Small Claim - Commission and Diligence for Recovery of Documents - Fishing Diligence In a small claim action for recovery of bank charges, the Pursuer lodged an incidental application for Commission and Diligence for the recovery of a number of documents, which were sought in an attempt to establish that the Bank’s charges amounted to a penalty. At a Hearing in relation to the incidental application, the Pursuer did not insist on a number of the calls in the Specification. The Appl ...
|
Appeal - Reasonableness of Sheriff's Decision - Disqualification from holding or obtaining driving licence -The Child Support Act 1991, Section 39A The Appellant had been disqualified from holding or obtaining a driving licence for a period of 9 months following an application on behalf of the Secretary of State for Work & Pensions under Section 39A of the Child Support Act 1991, Section 39A , which was introduced by the Child Support Pensions & Social Security Act 2000 . That provision ...
|
Summary Application - Sexual Offences Protection Order - Sexual Offences Act 2003, Section 105(1) In a Summary Application, the Pursuer sought a Sexual Offences Protection Order against the Defender in terms of Section 105(1) of the Sexual Offences Act 2003. Having heard evidence from a number of witnesses, the Sheriff decided that the granting of such an Order was necessary to protect members of the public from suffering serious sexual harm as a result of the actions of the Defender. He held t ...
|
First Instance Judge Should Make Decision on Credibility. The Court of Appeal held that it was for the judge who had heard the evidence of a witness to make a decision on that witness’s credibility; an appellate court that was not party to all the evidence was not in a position to reverse the findings made by the judge about that evidence.
|
The Use of Plans, Maps and Diagrams in Court of Appeal Proceedings. In the course of its decision the Court made some general observations about the use of plans, maps and diagrams in Court of Appeal proceedings. Arden LJ said that it was absolutely essential that, in any case where there were to be plans, maps, diagrams or photographs, there was at least one document which left the Court in no real doubt about the location of all the relevant features, in order that court time was not wasted by ...
|
Inappropriate to Set Aside Stay where Chances of Success Remote. Keith J. held that it was not appropriate to set aside a stay of proceedings where the proceedings had been delayed over a period of some twelve years, and where the claimant’s chances of success were so remote that the interests of justice demanded that the litigation be brought to an end. The procedural situation in the case was extremely complicated- the case had been automatically stayed when the CPR came into force and the par ...
|
Undefended Divorce Action - Motion to allow appeal to be marked late The Appellant enrolled a motion to relieve her of the consequences of Ordinary Cause Rule 31.1, which sets a time limit of 14 days for the lodging of an appeal, and to allow her to mark an appeal late in relation to a Decree of Divorce. The Decree was pronounced on 10th August 2007 and the Appellant maintained that she did not become aware of the proceedings until 28th August, 2007. The appeal was refused. The ...
|
Summary Cause/Small Claim - application to sist The Pursuers in a summary cause and a small claim action were seeking recovery of bank charges which their banks, the respective Defenders, had deducted from their current accounts. The Pursuers argued that the charges were a penalty and, on that basis, unenforceable. They also contended that the charges were contrary to the Unfair Terms in Consumer Contracts Regulations 1999. The Defenders made applications to sist both cases at their first calli ...
|
Action for Declarator of Nullity of Marriage - Jurisdiction of Sheriff Court An undefended action for declarator of nullity of marriage was dismissed. An issue arose in relation to jurisdiction. The Sheriff noted that Section 4 of the Family Law (Scotland) Act 2006 purports to extend the jurisdiction of the Sheriff Court to include declarators of nullity of marriage by amending section 5(1) of the Sheriff Courts (Scotland) Act 1907. Before that, the Court of Session had exclusive jurisdiction i ...
|
Judgment Set Aside for Equitable Forebearance. A local authority successfully applied for an order to set aside a judgment against it. The authority originally made an admission of primary liability (subject to a reduction for contributory negligence) but sought to resile from this in its Defence. The allocation questionnaire, case summary and witness statements were all prepared on the basis that liability was in issue; the Judge held that this amounted to approbation and reprobation. It was h ...
|
| 1 2 3 4 5 6 7 8 9 10 ... |