Remember Those from Whom You Came Newsletter of the Clan Macalpine Society
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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. -
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). -
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. -
Civil Justice - Civil Courts and Tribunals (Republished)
SPICe Briefing Pàipear-ullachaidh SPICe Civil Justice - Civil Courts and Tribunals (republished) Abigail Bremner The civil justice system enables people to protect or enforce their legal rights. This briefing looks at the structure of civil courts and tribunals in Scotland. Note that this briefing is a re-edited version of the SPICe briefing Civil Justice - Civil Courts and Tribunals, published in December 2016. 11 May 2017 SB 17/30 Civil Justice - Civil Courts and Tribunals (republished), SB 17/30 Contents What this briefing is about ________________________________________________4 Useful definitions _______________________________________________________5 What is civil justice? _____________________________________________________6 The civil courts are being reformed _________________________________________6 How devolution affects the civil courts _______________________________________7 Who's who in Scotland's civil court system __________________________________8 The role of the Lord President _____________________________________________8 The role of the Lord Justice Clerk __________________________________________8 The role of the Scottish Civil Justice Council __________________________________8 The sheriff courts ______________________________________________________10 Who's who in the sheriff courts ___________________________________________10 Summary sheriffs are likely to increase in number ____________________________ 11 Reforms enable sheriffs and summary sheriffs to specialise_____________________ 11 The Sheriff Personal -
Spice Briefing the Scottish Civil Court System 20 August 2009 09/52 Sarah Harvie-Clark
The Scottish Parliament and Scottish Parliament Information Centre logos. SPICe Briefing The Scottish Civil Court System 20 August 2009 09/52 Sarah Harvie-Clark This Briefing provides an overview of the civil court system in Scotland. In particular it: • provides an introduction to the civil justice system in Scotland (of which the civil courts form an important part) • explains key terminology associated with the civil courts • outlines the structure of the civil court system • discusses recent policy developments associated with the civil court system, including the Judiciary and Courts (Scotland) Act 2008 (asp 6) and the ongoing review of the civil court system chaired by Lord Gill This briefing updates the earlier SPICe Subject Map of the same name (Harvie-Clark 2007). For an overview of the system of criminal courts in Scotland see the SPICe Subject Map entitled The Scottish Criminal Justice System: the Criminal Courts (McCallum et al 2007). CONTENTS EXECUTIVE SUMMARY..............................................................................................................................................3 AN INTRODUCTION TO THE CIVIL JUSTICE SYSTEM ...........................................................................................5 CIVIL LAW AND CIVIL JUSTICE........................................................................................................................................5 THE CIVIL COURTS AS PART OF A WIDER SYSTEM ...........................................................................................................5 -
Courts Reform (Scotland) Bill (SP Bill 46) As Introduced in the Scottish Parliament on 6 February 2014
This document relates to the Courts Reform (Scotland) Bill (SP Bill 46) as introduced in the Scottish Parliament on 6 February 2014 COURTS REFORM (SCOTLAND) BILL —————————— POLICY MEMORANDUM INTRODUCTION 1. This document relates to the Courts Reform (Scotland) Bill introduced in the Scottish Parliament on 6 February 2014. It has been prepared by the Scottish Government to satisfy Rule 9.3.3 of the Parliament‘s Standing Orders. The contents are entirely the responsibility of the Scottish Government and have not been endorsed by the Parliament. Explanatory Notes and other accompanying documents are published separately as SP Bill 46–EN. POLICY OBJECTIVES OF THE BILL 2. The policy objective of the Bill is to address the problems identified in the Scottish Civil Courts Review1 headed by Lord Gill, then Lord Justice Clerk, and now Lord President of the Court of Session. The Review concluded that the Scottish civil courts provide a service to the public that is ―slow, inefficient and expensive‖. It went on to say that ―minor modifications to the status quo are no longer an option. The court system has to be reformed both structurally and functionally‖. 3. The review made 206 recommendations for change. The Scottish Government has accepted the majority of these recommendations. Many of the recommendations of the Review will be implemented by court rules made by act of sederunt as they concern matters which either do not require primary legislation or are more appropriate for setting out in court rules as they concern the day to day routine workings of the courts. The Bill seeks to establish the framework for the civil courts in Scotland recommended by the Review, within which the detailed arrangements may be made by court rules. -
OPENING of the LEGAL YEAR 2020/21 Welcome This Is The
OPENING OF THE LEGAL YEAR 2020/21 Welcome This is the opening of the legal year, here, in court 1 of the Court of Session in Parliament House, Edinburgh. The ceremony is taking place in a much less densely populated court, for reasons of which we are all too aware. We do have representatives present from each of the constituent parts of the legal profession; the Faculty of Advocates, the Law Society, the Society of Solicitors in the Supreme Courts and the Writers to the Signet. This important event in our legal calendar is being live streamed for the first time. I welcome all those present including the Lord Lyon, Lord Advocate and Sheriff Principal Mhairi Stephen and those watching from elsewhere to our proceedings. On the bench, we do not have the usual hail of 15. We do have to my right, Lady Dorrian, the Lord Justice Clerk. On my left is Lord Menzies and the Reverend Calum Macleod, the Minister of St Giles. The Kirking of the Court will not be taking place in St Giles this year, but the Minister kindly accepted the court’s invitation to attend and preside over the closing part of the ceremony. Since becoming Lord President, I have used this occasion to review the year and to preview future important developments. This has, in the past, involved describing the steps being taken along the slow path of modernisation. This would still be an apt description of the first six months of the legal year. It truly has been a legal year of two halves. -
The Court of the Lord Lyon
CLAN MACRAE SOCIETY O F C A N A D A ONLINE THE COURT OF THE LOR D L Y O N The Court of the Lord Lyon All heraldry in Scotland is controlled by the Court of the Lord Lyon King of Arms, commonly known as the Lyon Court, and located at New Register House in Edinburgh. The origins of the Lyon Court are literally lost in the mists of time as the office of Lord Lyon incorporates that of the Royal Sennachie or Bard whose duty it was to proclaim the lineage and deeds of the ancestors of the King. From this Celtic start, the position has developed into a judicial one, with the Lord Lyon sitting as a judge on armorial matters. Older medieval heraldry in Scotland is extensive, but poorly documented, which is hardly surprising given the course of Scottish history. Certainly, it can be shown that heraldry existed by the last quarter of the twelfth century, but records of heraldry from the time before the War of Independence went south with King Edward and were like as not lost, whilst other early records appear to have been treated very much as the personal property of the heralds and have thus been lost. Better evidence exists from slightly later periods and this shows that the arms of most of the great families of Scotland, and some which were not so great, had certainly settled down by the fourteenth century, as can be seen from surviving armorial rolls which show Scottish heraldry. The earliest surviving such roll that the author knows of is the Balliol Roll which was the property of the late Sir Anthony Wagner and which is believed to be an English manuscript of the 1330s. -
'The Law and Practice of Heraldry in Scotland' by the Late George Seton
Digitized by the Internet Archive in 2011 with funding from University of Toronto http://www.archive.org/details/heraldryinscotla01stev -3/ -^"AV^^ vS-.. ^,\o -Toronto, 0^:^^;^ HERALDRY IN SCOTLAND . GLASGOW PRINTED AT THE UNIVERSITY PRESS BY ROBERT MACLEHOSE &' COMPANY LTD. FOR JAMES MACLEHOSE AND SONS, PUBLISHERS TO THE UNIVERSITY OF GLASGOW MACMILLAN AND CO. LTD. LONDON THE MACMILLAN CO. NEW YORK MACMILLAN CO. OF CANADA TORONTO SIMPKIN, HAMILTON AND CO. LONDON BOWES AND BOWES CAMBRIDGE DOUGLAS AND FOULIS EDINBURGH MCMXIV The edition of this work for sale is limited to five hundred and forty copies, of which numbers i to 210 are on hand-made paper and have an etched frontis- piece by Mr. D. T. Cameron, of the Royal Arms of Scotland carved on the Abbey Church of Melrose. This copy is number .. .I.9R kfA aWAJTOD8 -qo aM>IA JAYO>^[ HHT .Y .Cl /d gniHyji! sioiiaM lo HjioHJ vaddA arlj io ii^^Jiuri j^om-ja^w 3fij no L3vii;J Cl.JJ ,.A.H.A ..A.?..H.A .noisrnO THE ROYAL ARMS OF SCOTLAND Carved on the west-most buttress of the Abbey Church of Melrose. Etching by D. Y. Cameron, A.R.S.A., A.R.A., LL.I). :nt HERALDRY IN SCOTLAND INCLUDING A RECENSION OF 'THE LAW AND PRACTICE OF HERALDRY IN SCOTLAND ' BY THE LATE GEORGE SETON, ADVOCATE BY H. STEVENSON J. ADVOCATE UNICORN PURSUIVANT VOLUME I GLASGOW JAMES MACLEHOSE AND SONS PUBLISHERS TO THE UNIVERSITY I9I4 ''•^^^'3/ \^^ ^ ,' V* -' LIBRARY Toronto. C\^' MAY 1 4 1976 PREFACE. The Law and Practice of Heraldry in Scotland^ which issued from the facile pen of the late Mr. -
THE SOCIETY of HERALDIC ARTS Anthony Wood, PSHA David Krause, FCA, FSHA President Hon
THE SOCIETY OF HERALDIC ARTS Anthony Wood, PSHA David Krause, FCA, FSHA President Hon. Treasurer Quillion House, Over Stra on, South Petherton, Somerset 6 Corrance Road, Wyke, Bradford, TA13 5LQ UK Yorkshire BD12 9LH UK +44 (0)1460 241 115 +44 (0)1274 679 272, [email protected] John J Tunesi of Liongam, MSc, FSA Scot David R Wooten, FSHA Chairman and Hon. Secretary Webmaster 53 Hitchin Street, Baldock, Hertfordshire, SG7 6AQ UK 1818 North Taylor Street, Ste B, +44 (0)1462 892062 or +44 (0)7989 976394, Li le Rock, Arkansas 72207 USA [email protected] 001 501 200 0007, [email protected] Jane Tunesi of Liongam, MST (Cantab) William Beaver Hon. Membership Secretary Pro Tem Hon. Editor The Heraldic Craftsman 53 Hitchin Street, Baldock, Hertfordshire, SG7 6AQ UK 50 Church Way, Iffl ey, Oxford OX4 4EF UK +44 (0)1462 892062 or +44 (0)7989 976396, +44 (0)1865 778061 mailto:[email protected] [email protected] Table of Contents Badge of the Clerk to the Worshipful Company of Educators front cover Contents, Membership, Addresses and Chairman’s Message inside front cover Pugin’s Heraldic Revival, Dr JA Hilton, Assoc SHA 1 Society Ma ers 5 Le ers patent pro-forma 6 Obituary of Romilly Squires, SHA, Gordon Casely, Assoc SHA 7 Pugin’s Cross, Dr JA Hilton, Assoc SHA 9 Pugin, Cobwebs and Cadets, Hon Editor 10 Pugin at the Palace of Westminster, Baz Manning, FSHA 11 What are you doing today? G Casely and P& G Greenhill, SHA 14 That felicitous combination (Grant Macdonald), Charlo e Grosvenor, Assoc SHA 15 Enamel, Heraldry and Rugby League, Dr Peter Harrison, SHA 19 The arms of a most saintly and unfortunate lady, David Hopkinson, FSHA inside back cover Lady Margaret Pole, Countess of Salisbury, David Hopkinson, FSHA back cover Chairman’s Message I will be standing at the registration desk at RAF Club in London on 15 February looking forward to welcoming you to the lecture, luncheon and presentation of our Le ers Patent.