Court of Session Act 1988

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Court of Session Act 1988

Court of Session Act 1988

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And be it enacted, That from and after such Union all Causes and Issues, which, if they had occurred before the passing of this Act, must by Law have been tried by Jury in the Jury Court, shall be tried by Jury in the Court of Session; and such Causes shall be prepared for Trial by the Lords Ordinary respectively before whom such Causes shall depend.

Section 136(3) of the Act of 1983 was substituted by the Representation of the People Act 1985, Schedule 4, paragraph 48(d).The Scottish case law on mora, taciturnity and acquiescence is likely to remain relevant to future cases where the court is being asked to exercise an equitable discretion. applicant and shall enter a note of it opposite the name of the applicant in a register of serial numbers. c. 46; section 61A was inserted by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. Acts that were made by the Westminster Parliament and relate to Scotland only are not included, although provisions of Scottish Acts that apply or are relevant to England and/or Wales are included. determined by the court, but shall be at the discretion of the court to which the case is transferred.

This Act was a follow-up Act to the Court of Session Act 1808 in reforming the Court of Session, creating the two divisions known as the Inner House and the Outer House. Provided always, and it is hereby enacted, That if the Judges of the Court of Session who had held the Office of Commissioners of the Jury Court shall, before the Expiry of Three Years, be reduced to Two, it shall be competent to the Lord President of either Division to proceed to Trial, if he think fit, without any Judge who has formerly been of the Jury Court, and they are hereby empowered so to proceed. I confirm I am a lawyer or work in a legal capacity, intend to use LexisNexis products for business purposes and agree with the terms and conditions. application for a new trial under section 29 of the Act of 1988 as it applies to a reclaiming motion. and an execution of service of it may be registered in the Register of Inhibitions and Adjudications.c. 59; section 13 was amended by the Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983 (c. Portobello Park Action Group Association v City of Edinburgh Council, is a helpful authority for petitioners in recognising that petitioners may require time to raise funds to bring a challenge. Schemes of arrangement—procedureProduced with input from Rebecca Cousin of Slaughter and May on market practice.

In Scotland it was accepted in one case that the failure of an authority to perform duties under the homeless legislation entitled a petitioner to damages that could be claimed in the course of judicial review, [8] but this can no longer be regarded as good law. in lieu of parole evidence) , for the words “the admission in lieu of parole evidence of written statements (including affidavits) and reports, on such conditions as may be prescribed” there shall be substituted the words “written statements (including affidavits) and reports, admissible under section 2(1) (b) of the Civil Evidence (Scotland) Act 1988, to be received in evidence, on such conditions as may be prescribed, without being spoken to by a witness”. and a certificate of execution of it may be registered in the Register of Inhibitions and Adjudications. by affidavit, at least one affidavit being sworn by a person other than a parent or party to the action. the expiry of that period, the court shall not approve the state of funds and any scheme of division.The Court of Session Act 1808 [1] (also known as the Administration of Justice (Scotland) Act 1808) was an Act of the Parliament of the United Kingdom ( 48 Geo.

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