Licensing (Scotland) Act 1976 - S.39 Appeal & fail
The Respondents sought to have the appeal dismissed on the basis that the application was incompetent. They argued that Part VII of the Act of Sederunt (Summary Applications, Applications and Appeals etc.) Rules 1999 required the applicant to serve a copy of the initial writ on the Chief Constable and such service was mandatory and could only proceed on a judicial warrant. The Applicant argued that the absence of a warrant did not mean there had been no service and there was no prejudice to the ...
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Committal Orders. Committal orders sentencing the appellants to 42 days' imprisonment, imposed following flagrant breaches of a possession order, were not disproportionate.
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CPR Part 14 – Admissions. It was held that CPR r.14.1 did not embrace pre-action admissions of liability, and a number of authorities that had supported the pre-CPR regime in terms of pre-action admissions were no longer to be considered reliable.
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Mental Health Act 1983. In determining whether to discharge patients detained under hospital orders, mental health review tribunals were required to apply the civil standard of proof in assessing whether the criteria for discharge under Ss.72 & 73 of the Mental Health Act 1983 were met.
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Case Management & Costs in relation to Vexatious Litigants. The court gave guidance on the procedure to be adopted, with case management and applications for costs, where a vexatious litigant made an application for leave to bring proceedings at the same time as an application to be joined in a concurrent application for permission to seek judicial review.
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Compromise Agreements: Strike Out & Summary Judgment. In the circumstances, the language of compromise agreements made between the parties was wide enough to include any claim on the grounds of conspiracy and the judge was right to strike out the claims and award summary judgment in favour of three of the respondents.
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Recovery Orders: Proceeds of Crime Act 2002 Pt 5. In civil proceedings for a recovery order under Part 5 of the Proceeds of Crime Act 2002, the Assets Recovery Agency did not need to allege the commission of any specific criminal offence, but had to set out the matters that were alleged to constitute the particular kind(s) of unlawful conduct by, or in return for, which the property had been obtained. A claim for civil recovery could not be sustained solely upon the basis that a defendant had no ...
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Failed professional negligence case – Legal advice not negligent. In a procedurally complicated claim which was subject to the common law doctrine of privity of contract, legal representatives for a school were not found to have been negligent in advising settlement of a claim by parents of two pupils without expressly advising the school that such a settlement did not bar the pupils themselves from bringing their own claims in future.
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A consumer credit agreement entered into by the defendant bank with persons seeking to make a personal injury claim, where the credit was for the purpose of funding the claim and a legal expenses insurance policy, was held to comply with the requirements of the Consumer Credit Act 1974 concerning notices of cancellation rights.
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Applications Without Notice. An application without notice was only appropriate for a very serious application, where service of notice would frustrate the purpose of the order. The more serious the nature of the application, the more important it was to give notice. Where notice was not given it was necessary to justify that failure to the judge.
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