Inverness Sheriff Court Cases Verdicts
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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. -
“Inspectors” Under the Animal Health and Welfare (Scotland) Bill Introductio
SUPPLEMENTARY SUBMISSION FROM THE SCOTTISH SPCA “Inspectors” under the Animal Health and Welfare (Scotland) Bill Introduction The Animal Health and Welfare (Scotland) Bill sets out to consolidate and modernise existing animal welfare legislation. In doing this, it clarifies and codifies a number of functions relating to enforcement. Section 46 of the Bill defines Inspectors as “those appointed or authorised by Scottish Ministers”; The Policy memorandum of the Bill states that: “The Scottish SPCA will continue to carry out inspections and it is intended that individual inspectors will be authorised by the Scottish Ministers for certain purposes, such as to take possession of animals which are suffering or are in danger of suffering”; The purpose of this briefing is to explain the functions of Scottish SPCA Inspectors under current legislation, and to examine why it is necessary for Society Inspectors to be authorised under Section 46 of the Animal Health and Welfare Bill. Key Points ¾ The Scottish SPCA currently acts a reporting agency to the Procurators Fiscal, reporting cases of cruelty and neglect arising from investigations into animals in distress; ¾ Unlike its counterpart in England and Wales, the Scottish SPCA cannot actually proceed with prosecutions in relation to animal cruelty and neglect as a private prosecutor; ¾ Instead, all cases and investigations are reported to the Crown Office and Procurator Fiscal Service for proceeding; ¾ The Animal Health and Welfare Bill clarifies and codifies powers relating to animals in distress; -
Bankruptcy and Diligence Etc. (Scotland) Act 2007 (Asp 3)
Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3) Bankruptcy and Diligence etc. (Scotland) Act 2007 2007 asp 3 CONTENTS Section PART 1 BANKRUPTCY Duration of bankruptcy 1 Discharge of debtor Bankruptcy restrictions orders and undertakings 2 Bankruptcy restrictions orders and undertakings Effect of bankruptcy restrictions orders and undertakings 3 Disqualification from being appointed as receiver 4 Disqualification for nomination, election and holding office as member of local authority 5 Orders relating to disqualification The trustee in the sequestration 6 Amalgamation of offices of interim trustee and permanent trustee 7 Repeal of trustee’s residence requirement 8 Duties of trustee 9 Grounds for resignation or removal of trustee 10 Termination of interim trustee’s functions 11 Statutory meeting and election of trustee 12 Replacement of trustee acting in more than one sequestration 13 Requirement to hold money in interest bearing account Debtor applications 14 Debtor applications 15 Debtor applications by low income, low asset debtors Jurisdiction 16 Sequestration proceedings to be competent only before sheriff ii Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3) Vesting of estate and dealings of debtor 17 Vesting of estate and dealings of debtor Income received by debtor after sequestration 18 Income received by debtor after sequestration Debtor’s home and other heritable property 19 Debtor’s home and other heritable property Protected trust deeds 20 Modification of provisions relating to protected trust deeds Modification -
162 INTERNATIONAL LAWYER Long Before the 1957 Law, Indigent
162 INTERNATIONAL LAWYER Long before the 1957 law, indigent litigants could obtain exemption from judicial fees payable for actions in courts. The presently effective statute, 53 which dates from 1936, is part of the Code of Civil Procedure; it regulates in detail the bases on which an indigent litigant can obtain a waiver of court costs. A person who seeks legal aid either gratuitously or at a reduced rate initiates his request by obtaining from the Municipality a form, which must be filled out personally by the applicant, setting forth the financial situation on which he bases his claim that he is unable to obtain needed assistance via his own resources. Information furnished on the form is checked by the Municipality, and the application is then submitted to the consultation bureau for processing and determination of the legal aid which will be furnished. Information furnished by the applicant is further subject to examination by the court which may seek confirmation of the financial condition alleged from the tax authorities. 2. CRIMINAL MATTERS Counsel has always been available to indigent defendants in criminal matters involving a felony. 154 Within the jurisdiction of each court of first instance, a court-appointed Council for Legal Assistance functions in crim- inal matters, consisting of at least three attorneys. The Council assigns attorneys to indigent defendants in criminal matters as provided in the Code of Criminal Procedure and further as the Council may deem fit. Each defendant in provisional custody must be assigned counsel by the president of the court before which the matter will be adjudicated. -
Florida Guardian Advocate Law and Information
FLORIDA GUARDIAN ADVOCATE LAW AND INFORMATION (Guardian Advocate of the Person Only) Eighteenth Judicial Circuit Seminole County, Florida Effective as of July 2017 FLORIDA GUARDIAN ADVOCATE LAW AND INFORMATION COMMITTEE MEMBERS Honorable John Harris Chief Judge, Eighteenth Judicial Circuit Titusville Courthouse 506 S. Palm Ave. Titusville, FL 32796-3501 Silvia McLain, JD Seminole County Bar Association Legal Aid Society, Inc. 101 West Palmetto Avenue Longwood, Florida 32750 Lori Loftis, JD Office of Criminal Conflict & Civil Regional Counsel 101 Sunnytown Road Casselberry, Florida 32707 Sarah M. Wood, JD, PhD Pro Bono Attorney Seminole County Bar Association Legal Aid Society, Inc. 101 West Palmetto Avenue Longwood, Florida 32750 Christian Triay Law Student Intern Nova Southeastern Law School JD Candidate 2019 This guide does not constitute legal advice and is intended merely to serve as a resource. Please consult with your attorney for legal advice. Please be aware that the law may change and you should consult with your attorney for assistance. Effective as of July 2017 Guide for the Process of Applying to be a Guardian Advocate for a Person with a Developmental Disability What is a Guardian Advocate? Parents no longer have the legal authority to make decisions for their children after they turn 18 years of age. Guardian Advocacy is a process for family members, caregivers, or friends of individuals with a developmental disability to obtain the legal authority to act on their behalf if the person lacks the decision-making ability to do some, but not all, of the decision-making tasks necessary to care for his or her person or property. -
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. -
Conference Report: a Thousand Small Sanities
Conference Report: A Thousand Small Sanities The Park Hotel, Kilmarnock Thursday, 15 November 2012 , Contents 1. Introduction 2. Aims of the Event 3. Programme 4. Evaluation 5. Next Steps 6. Useful Links and Contacts Introduction Inspired by a paper, “A Thousand Small Sanities – Crime Control Lessons from New York” produced by Greg Berman from the Centre for Justice Innovation, South West Scotland CJA decided to host an event to bring together partners to share and build upon the concept that a combination of many small, good ideas can significantly improve the lives of individuals, families and communities affected by crime. Delegates had been asked to read the paper prior to the event to familiarise themselves with the concept. http://173.231.132.82/sites/default/files/documents/AThousandSmallSanities_June11b_color.pdf The Director of the Centre for Justice Innovation, Phil Bowen, was invited to speak at the event to give his view on incremental innovation. The Centre for Justice Innovation seeks to promote criminal justice reform in the United Kingdom by helping to improve the implementation, evaluation and dissemination of demonstration projects. This London‐based Centre is a project of the Centre for Court Innovation, a New York‐based non‐profit organisation that has helped to create dozens of demonstration projects, including the award‐winning Red Hook Community Justice Centre. Delegates were also able to view the film, The Road from Crime1, which was produced by The Institute for Research and Innovation in Social Services (IRISS) as part of a project to share knowledge and improve understanding about why people desist from offending. -
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". -
Patronising Lawyers? Homophily and Same-Sex Litigation Teams Before the UK Supreme Court
Patronising Lawyers? Homophily and Same-Sex Litigation Teams before the UK Supreme Court Chris Hanretty School of Political, Social and International Studies, University of East Anglia Steven Vaughan Law School, University of Birmingham Abstract In this paper, we investigate patterns of team formation amongst barristers who appeared before the UK Supreme Court between October 2009 and August 2015. We show that there is evidence of considerable gender homophily in the formation of teams of barristers appearing before the UK Supreme Court. Same- sex teams of barristers are over-represented compared to the number we would expect if barristers paired up randomly. We also show that this gender homophily remains when we allow for the possibility that barristers pair up randomly within their chambers, or within their area of law. As such, the formation of teams of barristers in the Supreme Court is governed by practices and preferences which make same-sex legal teams more likely than they would be if team formation simply involved a gender-blind draw from a pool of lawyers. Barristers appearing before the Supreme Court prefer, for whatever reason, to work with other barristers of the same sex. We set out reasons why homophily in team formation is undesirable and discuss the routes through which different remedies might operate. Acknowledgements We are grateful for comments on an earlier draft from the two anonymous referees, Nicholas Allen (barrister, 29 Bedford Row), Fiona de Londras, John Flood, Jeremy Hopkins (former Practice Manager at 3 Verulam Buildings), Marc Mason and Erika Rackley. Chris gave a version of this paper at the University of Copenhagen in March 2016 at a Workshop entitled, ‘Trust, Social Capital and Networks: A different perspective on International Courts’. -
Judicial Council Scotland
Response questionnaire project group Timeliness Judicial Council of Scotland 1. The Court System and Available Statistics 1.1 The court system in Scotland comprises a hierarchy of courts. At the top of the hierarchy is the Supreme Court of the United Kingdom, which is located in London. It has an appellate jurisdiction from the Scottish courts in civil matters and, since the devolution arrangement which was introduced in 1999, in human rights issues in relation to criminal matters. Until devolution, there was no right of appeal in criminal matters to London. The senior courts in Scotland are the Court of Session (civil matters) and the High Court (criminal matters). Rather confusingly, as a result of practice before the Union of Scotland and England in 1707, they are known as the Supreme Courts of Scotland. Thus when we refer below to the Supreme Courts Programming Board, we are speaking of a Scottish rather than a UK body. The Court of Session and the High Court have both a first instance and an appellate jurisdiction. The High Court has exclusive jurisdiction to hear cases involving certain serious crimes and its judges have a sentencing power which is considerably greater than that conferred on sheriffs, who cannot impose a sentence of imprisonment which is more than for five years. At a local level there are sheriff courts, each of which has a defined geographical jurisdiction within Scotland. Sheriffs have jurisdiction in both civil and criminal matters. Almost all family cases are now heard in the sheriff court. Civil cases with a value of £5,000 or less must be heard in the sheriff court and cannot be raised in the Court of Session. -
The Advocate As Witness: Understanding Context, Culture and Client
Fordham Law Review Volume 70 Issue 3 Article 10 2001 The Advocate as Witness: Understanding Context, Culture and Client Judith A. McMorrow Follow this and additional works at: https://ir.lawnet.fordham.edu/flr Part of the Law Commons Recommended Citation Judith A. McMorrow, The Advocate as Witness: Understanding Context, Culture and Client, 70 Fordham L. Rev. 945 (2001). Available at: https://ir.lawnet.fordham.edu/flr/vol70/iss3/10 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Law Review by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. The Advocate as Witness: Understanding Context, Culture and Client Cover Page Footnote Associate Professor, Boston College law School. My thanks to Marianna Putnam (BC Law '03), Amy Leonard (BC Law '03), Solveig McShea (BC Law '02), and Michael McCormack (BC Law '00) for their excellent research assistance, Reginald Alleyne, Thomas Kohler, John Cochran, Diane Cochran and Rick Reilly for their insights into labor arbitration, and the many arbitrators and advocates that I cornered while preparing this article. This article was made possible by the generous contributors to the Dean's Fund of Boston College Law School, including Dr. Thomas Carney. Some of the research on federal court cases draws from our work preparing McMorrow & Coquillette, The Federal Law of Attorney Conduct, in Moore's Federal Practice (3d ed. 2001). This article is available in Fordham Law Review: https://ir.lawnet.fordham.edu/flr/vol70/iss3/10 THE ADVOCATE AS WITNESS: UNDERSTANDING CONTEXT, CULTURE AND CLIENT Judith A. -
The Judiciary in Scotland
The Judiciary in Scotland The Judicial Office for Scotland provides support to the Lord President in his role as Head of the Scottish judges and tribunal presidents. He is supported by the second most senior judge in Scotland - the Lord Justice Clerk. All judges in Scotland are independent. They make their decisions based on the law and the circumstances of each case. Scotland has a unique justice system which is different to the rest of the UK. Criminal cases There are two types of criminal procedure in Scotland: solemn procedure for more serious offences and summary procedure. When a trial is held against a person accused of a crime, a jury decides the verdict in solemn cases. The judge decides the verdict in summary cases. There are three verdicts in Scotland: Guilty Not Guilty Not Proven The not proven verdict is unique to Scotland. When the verdict in a case is not guilty or not proven, the accused person cannot usually be retried in court for the crime (except in highly exceptional circumstances, for example if new evidence were found that was not available at the trial of a serious crime). In all cases where an accused person is convicted of a crime, the judge decides what the appropriate sentence should be. Sentencing There are a number of sentencing options in Scotland including prison; community payback; or a fine. Community Payback Orders can involve unpaid work; a compensation payment to a victim; supervision; and mental health, drug or alcohol treatment. Judges base their sentencing decisions on what they have heard in court from the prosecution and the defence about the circumstances of the crime (including the impact on any victims) and the personal circumstances of the offender.