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Administrative law [2021] ScotCS CSOH_81

PETITION OF AVAAZ FOUNDATION AGAINST THE SCOTTISH MINISTERS AND OTHERS

PETITION OF AVAAZ FOUNDATION AGAINST THE SCOTTISH MINISTERS AND OTHERS [2021] ScotCS CSOH_81 (11 August 2021)

The court extended time for a judicial review by Avaaz Foundation and allowed the petition to proceed, finding the delay excusable in the interests of justice.

  • Judicial review
  • Unexplained wealth orders
  • Time limits
  • Eu-derived law
  • Money laundering
  • Judicial-review
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Immigration law [2019] ScotCS CSOH_108

ROBERT HAVRILA (AP) FOR JUDICIAL REVIEW

ROBERT HAVRILA (AP) FOR JUDICIAL REVIEW [2019] ScotCS CSOH_108 (20 December 2019)

The court held the judicial review petition was not time-barred on notice grounds, but refused permission because the petition disclosed no realistic prospect of success.

  • Deportation
  • Judicial review procedure
  • Time limits
  • Evidential requirements
  • Best interests of children
  • Judicial-review
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Pensions [2019] ScotCS CSIH_48

CUNNINGHAM AGAINST (FIRST) ANTHONY ARTER, PENSIONS OMBUDSMAN; (SECOND) KAREN JOHNSTON, DEPUTY PENSIONS OMBUDSMAN; and (THIRD) NAMULAS PENSION TRUSTEES LTD

CUNNINGHAM AGAINST (FIRST) ANTHONY ARTER, PENSIONS OMBUDSMAN; (SECOND) KAREN JOHNSTON, DEPUTY PENSIONS OMBUDSMAN; and (THIRD) NAMULAS PENSION TRUSTEES LTD [2019] ScotCS CSIH_48 (13 September 2019)

The Inner House granted relief from a missed 14-day appeal deadline for a Pensions Ombudsman determination, but ordered the noter to pay the respondents' expenses.

  • Statutory appeals
  • Time limits
  • Relief from procedural failure
  • Pensions ombudsman determinations
  • Pensions-ombudsman
  • Statutory-appeals
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Administrative law [2017] ScotCS CSIH_62

BEGGS v THE SCOTTISH MINISTERS

BEGGS v THE SCOTTISH MINISTERS [2017] ScotCS CSIH_62 (11 October 2017)

The Inner House held it had no power to extend a one-day-late section 27D judicial review appeal by Rule 38.10, and refused the reclaiming motion as incompetent.

  • Judicial review
  • Time limits
  • Appeals
  • Court procedure
  • Judicial-review
  • Appeal-time-limits
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Administrative law [2013] ScotCS CSOH_169

JM v Advocate General for Scotland

JM v Advocate General for Scotland [2013] ScotCS CSOH_169 (29 October 2013)

Judicial review of a First-tier Tribunal decision refusing criminal injuries compensation was allowed. The court held the tribunal misread the rules and failed to assess delayed disclosure properly.

  • Criminal injuries compensation
  • Procedural fairness
  • Historic sexual abuse
  • Tribunal procedure
  • Time limits
  • Criminal-injuries-compensation
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Employment law [2011] ScotCS CSIH_40

Francis V. Pertempts Recruitment Partnership Ltd

Francis V. Pertempts Recruitment Partnership Ltd [2011] ScotCS CSIH_40 (29 June 2011)

The Court of Session granted leave to appeal against an EAT refusal to proceed, holding the application was timeous, competent, and arguable.

  • Unfair dismissal
  • Appeal procedure
  • Tribunal jurisdiction
  • Time limits
  • Competency of appeal
  • Ultra/intra vires
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Insolvency [2011] ScotSC 99

Permanent Trustee on the sequestrated estate of SYLVIA GALLON OR FRASER

Permanent Trustee on the sequestrated estate of SYLVIA GALLON OR FRASER [2011] ScotSC 99 (24 May 2011)

The sheriff allowed a trustee to lodge a late memorandum to renew an inhibition in sequestration, using section 63(1)(b) of the Bankruptcy (Scotland) Act 1985.

  • Sequestration
  • Trustee powers
  • Register of inhibitions
  • Procedural remedies
  • Time limits
  • Bankruptcy
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Criminal law [2011] ScotHC HCJAC_7

McFarlane v HM Advocate

McFarlane v HM Advocate [2011] ScotHC HCJAC_7 (18 January 2011)

The Appeal Court held that a summary complaint and covering letter did not renounce the Crown’s right to indict, and refused the appeal.

  • Prosecution procedure
  • Time limits
  • Oppression
  • Summary complaint
  • Indictment
  • Criminal-procedure
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Family law [2007] ScotSC 52

Taylor V. Cameron

Taylor V. Cameron [2007] ScotSC 52 (24 September 2007)

The court refused a defender’s motion to allow a late appeal against an extracted divorce decree, holding the decree and extract were valid and the appeal was incompetent.

  • Divorce
  • Appeals
  • Time limits
  • Extract decree
  • Service of process
  • Divorce-appeal
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Civil procedure [2006] ScotCS CSOH_4

Stuart (As Guardian To Finlayson) v. Scottish Rig Repairers & Anor

Stuart (As Guardian To Finlayson) v. Scottish Rig Repairers & Anor [2006] ScotCS CSOH_4 (13 January 2006)

The court refused leave to lodge a defenders’ account of expenses late, finding the explanation for delay inadequate and the delay material.

  • Expenses
  • Time limits
  • Court discretion
  • Late lodging of account
  • Civil-procedure
  • Time-limits
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Scotland decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.