This appeal concerns the relevance and application of the principles of autrefois acquit, res judicata and abuse of process in the context of successive proceedings before a regulatory or disciplinary tribunal. In particular it concerns the application of the general principle that nemo debet bis vexari pro una et eadem causa, that is that nobody should be vexed twice in respect of one and the same cause.The appellant, Mr Coke-Wallis, is a chartered accountant and a member of the respondent Inst ...
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The Minuters made an application under section 298 of the Proceeds of Crime Act 2002 in relation to money seized in 2008. The Defender and a friend had been travelling south on the A702 in the Defender’s car. Both the Defender and his companion were drug addicts and unemployed. The Police were aware that the A702 was used by criminals as a main route to transport drugs and cash between Scotland and England. Officers had stopped the Defender’s car and had found a large ...
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Here the petitioner sought an order under section 1 of the Vexatious Actions (Scotland) Act 1898 as amended following the respondent's involvement in four separate legal actions. The petition was opposed by the respondents. Section 1 of the 1898 Act states:- "It shall be lawful for the Lord Advocate to apply to either Division of the Inner House of the Court of Session for an order under this Act, and if he satisfies the Court that any person has habitually and persistently instituted vexatious ...
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On 3 September 2007 the sequestration of the petitioner was granted in his absence at Glasgow Sheriff Court. Here the petitioner, representing himself, sought recall of that award of sequestration. The petitioner presented his submission on two chapters:- (1) the petitioner's right to a fair and public hearing; and (2) a substantive argument against sequestration being awarded. Counsel on behalf of the respondent sought dismissal of the petition and to find the petitioner liable in expenses. It ...
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