The Pont Family: a Detailed Report by Diane Baptie
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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. -
1. Canongate 1.1. Background Canongate's Close Proximity to The
Edinburgh Graveyards Project: Documentary Survey For Canongate Kirkyard --------------------------------------------------------------------------------------------------------------------- 1. Canongate 1.1. Background Canongate’s close proximity to the Palace of Holyroodhouse, which is situated at the eastern end of Canongate Burgh, has been influential on both the fortunes of the Burgh and the establishment of Canongate Kirk. In 1687, King James VII declared that the Abbey Church of Holyroodhouse was to be used as the chapel for the re-established Order of the Thistle and for the performance of Catholic rites when the Royal Court was in residence at Holyrood. The nave of this chapel had been used by the Burgh of Canongate as a place of Protestant worship since the Reformation in the mid sixteenth century, but with the removal of access to the Abbey Church to practise their faith, the parishioners of Canongate were forced to find an alternative venue in which to worship. Fortunately, some 40 years before this edict by James VII, funds had been bequeathed to the inhabitants of Canongate to erect a church in the Burgh - and these funds had never been spent. This money was therefore used to build Canongate Kirk and a Kirkyard was laid out within its grounds shortly after building work commenced in 1688. 1 Development It has been ruminated whether interments may have occurred on this site before the construction of the Kirk or the landscaping of the Kirkyard2 as all burial rights within the church had been removed from the parishioners of the Canongate in the 1670s, when the Abbey Church had became the chapel of the King.3 The earliest known plan of the Kirkyard dates to 1765 (Figure 1), and depicts a rectilinear area on the northern side of Canongate burgh with arboreal planting 1 John Gifford et al., Edinburgh, The Buildings of Scotland: Pevsner Architectural Guides (London : Penguin, 1991). -
Burns Chronicle 1892
Robert BurnsLimited World Federation Limited www.rbwf.org.uk 1892 The digital conversion of this Burns Chronicle was sponsored by Balerno Burns Club, In Memory of the Founders of Balerno Burns Club - "Let it Blaw" The digital conversion service was provided by DDSR Document Scanning by permission of the Robert Burns World Federation Limited to whom all Copyright title belongs. www.DDSR.com Sam.e_aa Same as ; supplied to aupplied H.R.J1. TH to ,rinee ef ROYALTY Wales, in AND l!OTH HOUSES OF PARLIAMERT. E -)(- FINEST WHISKY Bismllrek, ltt THE WORLD. SOLE PEOPEl.I:lllTO:e., :O,O:&El:.:1,T .15n>Ort 'Uqlbfsllv Metcbant, ff7 Holm Street., & 17 Hope Street, G ~[ '!;.·- .. ~\ • .. , ft '·• t ,' ' ADVBRTISEHENTS,: -' "' ;:Ei.A.'l'EB.SO~, SONS & 00., .,-J ·~ ..... • .. · . GLAS<j-OW. It .. LIST. OF PART .SONGS_ To the A ~· "Burns Clubs" Ott Scotland. I'< :, THE "SCOTTISH MINSTREL. '1 A Stlection of Favourite Bonus, &.c., Harmonised atfd Arranged for Male Yoi~~: 11."dited bg ALEXANDJJ,'R PATTERSON. No. ii' 1. There was a lad was born in Kyle ............. Solo and Chorus ................ T.T.B. 2d. 2. Of a' the airts the wind can blaw .............................................. T.T.B,B. Sd. 8. Afton Water .................................................................. T.T.B.B. Sil. 4. A man's a man fora' tb&t................ Solo and Chorus .................... T.T.B.B. 2d. 6. The deil cam flddlin' thro' the toun ..............................................T.T.B. 3d. 6. Com Rigs ............................ Solo and Chorus ........................ f. T.B.B. 3d• .z.- Bums' Grace .................................................................. T.T.&.B. Sd. '8. 0 Willie brew'd a peek o' mant (Shore) . -
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. -
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. -
107394589.23.Pdf
Scs s-r<?s/ &.c £be Scottish tlert Society SATIRICAL POEMS OF THE TIME OF THE REFORMATION SATIRICAL POEMS OF THE TIME OF THE REFORMATION EDITED BY JAMES CRANSTOUN, LL.D. VOL. II. ('library''. ) Printcti fat tljt Sacietg Iig WILLIAM BLACKWOOD AND SONS EDINBURGH AND LONDON MDCCCXCIII V PREFATORY NOTE TO VOL. II. The present volume is for the most part occupied with Notes and Glossary. Two poems by Thomas Churchyard — “ The Siege of Edenbrough Castell ” and “ Mvrtons Tragedie ”—have been included, as possessing considerable interest of themselves, and as illustrating two important poems in the collection. A complete Index of Proper Names has also been given. By some people, I am aware, the Satirical Poems of the Time of the Reformation that have come down to us through black- letter broadsheets are considered as of little consequence, and at best only “sorry satire.” But researches in the collections of historical manuscripts preserved in the State-Paper Office and the British Museum have shown that, however deficient these ballads may be in the element of poetry, they are eminently trustworthy, and thus have an unmistakable value, as contemporary records. A good deal of pains has accordingly been taken, by reference to accredited authorities, to explain unfamiliar allusions and clear up obscure points in the poems. It is therefore hoped that not many difficulties remain to perplex the reader. A few, however, have defied solution. To these, as they occurred, I have called attention in the notes, with a view to their being taken up by others who, with greater knowledge of the subject or ampler facilities for research than I possess, may be able to elucidate them. -
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 -
First Division, Inner House, Court of Session
FIRST DIVISION, INNER HOUSE, COURT OF SESSION [2021] CSIH 25 A76/20 Lord President Lord Menzies Lord Doherty OPINION OF THE COURT delivered by LORD CARLOWAY, the LORD PRESIDENT in the Reclaiming Motion by MARTIN JAMES KEATINGS Pursuer and Reclaimer against (First) THE ADVOCATE GENERAL; and (Second) THE LORD ADVOCATE Defenders and Respondents ______________ Pursuer and Reclaimer: O’Neill QC, Welsh; Balfour & Manson LLP First Defender and Respondent: Webster QC, Pirie; Office of the Advocate General Second Defender and Respondent: Mure QC, C O’Neill QC (sol adv); Scottish Government Legal Directorate 30 April 2021 Introduction [1] The pursuer is a campaigner for Scottish independence. He is a voter in the upcoming election for the Scottish Parliament. He seeks two declarators. The first is that the Scottish Parliament has power under the Scotland Act 1998 to legislate for a referendum on whether Scotland should be independent, without requiring the consent of the United 2 Kingdom Government. The second is that the Scottish Government’s “proposed Act” concerning an independence referendum contains no provisions which would be outside the Parliament’s legislative competence. [2] Although called as third defenders, the Scottish Ministers withdrew their defences. The action was also intimated to the Parliamentary Corporate Body, but they elected not to intervene. The first and second defenders plead inter alia that: the pursuer has no title, interest or standing to sue; the action is academic, hypothetical, premature and thus incompetent; and the declarators are inconsistent with the structure of the 1998 Act. The pursuer responds with a plea that the defences are irrelevant and decree should be pronounced de plano. -
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. -
Lviemoirs of JOHN KNOX
GENEALOGICAL lVIEMOIRS OF JOHN KNOX AXIJ OF THE FAMILY OF KNOX BY THE REV. CHARLES ROGERS, LL.D. fF'.LLOW OF THE ROYAL HISTORICAL SOCIETY, FELLOW OF THE SOCIETY OF ANTIQUARIES OF SCOTLAXD, FELLOW OF THE ROYAL SOCIETY OF XORTHER-N A:NTIQ:;ARIES, COPENHAGEN; FELLOW OF THE ROYAL SOCIETY OF NEW SOCTH WALES, ASSOCIATE OF THE IMPRRIAL ARCIIAWLOGICAL SOCIETY OF Rl'SSIA, MEMBER OF THE HISTORICAL SOCIETY OF QL'EBEC, MEMBER OF THE HISTORICAL SOCIETY OF PENNSYLVANIA, A!'i'D CORRESPOXDING MEMBER OF THE HISTORICAL AND GENEALOGICAL SOCIETY OF NEW ENGLA:ND PREF ACE. ALL who love liberty and value Protestantism venerate the character of John Knox; no British Reformer is more entitled to the designation of illustrious. By three centuries he anticipated that parochial system of education which has lately become the law of England; by nearly half that period he set forth those principles of civil and religious liberty which culminated in a system of constitutional government. To him Englishmen are indebted for the Protestant character of their "Book of Common Prayer;" Scotsmen for a Reforma tion so thorough as permanently to resist the encroachments of an ever aggressive sacerdotalism. Knox belonged to a House ancient and respectable; but those bearing his name derive their chiefest lustre from 1eing connected with a race of which he was a member. The family annals presented in these pages reveal not a few of the members exhibiting vast intellectual capacity and moral worth. \Vhat follows is the result of wide research and a very extensive correspondence. So many have helped that a catalogue of them ,...-ould be cumbrous. -
Historic Forfar, the Archaeological Implications of Development
Freshwater Scottish loch settlements of the Late Medieval and Early Modern periods; with particular reference to northern Stirlingshire, central and northern Perthshire, northern Angus, Loch Awe and Loch Lomond Matthew Shelley PhD The University of Edinburgh 2009 Declaration The work contained within this thesis is the candidate’s own and has not been submitted for any other degree or professional qualification. Signed ……………………………………………………………………………… Acknowledgements I would like to thank all those who have provided me with support, advice and information throughout my research. These include: Steve Boardman, Nick Dixon, Gordon Thomas, John Raven, Anne Crone, Chris Fleet, Ian Orrock, Alex Hale, Perth and Kinross Heritage Trust, Scottish Natural Heritage. Abstract Freshwater loch settlements were a feature of society, indeed the societies, which inhabited what we now call Scotland during the prehistoric and historic periods. Considerable research has been carried out into the prehistoric and early historic origins and role of artificial islands, commonly known as crannogs. However archaeologists and historians have paid little attention to either artificial islands, or loch settlements more generally, in the Late Medieval or Early Modern periods. This thesis attempts to open up the field by examining some of the physical, chorographic and other textual evidence for the role of settled freshwater natural, artificial and modified islands during these periods. It principally concentrates on areas of central Scotland but also considers the rest of the mainland. It also places the evidence in a broader British, Irish and European context. The results indicate that islands fulfilled a wide range of functions as secular and religious settlements. They were adopted by groups from different cultural backgrounds and provided those exercising lordship with the opportunity to exercise a degree of social detachment while providing a highly visible means of declaring their authority.