Edinburgh Exceptional Hardship Proof Success

Our client transferred from another solicitor in advance of his exceptional hardship proof on the basis he had concerns about his previous choice of representation. The case was heard in Edinburgh Justice of the Peace Court on 12 December 2019. This was another totting-up scenario where the accused sought to argue exceptional hardship as a basis for persuading the court to refrain from imposing a six month disqualification. This particular case involved the accused losing his job in the event of a totting-up ban and the house of cards that would come crashing down thereafter. Whilst job loss in itself will not be enough to satisfy the court, the associated effects of the disqualification can be considered as exceptional. Having heard evidence on the matter, the court was persuaded exceptional hardship would be suffered and refrained from imposing a period of disqualification in all of the circumstances.