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   Web Issue 3499 July 6 2009   
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The Herald

Historic day in court for three women judges
DAVE FINLAYMay 30 2008

Three women judges began hearing a case yesterday as the first all-female bench to sit on an appeal in the Scottish supreme courts.

Scotland's first woman judge, Lady Cosgrove, became the first to loosen the male grip on the judiciary only 12 years ago, but yesterday three QCs who followed in her footsteps to become judges formed a unique trio of legal decision-makers for the hearing of a civil appeal in an Extra Division of the Court of Session in Edinburgh.

The most senior woman judge, Lady Paton, was flanked by Lady Smith and Lady Dorrian as proceedings in the appeal hearing began.

The former leader of the Scottish Bar, Roy Martin QC, said: "I hope My Ladies will not mind if I say what a privilege it is to open submissions in these historic circumstances."

Mr Martin, the former Dean of the Faculty of Advocates, was opening proceedings in the dispute between firms working in the building preservation sector. A decision by a single judge in the case, an alleged passing off action, is now under appeal.

Four women currently sit as supreme court judges in Scotland - formally known as Senators of the College of Justice - to hear cases in the High Court and Court of Session.

Lady Paton followed the pioneering Lady Cosgrove, who has now retired as a full-time judge, on to the bench in 2000 with Lady Smith and Lady Dorrian being appointed later.

The fourth woman judge, Lady Clark of Calton, is also hearing a case in the Court of Session. Two other female QCs, Sheriff Rita Rae and Morag Wise, also sit as temporary judges in the High Court and Court of Session respectively.

The current appeal hearing, which is expected to last two days, follows an earlier decision to grant a court order in favour of a company prohibiting others trading under certain names or using them on promotional material which was likely to cause confusion with a division of their business.

A hearing was later held in a bid to recall the interdict but was refused by Lord Matthews and a legal challenge before the three women judges was brought.


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