedy then asked for a three-day hearing, which was set for May 30.
It was that appeal hearing that Mr Kennedy pulled out of two days before it was due to be called.
Now the case, brought by client Marylin McDonald-Grant, will go to a full eight-day proof before the Court of Session.
Lord Dawson, a former solicitor-general, was no stranger to controversy. Several of his decisions as a judge were later overturned before he died this year after years of poor health.
Mr Kennedy, a solicitor advocate, was on holiday yesterday and unavailable for comment. His company, Balfour and Manson, would not comment either.
However, Mr Kennedy told the court that the waste of its time was "regretted".
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