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1 Legal Terms Used in Scottish Court Procedure, Neil Kelly Partner
Legal Terms Used in Scottish Court Procedure, Neil Kelly Partner, MacRoberts Many recent reported adjudication decisions have come from the Scottish Courts. Therefore, as part of the case notes update, we have included a brief explanation of some of the Scottish Court procedures. There are noted below certain legal terms used in Scottish Court Procedure with a brief explanation of them. This is done in an attempt to give some readers a better understanding of some of the terms used in the Scottish cases highlighted on this web-site. 1. Action: Legal proceedings before a Court in Scotland initiated by Initial Writ or Summons. 2. Adjustment (of Pleadings): The process by which a party changes its written pleadings during the period allowed by the Court for adjustment. 3. Amendment (of Pleadings): The process by which a party changes its written pleadings after the period for adjustment has expired. Amendment requires leave of the Court. 4. Appeal to Sheriff Principal: In certain circumstances an appeal may be taken from a decision of a Sheriff to the Sheriff Principal. In some cases leave of the Sheriff is required. 5. Appeal to Court of Session: In certain circumstances an appeal may be taken from a decision of a Sheriff directly to the Court of Session or from a decision of the Sheriff Principal to the Court of Session. Such an appeal may require leave of the Sheriff or Sheriff Principal who pronounced the decision. Such an appeal will be heard by the Inner House of the Court of Session. 6. Arrestment: The process of diligence under which a Pursuer (or Defender in a counterclaim) can obtain security for a claim by freezing moveable (personal) property of the debtor in the hands of third parties e.g. -
General Register House National Records of Scotland General Register House
GENERAL REGISTER HOUSE NATIONAL RECORDS OF SCOTLAND GENERAL REGISTER HOUSE ‘A PROPER REPOSITORY’ General Register House was begun in 1774 to the designs of Robert Adam (1728-1792), a Scot who was one of Britain’s greatest architects. It is not only one of his finest public buildings, but also the first purpose-built public record repository in the British Isles. In fact it may be the oldest archive building in the world that is still being used for its original function. A proper home for Scotland’s public records was first proposed in 1722, after the Treaty of Union of 1707 guaranteed that the national records would remain in Scotland. However, for much of the eighteenth century Scotland’s national archives were housed in unsuitable accommodation in Parliament House and other nearby buildings. Eventually, in 1765 a government grant of £12,000 was made available from the forfeited Jacobite estates for the building of ‘a proper repository’. The Register House Trustees only reached agreement on a site when the City gifted the necessary land at the north end of the new North Bridge in 1769. NATIONAL RECORDS OF SCOTLAND ADAM’S DESIGN Largely through the influence of Lord Frederick Campbell, the Lord Clerk Register, Robert Adam and his younger brother James, were appointed architects of Register House in 1772. The Adam brothers believed that you could judge a society by the quality and grandeur of its public buildings, and this commission provided an opportunity to put their beliefs into practice. While the building’s design went through several stages, the main elements of the principal façade and the centralised plan, consisting of a domed rotunda within a quadrangle, were present from the beginning. -
High Court Judgment Template
Neutral Citation Number: [2019] EWHC 2381 (QB) Case No: CO/3385/2019 IN THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION DIVISIONAL COURT Royal Courts of Justice Strand, London, WC2A 2LL Date: 11 September 2019 Before: THE RT HON THE LORD BURNETT OF MALDON LORD CHIEF JUSTICE OF ENGLAND AND WALES THE RT HON SIR TERENCE ETHERTON MASTER OF THE ROLLS THE RT HON DAME VICTORIA SHARP DBE PRESIDENT OF THE QUEEN’S BENCH DIVISION - - - - - - - - - - - - - - - - - - - - - Between: THE QUEEN on the application of GINA MILLER Claimant and THE PRIME MINISTER Defendant and THE RT HON THE BARONESS CHAKRABARTI First Intervener CBE and THE COUNSEL GENERAL FOR WALES Second Intervener and THE RT HON SIR JOHN MAJOR KG CH Third Intervener and THE LORD ADVOCATE Fourth Intervener - - - - - - - - - - - - - - - - - - - - - Lord Pannick QC, Tom Hickman QC and Warren Fitt (instructed by Mishcon de Reya LLP) for the Claimant Sir James Eadie QC, David Blundell, Christopher Knight and Richard Howell (instructed by Government Legal Department) for the Defendant Deok Joo Rhee QC (instructed by Howe & Co Solicitors) for the First Intervener Michael Fordham QC, Hollie Higgins and Celia Rooney (instructed by Legal Services Department, Welsh Government) for the Second Intervener Lord Garnier QC, Tom Cleaver and Anna Hoffmann (instructed by Herbert Smith Freehills LLP) for the Third Intervener The Rt Hon W James Wolffe QC (Lord Advocate), James Mure QC, Alan Maclean QC and Christine O'Neill (instructed by Baker & McKenzie LLP) for the Fourth Intervener Hearing date: 5 September 2019 - - - - - - - - - - - - - - - - - - - - - JUDGMENT Judgment Approved by the Court R(Miller) v PM The Lord Burnett of Maldon CJ, Sir Terence Etherton MR, Dame Victoria Sharp P: 1. -
SHERIFF APPEAL COURT [2018] SAC (Civ)
SHERIFF APPEAL COURT [2018] SAC (Civ) 7 ALO-A4-16 Sheriff Principal Abercrombie QC Appeal Sheriff Stewart QC Appeal Sheriff Holligan OPINION OF THE COURT delivered by APPEAL SHERIFF HOLLIGAN in the cause DEVON ANGLING ASSOCIATION, JOHN B ANDERSON, A L ARMSTRONG, D K MUDIE, respectively The President, Treasurer and Secretary thereof, as representing the association as individuals Pursuers and Appellants against SCOTTISH WATER Defender and Respondent Pursuer/Appellant: Upton, advocate; Fish Legal Defender/Respondent: Balfour, advocate; Berrymans Lace Mawer LLP 27 March 2018 [1] This appeal concerns a claim for reparation. The pursuers and appellants are an angling association. They are an unincorporated body whose objects are to sustain and protect fishing in the River Devon and its tributaries along a particular stretch of the water. The defenders and respondents are Scottish Water, a body incorporated in terms of the 2 Water Industry (Scotland) Act 2002. We will refer to the parties as “the Association” and “Scottish Water” respectively. [2] The circumstances giving rise to the present claim are set out in the closed record. For the purposes of this opinion the material facts are not greatly in dispute. It is a matter of agreement that the Association bears to be the tenant of three leases executed in 1982, 1988 and 2013 respectively (although we recognise there is a dispute as to whether the Association are lessees and the documents leases, for convenience we shall refer to them as “the leases”). There is little material difference in the terms and conditions of each of the leases. They are short documents. -
The Scottish Bar: the Evolution of the Faculty of Advocates in Its Historical Setting, 28 La
Louisiana Law Review Volume 28 | Number 2 February 1968 The cottS ish Bar: The volutE ion of the Faculty of Advocates in Its Historical Setting Nan Wilson Repository Citation Nan Wilson, The Scottish Bar: The Evolution of the Faculty of Advocates in Its Historical Setting, 28 La. L. Rev. (1968) Available at: https://digitalcommons.law.lsu.edu/lalrev/vol28/iss2/5 This Article is brought to you for free and open access by the Law Reviews and Journals at LSU Law Digital Commons. It has been accepted for inclusion in Louisiana Law Review by an authorized editor of LSU Law Digital Commons. For more information, please contact [email protected]. THE SCOTTISH BAR: THE EVOLUTION OF THE FACULTY OF ADVOCATES IN ITS HISTORICAL SOCIAL SETTING Nan Wilson* Although the expression "advocate" is used in early Scottish statutes such as the Act of 1424, c. 45, which provided for legal aid to the indigent, the Faculty of Advocates as such dates from 1532 when the Court of Session was constituted as a College of Justice. Before this time, though friends of litigants could appear as unpaid amateurs, there had, of course, been professional lawyers, lay and ecclesiastical, variously described as "fore- speakers," procurators and prolocutors. The functions of advo- cate and solicitor had not yet been differentiated, though the notary had been for historical reasons. The law teacher was then essentially an ecclesiastic. As early as 1455, a distinctive costume (a green tabard) for pleaders was prescribed by Act of Parliament.' Between 1496 and 1501, at least a dozen pleaders can be identified as in extensive practice before the highest courts, and procurators appeared regularly in the Sheriff Courts.2 The position of notary also flourished in Scotland as on the Continent, though from 1469 the King asserted the exclusive right to appoint candidates for that branch of legal practice. -
Edit Summer 2007
60282_Edit_Summer07 2/5/07 02:01 Page 1 The University of Edinburgh INCLUDING BILLET & GENERAL COUNCIL PAPERS SUMMER 07 Zhong Nanshan honoured Zhong Nanshan, who first identified SARS, received an honorary degree at a ceremony celebrating Edinburgh’s Chinese links ALSO INSIDE Edinburgh is to play host to the first British centre for human and avian flu research, while the Reid Concert Hall Museum will house a unique clarinet collection 60282_Edit_Summer07 2/5/07 02:01 Page 2 60282_Edit_Summer07 2/5/07 09:35 Page 3 Contents 16xx Foreword Welcome to the Summer 2007 edition of Edit, and many thanks to everyone who contacted us with such positive feedback about our new design. A recent ceremony in Beijing celebrated the University’s links with China and saw Professor 18 Zhong Nanshan receiving an honorary degree; Edit takes a closer look at our connections – historical and present-day – to that country (page 14). The discovery of H5N1 on a turkey farm in Norfolk earlier this year meant avian flu once 14 20 again became headline news. Robert Tomlinson reports on plans to establish a cutting-edge centre at the University to research the virus Features (page 16). The focus of our third feature is the Shackleton 14 Past, Present and Future Bequest, an amazing collection of clarinets Developing links between China and Edinburgh. recently bequeathed to the University that will be housed in the Reid Concert Hall Museum 16 From Headline to Laboratory (page 20). Edinburgh takes lead in Britain’s fight against avian flu. Anne Borthwick 20 Art meets Science Editor The remarkable musical legacy of the paleoclimatologist Editor who championed the clarinet. -
Guide to Professional Conduct
FACULTY OF ADVOCATEADVOCATESSSS GUIDE TO THE PROFESSIONAL CONDUCT OF ADVOCATEADVOCATESSSS Published by the Faculty of Advocates, Parliament House, Edinburgh First Published June 1988 Second Edition January 2005 Third Edition June 2006 Fourth Edition August 2007 Fifth Edition October 2008 CONTENTS Chapter Introduction Note 1. The Status, Rights and Obligations of an Advocate 2. The General Principles of Professional Conduct 3. Duties in Relation to the Faculty and other Advocates 4. Duties in Relation to the Instructing Agent 5. Duties in Relation to the Client 6. Duty to the Court and Duties Connected with Court and Similar Proceedings 7. Duty to Seek Advice 8. Instructions 9. Fees 10. Advertising, Publicity, Touting and Relations with the Media 11. Discipline 12. Dress 13. Duties of Devilmaster 14. Continuing Professional Development 15. Discrimination 16. Non Professional Activities of Practising Advocate 17. Advocates Holding a Public Office and Non-practising Advocates 18 . Work Outside Scotland 19. European Lawyers Appearing in Scotland 20. Registered European Lawyers 21. Precedence of Counsel of Other Bars 22. Proceeds of Crime Act 2 Appendices Appendix A The Declaration of Perugia Appendix B Code of Conduct for European Lawyers produced by the CCBE Appendix C Faculty of Advocates Continuous Professional Development Regulations Appendix D Direct Access Rules and associated documents Appendix E Guidance in relation to Proceeds of Crime and Money Laundering 3 INTRODUCTION The work of an Advocate is essentially the work of an individual practitioner whose conscience, guided by the advice of his seniors, is more likely to tell him how to behave than any book of rules. In places in this Guide, it has been found convenient to state "the rule" or "the general rule". -
Judicial Review Scope and Grounds
JUDICIAL REVIEW SCOPE AND GROUNDS By Scott Blair, Advocate THE TRIGONOMETRY OF JUDICIAL REVIEW In Scotland, unlike England and Wales, the judicial review jurisdiction is not limited to cases which have an element of public law. As explained by Lord President Hope in West v. Secretary of State for Scotland 1992 SC 385 at 413 the scope of judicial review is as follows: “ The following propositions are intended therefore to define the principles by reference to which the competency of all applications to the supervisory jurisdiction under Rule of Court 260B is to be determined: 1. The Court of Session has power, in the exercise of its supervisory jurisdiction, to regulate the process by which decisions are taken by any person or body to whom a jurisdiction, power or authority has been delegated or entrusted by statute, agreement or any other instrument. 2. The sole purpose for which the supervisory jurisdiction may be exercised is to ensure that the person or body does not exceed or abuse that jurisdiction, power or authority or fail to do what the jurisdiction, power or authority requires. 3. The competency of the application does not depend upon any distinction between public law and private law, nor is it confined to those cases which English law has accepted as amenable to judicial review, nor is it correct in regard to issues about competency to describe judicial review under Rule of Court 260B as a public law remedy. By way of explanation we would emphasise these important points: (a) Judicial review is available, not to provide machinery for an appeal, but to ensure that the decision-maker does not exceed or abuse his powers or fail to perform the duty which has been delegated or entrusted to him. -
Judicial Interpretation of the Scottish Juvenile Justice System: Fostering Or Frustrating the Welfare Model? Barbara A
Boston College International and Comparative Law Review Volume 8 | Issue 2 Article 4 8-1-1985 Judicial Interpretation of the Scottish Juvenile Justice System: Fostering or Frustrating the Welfare Model? Barbara A. Cardone Follow this and additional works at: http://lawdigitalcommons.bc.edu/iclr Part of the Juvenile Law Commons Recommended Citation Barbara A. Cardone, Judicial Interpretation of the Scottish Juvenile Justice System: Fostering or Frustrating the Welfare Model?, 8 B.C. Int'l & Comp. L. Rev. 377 (1985), http://lawdigitalcommons.bc.edu/iclr/vol8/iss2/4 This Notes is brought to you for free and open access by the Law Journals at Digital Commons @ Boston College Law School. It has been accepted for inclusion in Boston College International and Comparative Law Review by an authorized editor of Digital Commons @ Boston College Law School. For more information, please contact [email protected]. Judicial Interpretation of the Scottish Juvenile Justice System: Fostering or Frustrating the Welfare Model? I. INTRODUCTION In 1961 the Secretary of State for Scotland 1 appointed the Honorable Lord Kilbrandon2 to chair a committee3 to evaluate the powers and procedures of the Scottish courts4 treating juvenile delinquents" and juveniles in need of care or protection.6 At the time of the Committee's formation,juvenile crime in Scotland 1. The Secretary of State for Scotland, a government minister, maintains various administrative responsibilities for Scottish affairs. Among the Secretary's duties are the administration of health, education, housing, roads, and the courts. Traditionally, the Secretary of State is always a member of the House of Commons. F.M. -
Register of Lords' Interests
REGISTER OF LORDS’ INTERESTS _________________ The following Members of the House of Lords have registered relevant interests under the code of conduct: ABERDARE, LORD Category 8: Gifts, benefits and hospitality Attended with wife, Royal Opera House, Covent Garden, 25 July 2014, as guests of Welsh Government Category 10: Non-financial interests (a) Director, F.C.M. Limited (recording rights) Category 10: Non-financial interests (c) Trustee, Berlioz Society Trustee, St John Cymru-Wales Trustee, National Library of Wales Category 10: Non-financial interests (e) Trustee, West Wycombe Charitable Trust ADAMS OF CRAIGIELEA, BARONESS Nil No registrable interests ADDINGTON, LORD Category 1: Directorships Chairman, Microlink PC (UK) Ltd (computing and software) Category 10: Non-financial interests (d) Vice President, British Dyslexia Association Category 10: Non-financial interests (e) Vice President, UK Sports Association Vice President, Lakenham Hewitt Rugby Club ADEBOWALE, LORD Category 1: Directorships Director, Leadership in Mind Ltd (business activities; certain income from services provided personally by the Member is or will be paid to this company or to TomahawkPro Ltd; see category 4(a)) Non-executive Director, Three Sixty Action Ltd (holding company; community development, media and IT) (see category 4(a)) Non-executive Director, TomahawkPro Ltd (a subsidiary of Three Sixty Action Ltd; collaborative software & IT innovation; no income from this post is received at present; certain income from services provided personally by the Member -
The Proceedings in the Case of Earldom of Mar
THE PROCEEDINGS CASE OF THE EARLDOM OE MAR: 1867—1885. A RESUME BY E. B. SWINTON. " My thanes and kinsmen, Henceforth be Earls ; the first that ever Scotland In such an honor named." ,, LONDON: HARBISON AND SONS, 59, PALL MALL, BOOKSELLERS TO HEE MAJESTY AND H.E.H. TIIE PEINCE OF WALES. 1889. Price One Shilling. THE PROCEEDINGS IN THE CASE OF THE EARLDOM OF MAR. On the 17th July of this year* the Earl of G-alloway in the House of Lords moved a resolution regarding the Mar peerage. He desired, in effect, to have it resolved that the present Earl of Mar and Baron Garioch was the only Earl of Mar, and that an order of the House of Lords of February 26th, 1875, which declared the Earl of Kellie to be also an Earl of Mar, should be cancelled : —" What they were asked to do," according to one of the speakers, the Earl of Rosebery, was " to declare that there were not two Earls of Mar ; whereas three years ago they had solemnly declared that there were ; " and, according to the report of the debate in the " Times," the motion was lost by a majority of 27 in a House of 51. This is the last public resuscitation of a long-stand- ing and involved dispute ; and it is proposed to give some account of the most interesting inquiry of the kind which has taken place in this century—interesting for its in- trinsic historical merits and research, and for the perplexed proceedings following upon it—not for any details of questions of disputed legitimacy which often accompany such investigations. -
Who, Where and When: the History & Constitution of the University of Glasgow
Who, Where and When: The History & Constitution of the University of Glasgow Compiled by Michael Moss, Moira Rankin and Lesley Richmond © University of Glasgow, Michael Moss, Moira Rankin and Lesley Richmond, 2001 Published by University of Glasgow, G12 8QQ Typeset by Media Services, University of Glasgow Printed by 21 Colour, Queenslie Industrial Estate, Glasgow, G33 4DB CIP Data for this book is available from the British Library ISBN: 0 85261 734 8 All rights reserved. Contents Introduction 7 A Brief History 9 The University of Glasgow 9 Predecessor Institutions 12 Anderson’s College of Medicine 12 Glasgow Dental Hospital and School 13 Glasgow Veterinary College 13 Queen Margaret College 14 Royal Scottish Academy of Music and Drama 15 St Andrew’s College of Education 16 St Mungo’s College of Medicine 16 Trinity College 17 The Constitution 19 The Papal Bull 19 The Coat of Arms 22 Management 25 Chancellor 25 Rector 26 Principal and Vice-Chancellor 29 Vice-Principals 31 Dean of Faculties 32 University Court 34 Senatus Academicus 35 Management Group 37 General Council 38 Students’ Representative Council 40 Faculties 43 Arts 43 Biomedical and Life Sciences 44 Computing Science, Mathematics and Statistics 45 Divinity 45 Education 46 Engineering 47 Law and Financial Studies 48 Medicine 49 Physical Sciences 51 Science (1893-2000) 51 Social Sciences 52 Veterinary Medicine 53 History and Constitution Administration 55 Archive Services 55 Bedellus 57 Chaplaincies 58 Hunterian Museum and Art Gallery 60 Library 66 Registry 69 Affiliated Institutions