Applicants Should Inform Court of Factors Affecting Appeal: The Court re-iterated that it was not appropriate for it to interfere with a case management decision taken by a judge who had applied the correct principles and acted within his generous ambit of discretion. At the time that permission to appeal was granted the Court had not been aware that one of the key issues in the case had already been directed to be determined as a preliminary issue in existing proceedings. It was stated per curi ...
|
Summary Cause - Action for payment – Application to sist– whether action should be sisted pending outcome of case in the English High Court. In a Summary Cause action the Pursuers sought recovery of advance on a Current Account from the Defender. The Defender lodged Defences and a Counterclaim for recovery of bank charges. The Pursuers decided not to insist on their claim, so the only remaining issue was the Defender’s claim for recovery of bank charges. T ...
|
Mention of a Letter does not Automatically Waive Legal Professional Privilege: The Court of Appeal, applying the test of “direct allusion”, accepted that a letter had been “mentioned” in a Respondent’s witness statement for the purposes of CPR31.14; the test was not intended to be an onerous one, the word mention was as general as could be. However, the Court was not satisfied that the mere mention of a document provided for the automatic and absolute waiver of its privilege; this would be a sig ...
|
Pursuing Appeal prevents Pursuance of Alternative Procedural Routes: During a Court of Appeal hearing, the Appellant was given the choice whether to continue with the appeal, subject to it being limited to two paragraphs of the appealed judgment, or have the case remitted to the Chancery Division for a full trial. He elected for the former option, and subsequently lost the appeal. When he tried to renew the action in the Chancery Division, the Judge held that he had clearly agreed that he would ...
|
Application for Appointment of Guardian – Adults with Incapacity (Scotland) Act 2000- Replacement of original Guardian - Expenses - Awarded against Solicitors personally In May 2006 an application was made under the Adults with Incapacity (Scotland) Act 2000 to appoint a son as Guardian in respect of the welfare and property and financial affairs of his mother("the adult").The application contained no averments about the suitability of the proposed applicant and the writ had to be retur ...
|
Appeal - This stated case arose out of an action of lawburrows raised by the pursuer and appellant. The defender and respondent is David Strang, who was until recently Chief Constable of Dumfries and Galloway Police. On the date which had been set down for proof in the action, the sheriff entertained and upheld submissions that the action was incompetent and irrelevant. The appellant appealed to this court by stated case. When the case called, the court appointed it to a full hearing, and ...
|
Necessary to look at Proposed Amendment in the context of Proceedings as a Whole: The Court of Appeal held that, when deciding whether a proposed amendment to a claim form clarified an inconsistency in that document or raised a new cause of action, it was appropriate to view the amendment in the context of the proceedings as a whole rather than merely in the context of the pleadings. Had the Court done so, it would have seen the mismatch between the claim form and the accompanying documents, whi ...
|
Requirements for Pre-Action Disclosure Application:Held that the threshold requirements for an application for pre-action disclosure were not met where the applicant failed to establish that the documents were likely to fall within standard disclosure and that pre-action disclosure was likely to dispose of the dispute or save costs. It was said that it was inappropriate for the Respondents to be required to identify which documents were within the scope of standard disclosure. An application for ...
|
Procedural Hearing - Practice and Procedure – title to sue/Proof before Answer sought. Liability admitted by defender. Pursuer was individual claiming damages under Section 1(4) of Damages (Scotland) Act 1976 on the grounds that he was a “de facto stepfather” of deceased. Submitted that he had acted and was accepted by the deceased as father. Submitted by pursuer that no other person had a title to sue. The Court considered the provisions of the Act pre and post 4 M ...
|
Motion - for an interim order under section 47(2) of the Court of Session Act 1988. The pursuers were seeking delivery of a Trial Master File and the now declined to co-operate, and instead asserted a common law lien on account of the pursuers' non-payment of work invoices. The parties were in agreement that the proper approach to an application for an interim order under section 47(2) was that affirmed by an Extra Division in Scottish Power Generation Ltd v British Energy Generation (UK) ...
|
| 1 2 3 4 5 6 7 8 9 10 ... |