Court of Session Act 1988

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Westminster Parliament Acts containing some Scotland only provisions pre and post devolution are reproduced in full. In England it is clear that even if there is a good reason for a delay in bringing judicial review proceedings “promptly … and in any event not later than three months” after the grounds first arose, permission can still be refused on the grounds of hardship or prejudice. An Act to consolidate, with amendments to give effect to recommendations of the Scottish Law Commission, certain enactments relating to the constitution, administration and procedure of the Court of Session and procedure on appeal therefrom to the House of Lords; and to repeal, in accordance with recommendations of the Scottish Law Commission, certain enactments relating to the aforesaid matters which are no longer of practical utility. For example, prior to priority need being abolished in Scotland, an English judge made it clear to a local authority that its decision that two 16 year olds were not in priority need could not be sustained. evidence shall not be excluded solely on the ground that it is hearsay; a statement made by a person otherwise than in the course of the proof shall be admissible as evidence of any matter contained in the statement of which direct oral evidence by that person would be admissible; and 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 the evidence notwithstanding that the evidence is hearsay.

Section 27D of the Court of Session Act 1988 as inserted by section 89 of the Courts Reform (Scotland) Act 2014 provide for appeals following oral hearing in judicial review. shall, within 14 days after the date of the decree, send a copy of it by first class post to the fund. 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. c. 46; section 61A was inserted by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. The citation of this Act by this short title was authorised by the Short Titles Act 1896, section 1 and the first schedule.be deemed to include, in addition to such sum, the fees for any extract required to enforce the award. Subject to subsection (4) below, in any action for dissolution of civil partnership, separation of civil partners or declarator of nullity of civil partnership, the evidence referred to in subsection (1) above shall consist of or include evidence other than that of a partner in the civil partnership (or purported civil partnership) . Section 27A(1) of the Court of Session Act 1988 introduced a requirement that a judicial review application must be made before the end of (a) the period of 3 months beginning with the date on which the grounds giving rise to the application first arise, or (b) such longer period as the Court considers equitable having regard to all the circumstances.

Subsection (1) above applies to actions for divorce, F1for dissolution of civil partnership, for separation of spouses or of civil partners, for declarator of marriage or of nullity of marriage or of civil partnership or for, . The Scottish Government is gathering views to help inform how we will take forward the Human Rights Bill. The text of the Registered Designs Act 1949 as amended is set out in Schedule 4 to the Copyright Act of 1988.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. and an execution of service of it may be registered in the Register of Inhibitions and Adjudications.