Court of Session Act 1988

Product Information

The Scottish Government is gathering views to help inform how we will take forward the Human Rights Bill. first instance, for the fees and expenses of a witness cited to appear at a commission for that party.

section 3(5) of the Act of 1987 (question of fact or law on assessment of proceeds of drug trafficking). The fourth part of this series of blogs on practical aspects of judicial review considers the time limit for raising judicial review proceedings. shall, where the court has appointed the receiver, be made by motion or, in any other case, by petition. cent of the total fees of the solicitor in the account whether in Chapter I or III of the Table of Fees. Sections 3 to 5 of the (1) In any civil proceedings, the evidence of an officer of a business or undertaking that any particular statement is not contained in the records of the business or undertaking shall be admissible as evidence of that fact whether or not the whole or any part of the records have been produced in the proceedings.In any civil proceedings the court or, as the case may be, the jury, if satisfied that any fact has been established by evidence in those proceedings, shall be entitled to find that fact proved by that evidence notwithstanding that the evidence is not corroborated. For the full list of substantive elements of the right to a healthy environment and further details of their content, the reports of the UN Special Rapporteur provide extensive guidance as to what is included within the human right. Article 14 of the ECHR also includes the ground of association with a national minority which is not explicitly referenced in Article 2 of ICESCR. shall make up and lodge in the General Department a process incorporating the sheriff court process.

Westminster Parliament Acts containing some Scotland only provisions pre and post devolution are reproduced in full. by affidavit, at least one affidavit being sworn by a person other than a parent or party to the action. by the Court of Session in an appropriate court shall be made by letter to the Deputy Principal Clerk.person as a witness; and such leave may be granted on such conditions, if any, as the court thinks fit. Subject to subsection (4) below, in any action for divorce, separation or declarator of marriage or nullity of marriage, the evidence referred to in subsection (1) above shall consist of or include evidence other than that of a party to the marriage (or alleged or purported marriage) . The Court of Session Act 1808 [1] (also known as the Administration of Justice (Scotland) Act 1808) was an Act of the Parliament of the United Kingdom ( 48 Geo. Provided always, and it is hereby enacted, That if the Judges of the Court of Session who had held the Office of Commissioners of the Jury Court shall, before the Expiry of Three Years, be reduced to Two, it shall be competent to the Lord President of either Division to proceed to Trial, if he think fit, without any Judge who has formerly been of the Jury Court, and they are hereby empowered so to proceed.

The Rules state that, 'the court in exercising its supervisory jurisdiction in respect of an application for judicial review may . And be it enacted, That the said Lord Chief Commissioner shall be empowered and have Right to sit and vote in both Divisions of the Court as a Judge of the Court of Session, in the before-recited and all other Proceedings touching any Cause now triable in the Jury Court, both before and after Verdict, and shall be entitled to rank immediately after the Lord Justice Clerk. Nothing in this section shall affect the admissibility of any statement as evidence of the fact that the statement was made.c. 46; section 25A was inserted by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. For example, the court may quash a decision that the applicant was intentionally homeless and make the local authority look at it again. In section 6 of the Bankers’ Books Evidence Act 1879 (case in which banker not compellable to produce book) , after the word “Act” there shall be inserted the words “or under the Civil Evidence (Scotland) Act 1988”. Minimum core obligations are the obligations on the State to ensure the satisfaction of minimum essential levels of a right.