12 months ago
At an Appeal Court Hearing in Edinburgh on the 10th October 2018 (LIV-B560-17), Appeal Sheriff McCulloch confirmed that there was a distinction between the living man and the fiction.
The Defendant, in this case, had stated that he would like someone else to represent him. Despite the fact that this request was not submitted in writing Sheriff McCulloch stated that he would allow someone else to represent him on the condition that they accepted the jurisdiction of the court, this was refused as the individual concerned stated that he stood under common law jurisdiction.
Sheriff McCulloch in accepting this stance had confirmed that the living man not only had the right to stand under common law jurisdiction but that the court had no jurisdiction over him.