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Court of Session Act 1988

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It has since been held that breach of statutory duty under homelessness legislation on its own does not give rise to an individual's right to claim damages. by the Court of Session in an appropriate court shall be made by letter to the Deputy Principal Clerk. 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 fourth part of this series of blogs on practical aspects of judicial review considers the time limit for raising judicial review proceedings.

determined by the court, but shall be at the discretion of the court to which the cause is transferred. Acts that were made by the Westminster Parliament and relate to Scotland only are not included, although provisions of Scottish Acts that apply or are relevant to England and/or Wales are included. c. 59; section 13 was amended by the Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983 (c.by affidavit, at least one affidavit being sworn by a person other than a parent or party to the action. 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. Schemes of arrangement—procedureProduced with input from Rebecca Cousin of Slaughter and May on market practice. Section 18(8) of the Act of 1978 was substituted by the Age of Legal Capacity (Scotland) Act 1991 (c. be deemed to include, in addition to such sum, the fees for any extract required to enforce the award.

first instance, for the fees and expenses of a haver cited to appear at a commission for that party.In Scotland it was accepted in one case that the failure of an authority to perform duties under the homeless legislation entitled a petitioner to damages that could be claimed in the course of judicial review, [8] but this can no longer be regarded as good law. An Act concerning the Administration of Justice in Scotland and concerning Appeals to the House of Lords. authority or reporter to any local authority to which intimation of the family action has been made. Section 136(3) of the Act of 1983 was substituted by the Representation of the People Act 1985, Schedule 4, paragraph 48(d). This over-rides any other legislation which might suggest that a longer time-period applies (such as an application founding on a breach of the Human Rights Act 1998, where (again, subject to equitable considerations) there is generally a one-year time limit).

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