RG AGAINST (FIRST) GLASGOW CITY COUNCIL AND (SECOND) SA [2019] ScotCS CSIH_45 (27 August 2019)

RG AGAINST (FIRST) GLASGOW CITY COUNCIL AND (SECOND) SA [2019] ScotCS CSIH_45 (27 August 2019)

The sheriff may rely on findings of fact established in an earlier proof for a ground of referral when considering a permanence order, subject to case management discretion. The principle behind res judicata supports avoiding repeated litigation, but does not apply strictly due to different parties and remedies. New material evidence may be admitted if it is substantive and relevant; otherwise, repetition or speculation may be excluded.

Citation
[2019] ScotCS CSIH_45
Parties
Appellant: RG; First Respondent: Glasgow City Council; Second Respondent: SA
Jurisdiction
Scotland
Judgment Date
27 August 2019
Procedural Posture
Appeal / Remit From Sheriff Appeal Court
Outcome
appeal refused
Legal Topics
Permanence Order, Res Judicata, Case Management, Evidence Admissibility, Children's Hearings, Welfare Principle
Family Law Child Protection Civil Procedure Permanence Order Res Judicata Case Management Evidence Admissibility Children's Hearings +1 more

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Parties

RG

Appellant

Glasgow City Council

First Respondent

SA

Second Respondent

Procedural Posture

Appeal / Remit From Sheriff Appeal Court

Legal Issues

  1. 1 Can a sheriff rely on facts established in an earlier proof for a ground of referral when considering a permanence order under the Adoption and Children (Scotland) Act 2007?
  2. 2 Does res judicata or issue estoppel apply between proceedings involving different parties and remedies?
  3. 3 What is the scope of the sheriff's discretion in case management and evidence exclusion under the Sheriff Court Adoption Rules?

Ratio Decidendi

The sheriff may rely on findings of fact established in an earlier proof for a ground of referral when considering a permanence order, subject to case management discretion. The principle behind res judicata supports avoiding repeated litigation, but does not apply strictly due to different parties and remedies. New material evidence may be admitted if it is substantive and relevant; otherwise, repetition or speculation may be excluded.

Court Disposition

appeal refused

Orders

  • The sheriff may rely on original findings of fact from the ground of referral proof when considering the permanence order application.
  • Case management discretion applies; new material evidence may be admitted if substantive.