Application to set aside judgment – proceedings not served in accordance with CPR. Where judgment was given at trial against a defendant who had not been served with the proceedings in accordance with the CPR and had no knowledge of the proceedings, an application to set aside the judgment was not governed by CPR r.39.3(5).
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Substitution of parties – CPR Part 19 – not applicable to public law proceedings. Where a party had applied to be substituted as the claimant in proceedings under the Town and Country Planning Act 1990 s.288, the court concluded that CPR Part 19 did not apply to public law proceedings and that the issue of substitution fell to be decided under the court's inherent jurisdiction.
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Restraining Order preventing access to primary school premises. In the circumstances the local education authority was entitled to an order restraining the defendants from preventing access to premises used as a primary school.
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Interdict
This related to two motions relating to an interim interdict and interim order under section 47(2) of the Court of Session Act 1988 which Lord Menzies pronounced on 25 January 2006. The pursuers sought to extend the scope of the interim interdict pronounced by Lord Menzies while the defenders sought the recall of both orders. A disagreement arose between the pursuers and the defenders about the manner in which large vehicles obtain access to the pursuers' resort which they were developing. The p ...
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Application for permission to appeal – CPR r.52.3(2). CPR r.52.3(2) and the relevant practice direction allowed a would-be appellant to apply to the lower court for permission to appeal at the hearing that the decision to be appealed was made or at a later date, if, on an application made at that hearing, the lower court adjourned the hearing in order to allow such application to be made later. Otherwise, the application had to be made to the appeal court.
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Appeal against civil penalty – no rehearing permitted. It was not appropriate to direct a rehearing of an appeal against a civil penalty for dishonest conduct where the evidence sought to be adduced on the rehearing could and should have been dealt with in the previous hearings.
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In the circumstances it had not been demonstrated that a local authority's withdrawal of its pre-action admission of liability was either an abuse of the process of the court or was otherwise likely to obstruct the just disposal of the case within CPR r.3.4(2)(b).
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Limitation Act – S.22(a). The 12-year period under the Limitation Act 1980 s.22(a) to bring an action in respect of any claim to the personal estate of a deceased had no application to a claim to remove a personal representative of the estate. Claims against the representative to provide an account of the deceased's assets and make payment due were claims that fell within s.21(1)(b) of the Act, and although the defence of laches to the claims was not excluded by s.21(1)(b), it was not made out ...
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Appeal to Sheriff Principal Against Extracted Inte
This appeal was a motion on behalf of the second defender for an exercise of the Sheriff Principal's dispensing power to allow her appeal against the Sheriff's interlocutor of 9 March 2005 granting decree to be heard although late. Decree in absence was granted on 9 March 2005 and the decree as extracted on 24 March 2005. Thereafter a charge was executed on the second defender personally by sheriff officers on 10 May 2005. Rule 2.1(1) of the Ordinary Cause Rules 1993 provides: "The Sheriff may r ...
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Reparation - Minute of Amendment
On 29 June 2006 a motion on behalf of the pursuer to allow the minute of amendment for the pursuer number 26 of process to be received and to allow the defenders to lodge answers within 14 days called. The motion was opposed by the defenders. Rule of Court 24.1(1) and (2)(c) state:- "(1) In any cause the court may, at any time before final judgment, allow an amendment mentioned in paragraph (2). (2) Paragraph (1) applies to the following amendments - (c) an amendment of a ondescendence ... which ...
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