Annual Report 2008
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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. -
Edinburgh, Lothian and the Borders Multi-Agency Public Protection Arrangements
MAPPA Edinburgh, Lothian and the Borders Multi-Agency Public Protection Arrangements Annual Report 2010 – 2011 City of Edinburgh East Lothian West Lothian Midlothian The Scottish Borders Contents 1/ Foreword 2/ MAPPA in Lothian and Borders 3/ Achievements 7/ Future goals 9/ Statistical information Edinburgh, Lothian and the Borders Multi-Agency Public Protection Arrangements Foreword The Management of Offenders etc (Scotland) Act 2005 introduced statutory functions for Responsible Authorities – Local Authorities, Scottish Prison Service, Police and Health Service – to establish joint arrangements for the assessment and management of the risk of harm posed by certain offenders. Our Multi Agency Public Protection Arrangements (MAPPA) Annual Report provides an opportunity to present evidence of the successful work undertaken by MAPPA in Edinburgh, Lothian and the Borders by the Responsible Authorities and partner agencies with a duty to co-operate. We know from experience that managing risk can be highly complex, with staff having to make difficult decisions on a daily basis. We also know that sharing information, building a clear picture of the risk an individual offender presents and directing resources in the best possible way lessens the likelihood of re offending. Our Annual Report shows that the most serious offenders managed through MAPPA have been supervised effectively thereby preventing them re-offending and causing further harm. In addition, compliance has been high, with those who have not fully complied with notification requirements or statutory conditions returned to court or prison minimising the risk of further serious offences. Complacency is the enemy of safety. Effective risk management requires ongoing monitoring, review and evaluation. -
Remember Those from Whom You Came Newsletter of the Clan Macalpine Society
Remember Those From Whom You Came Newsletter Of The Clan MacAlpine Society The Worldwide Organization For MacAlpines 1st Quarter 2020 ~ Volume 47 Commander’s News The Central Florida Games were well attended and well run as we have seen in the past. It is gratifying to see the amount of young people that are engaged and are learning about their heritage. Society President Dale McAlpine and I had the opportunity to attend the Burns Dinner in Woodville, Ontario, Canada. It was a lovely time, and very good to spend time with this group of very active Canadian Clan MacAlpine Society members. The Kilmartin Church is still being evaluated by the Dunadd Community, we will stay in touch and follow their progress. We have started a dialogue with the Lang Syne Publishing Group in Scotland that publishes the series of Clan Histories that are sold on Princess Street and at many Scottish venues. It is an exciting project that will, in time, put our booklets in the outlets. Yours Aye Michael T McAlpin Commander, Name of MacAlpin Commander: Michael T. McAlpin Society Officers: President: Earl Dale McAlpine Vice President: Mark McAlpin Treasurer: Janet McAlpine Secretary: Robin McAlpine Member at Large: Finn Stavsnbo Alpin Newsletter Editor: Janet McAlpine President’s News Dear Family, We started the new year out by hosting the Clan MacAlpin/e Society tent at Central Florida Highland Games, January 18th – 19th. During the Parade of Clans we received a warm welcome for our Clan and attending Commander Michael T. McAlpin. The next Annual General Meeting (AGM) will be held July 11th at the 65th Annual Grandfather Mountain Highland Games July 9-12, 2020 at MacRae Meadows near Linville, North Carolina—https://www.gmhg.org or see our Clan MacAlpin/e Society’s website. -
British Institute of International and Comparative Law
BRITISH INSTITUTE OF INTERNATIONAL AND COMPARATIVE LAW PROJECT REFERENCE: JLS/2006/FPC/21 – 30-CE-00914760055 THE EFFECT IN THE EUROPEAN COMMUNITY OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS: RECOGNITION, RES JUDICATA AND ABUSE OF PROCESS Project Advisory Board: The Rt Hon Sir Francis Jacobs KCMG QC (chair); Lord Mance; Mr David Anderson QC; Dr Peter Barnett; Mr Peter Beaton; Professor Adrian Briggs; Professor Burkhard Hess; Mr Adam Johnson; Mr Alex Layton QC; Professor Paul Oberhammer; Professor Rolf Stürner; Ms Mona Vaswani; Professor Rhonda Wasserman Project National Rapporteurs: Mr Peter Beaton (Scotland); Professor Alegría Borrás (Spain); Mr Andrew Dickinson (England and Wales); Mr Javier Areste Gonzalez (Spain – Assistant Rapporteur); Mr Christian Heinze (Germany); Professor Lars Heuman (Sweden); Mr Urs Hoffmann-Nowotny (Switzerland – Assistant Rapporteur); Professor Emmanuel Jeuland (France); Professor Paul Oberhammer (Switzerland); Mr Jonas Olsson (Sweden – Assistant Rapporteur); Mr Mikael Pauli (Sweden – Assistant Rapporteur); Dr Norel Rosner (Romania); Ms Justine Stefanelli (United States); Mr Jacob van de Velden (Netherlands) Project Director: Jacob van de Velden Project Research Fellow: Justine Stefanelli Project Consultant: Andrew Dickinson Project Research Assistants: Elina Konstantinidou and Daniel Vasbeck 1 QUESTIONNAIRE The Effect in the European Community of Judgments in Civil and Commercial Matters: Recognition, Res Judicata and Abuse of Process Instructions to National Rapporteurs Please use the following questions to describe the current position in the country for which you have been appointed as National Rapporteur. Please respond to the following questions as fully as possible, with appropriate reference to, and quotation of, supporting authority (e.g. case law and, where appropriate, the views of legal writers). -
O Ffending Behaviour
Offending Behaviour 6 LOTHIAN & BORDERS LOTHIAN Review of Area Plan Priority 2.4 Offending Behaviour Annual Report 2008-09 What difference are we making? A variety of approaches has been agreed by the CJA to deliver improved services that directly address offending behaviour. Young Offenders, women offenders, offenders in the community, sexual offenders and domestic violent offenders have all been subject to the attention of multi-agency groups with real and measurable outcomes. How are we making a difference? Young Offenders: The development of the ‘Opportunities for Change’ project (Chapter 1) Women Offenders: Lothian and Borders Community Justice Authority Women Offenders group was convened to address the objectives for services to women offenders set out in L&B CJA Action Plan 2008-2009. These objectives recognise that assessment and intervention specifically suited to work with women offenders is underdeveloped both in Lothian & Borders CJA and nationally. These are: 17 • Research and/or develop a gender specific risk assessment tool for women • Develop gender specific programmes • Introduce a consistent and effective service to women across the CJA • Identify the most effective risk assessment tools and interventions for women offenders • Develop a programme to specifically look at abusive relationships for men and women • Design and deliver training for Social Workers to ensure women offenders are managed appropriately and consistently A major milestone in this work was the publication of ‘Chaotic Lives’ commissioned by the CJA Women’s Group and researched by Dr Barry & Professor McIvor. This has led to a new work programme to develop services for women and the CJA has re-prioritised Section 27 allocation in order that this can be achieved. -
Notice of Meeting and Agenda
Midlothian Integration Joint Board Thursday 6 December 2018 MAPPA Annual Report 2017/18 Item number: 5.11 Executive summary This report relates to the attached Lothian and Borders MAPPA Annual Report for 2017-18. The Annual Report is overarching and covers the overall operation of MAPPA in the Lothian and Borders area. This cover report adds some local context about the operation of MAPPA in Midlothian. Board members are asked to note the content of the report. # Report Report title 1 Purpose 1.1 This is a cover report for the Lothian and Borders MAPPA Annual Report 2017/18. 2 Recommendations 2.1 Members are asked to note the contents of this report. 3 Background and main report 3.1 MAPPA was established in Scotland in 2007 to co-ordinate the response of a range of agencies in the management of registered sex offenders and restricted patients. In March 2016 MAPPA was extended to include violent offenders assessed as posing a risk of serious harm. A Joint Thematic Review took place in 2015 and was carried out jointly by the Care Inspectorate and HMICS. The Joint Thematic Review found that MAPPA is well established across Scotland and that robust arrangements are in place to manage registered sex offenders with good information sharing and partnership working. The MAPPA Annual Report for 2017/18 showed no significant changes from the previous year. 871 registered sex offenders were managed in Lothian and Borders over this period with 781 being managed at Level 1, 90 at level 2 and 0 at Level 3. In Lothian and Borders 10 individuals were managed under the MAPPA extension as a result of the risk of violent offending. -
West Lothian Criminal Justice Project
West Lothian Criminal Justice Project Lothian & Borders Criminal Justice Board. Title : Final Report Reference : Issue : 1 Date : March 2007 Author : West Lothian Criminal Justice Project Team Total Pages : 68 Distribution Pages i and ii The document is the intellectual property of the Lothian and Borders Criminal Justice Board. All rights reserved. For additional copies, please contact [email protected] Not Protectively Marked Distribution List External Scottish Executive Justice Department Head Head of Criminal Justice Group Secretary National Criminal Justice Board Programme Manager Summary Justice Reform HMIC HMCIC AHMIC Crown Office and Procurator Fiscal Service Chief Executive & Crown Agent Deputy Crown Agent Head of Business & Policy Development Scottish Court Service Chief Executive Director of Field Services ACPOS General Secretary Council Members Secretary, Criminal Justice Business Area Scottish Legal Aid Board Chief Executive Director of Legal Services and Applications Others COSLA Vanguard (Scotland) Ltd Chair Review of Summary Justice Chair Grampian Clean Stream Project Board i Not Protectively Marked Internal – Sheriffdom of Lothian and Borders Sheriff Principal Criminal Justice Board Members and Secretary West Lothian Sheriffs COPFS Area Procurator Fiscal Business Manager West Lothian District Procurator Fiscal Project Procurator Fiscal Sheriff Court Clerk Deputy Clerk Lothian and Borders Police Convener of the Police Board Clerk to the Police Board Force Executive Head of Criminal Justice Administration Head of Corporate Communications Commander West Lothian ‘F’ Division Chief Inspector Criminal Justice ‘F’Division West Lothian Council Chief Executive Head of Criminal Justice Social Work Clerk to the District Court Defence Agents Project Board (as Annex C) Project Team (as Annex C) ii Not Protectively Marked Foreword The West Lothian Criminal Justice Project was commissioned by the Lothian and Borders Criminal Justice Board in June 2004 to try to improve the summary justice system through a Systems Thinking methodology. -
Edinburgh, Lothians, Borders and Fife Forum (ELBF Forum) - Collaboration and Shared Services Between Councils November 2009
Edinburgh, Lothians, Borders and Fife Forum (ELBF Forum) - Collaboration and Shared Services between Councils November 2009 1 Purpose of report 1.1 To advise members of discussions which have been held by City of Edinburgh, East Lothian, Fife, Midlothian, Scottish Borders and West Lothian Councils on an approach to collaboration, joint working and potential sharing of services between the six Councils. 2 Context & Background 2.1 Following the Council elections in May 2007, the six Councils in south-east Scotland agreed to establish a Forum as a vehicle to discuss and review issues of common interest. The Forum consists of the Leaders and Chief Executives of the six Councils. Meetings of the forum take place on a quarterly basis. 2.2 A key issue currently under review by the Forum is the significant financial pressures facing Scottish local government. The draft budget of the Scottish Government has confirmed that the public sector in Scotland will need to identify a further £500m of efficiency savings in 2010-11. Current indications are that there will be significant real term reductions over the period of the 2011-14 finance settlement. In addition, demographic shifts, changing customer expectations and investment requirements are placing increasing burdens on Councils. 2.3 The emerging financial position requires all Councils to review their existing service delivery arrangements and consider all opportunities for service modernisation, including the scope to deliver efficiencies through greater collaboration. 2.4 Strong operational and strategic links already exist between the ELBF Councils and Appendix 1 gives an overview of the wide range of collaborative projects that are already in place. -
10-1 MINUTES of MEETING of the SHADOW MIDLOTHIAN POLICE
10-1 MINUTES of MEETING of the SHADOW MIDLOTHIAN POLICE AND FIRE & RESCUE BOARD held in the Council Chambers, Midlothian House, Buccleuch Street, Dalkeith Tuesday 4 December 2012 at 10.00 am. Present:- Midlothian Council: Councillors Thompson (Chair), Baxter, de Vink and Wallace; Lothian and Borders Police: Chief Inspector J Royan; Lothian and Borders Fire and Rescue: Mr D Lockhart, Local Senior Fire Officer; NHS Lothian: Mr D Small; Army: Colonel P Bates; Midlothian Voluntary Action: Mr G Wilson. Apology for Absence:- Mr R Strachan (Lothian and Borders Community Justice Authority). 1 Welcome The Chair welcomed all present to the inaugural meeting of the Shadow Board . 2 Order of Business The Shadow Board noted that agenda items Nos. 6 (Quarter 2 Police Performance Report) and 7 (Police Reform Update) would now be verbal reports. 3 Declarations of Interest There were no declarations of interest. 4 Governance and Membership There was submitted report dated 24 November 2012 by the Acting Director, Communities and Wellbeing, detailing the governance and terms of reference of the Shadow Police and Fire & Rescue Board and details of membership. The report highlighted that to date there had not been any nomination in respect of the place allocated to the Business/Education Sector. Decision/ 10-2 Decision (a) To recommend to the Council that the Terms of Reference be amended to simply allow five representatives from the Community Planning Partnership on the Board; and (b) To otherwise note the report. (Action: Head of Housing and Community Safety/ Legal and Secretariat Manager) 5 Midlothian Local Policing Plan 2012/13 There was submitted a draft of the local Policing Plan for Midlothian 2012- 2013. -
The West Coast Directory for 1883-84
Digitized by the Internet Archive in 2011 with funding from National Library of Scotland http://www.archive.org/details/westcoastdirecto18834dire i " m A PLATE GLAS INSURANCES AND EEPLACEMENTS PROMPT "ECTED at moderate rates CALEDONIAN PLAT 1SS IH'StJRAKOE CO (ESTABLISHED 1871 UNDE;*. OMPAN1ES' ACT, 1S62-1867.) Head fee—131 HOPE STR GLASGOW, and AGENTS, W. I IN.M'CULLQCH, Manager. FIRE & LIFE INS NOE COMPANY. I estab: 1714. Fira Funis, £720,093. Lif j Faai WW*. Total FuaIs,£l,80O,00!>. FIRE RISKS accept] r LOWEST RATES. LARGE BONUSES LIFE POLICIES. Scottish Office—W HOPE i T, GLASGOW, and Agents. W. M'GAVI-K ITLLOCH, Local Manager. AGENT LIFE AS 3 U RAN ASSOCIA r ION. Established 1839 I CAPITAL, ONE MILLION 120 PRINCES S~ ET EDINBURGH. TR BM. The Right Hon. The Earl of Gl- Lord Clerk-Register of Scotland. The Right Hun. Lord Moncreifi • Justice-Clerk of Scotland. Tne Honourable Lord Adam. Edward Kent Karslake, Esq., Q.C. The Honourable Mr Justice Field. William Smythe, Esq , of Methven. Sir Hardinge S' - Giffard. Q.C, M.P. Ma nage r— W I LL I ITH, LL.D., F.I.A. THE ASSOCIATION transacts all the .ascriptions of LIFE and ANNUITY Bnsi- ness, and also secures ENDOWMEi ayable during Life, as PROVISIONS FOR OLD AGE. NINE-TENTHS (90 percent.) of the PR are divided among the Assured every FIVE YEARS. Seven Divisions of Profits h; sady taken place, at each of which BONUS AUDITIONS, at Rates never lower than t iund Ten Shillings per Cent per Annum, were made to all Participating Policies ( I for the Whole Term of Life. -
Court Administration Systems
COMPARATIVE ANALYSIS of key characteristics of COURT ADMINISTRATION SYSTEMS Presented to the Canadian Judicial Council Administration of Justice Committee Administrative Efficiency in Trial and Appeal Courts Sub-Committee By Karim Benyekhlef Cléa Iavarone-Turcotte Nicolas Vermeys Université de Montréal Centre de recherche en droit public July 6th, 2011 © Canadian Judicial Council Catalogue Number JU14-24/2013E-PDF ISBN 978-1-100-21994-3 Available from: Canadian Judicial Council Ottawa, Ontario K1A 0W8 (613) 288-1566 (613) 288-1575 (facsimile) and at: www.cjc-ccm.gc.ca FOREWORD | iii Foreword In 2006, the Canadian Judicial Council published a report entitled Alternative Models of Court Administration. In exploring the trend towards governments granting greater administrative autonomy to the courts, the report offered seven different models present in a number of jurisdictions. In 2011 the Administration of Justice Committee of Council commissioned a research study which would present a comparison of key characteristics of court administrative systems against those models in common law countries including Australia, England and Wales, New Zealand, North Ireland, the Republic of Ireland and Scotland. Key to this comparative analysis was the collection of legislation, memoranda of understanding and other forms of written agreements between the Judiciary and the Executive. They outline which level of government is responsible for certain or all aspects of court administration. The report consists of two documents. Presented here is the first part, namely, a comparative analysis building on the seven models presented in the 2006 report and further analysing how each of the selected jurisdictions advances their work according to six specific characteristics of court administration. -
Paper 3.1 Scottish Government Response to the Taylor Review
Review of Expenses and Funding of Civil Litigation in Scotland: A Report by Sheriff Principal James A Taylor Scottish Government Response FOREWORD FROM CABINET SECRETARY FOR JUSTICE The Scottish Government is committed to ensuring access to justice and expenses have a fundamental role to play in this. It is not acceptable for the answer to “how much will it cost me to litigate” to be “how long is a piece of string”, from either an individual or a business perspective. Therefore, I welcome the outcome of this review of expenses and costs of civil litigation in Scotland. Sheriff Principal Taylor rightly comments that the unpredictability of the costs of civil litigation represents a barrier to access to justice and I commend his conclusions. Having considered Sheriff Principal Taylor’s recommendations, I am convinced that they will go a long way to changing that situation and delivering greater predictability and certainty in relation to the cost of litigation. I am grateful for his thorough consideration of the subject and his commitment to being informed by consultation, discussion and research. The principles which underpin the recommendations resonate with my vision for the justice system in Scotland; one that contributes positively to a flourishing Scotland, helping to create an inclusive and respectful society in which all people and communities live in safety and security, where individual and collective rights are supported, and where disputes are resolved fairly and swiftly. Sheriff Principal Taylor also sets out clearly the very different contexts which apply in Scotland, compared to the landscape in England and Wales, not least the very different approach to publicly funded legal assistance for civil justice in Scotland.