CHAPTER FOUR – OFFICER OF THE COURT This term derives from the fact that solicitors are appointed by the Court of Session, not by the government. Incidentally, if a sheriff ever reminds you that you are an officer of the court it is a bad sign, just as if a sheriff […]
CHAPTER ONE – INFORMATION GATHERING Following the order in which one might encounter a mentally vulnerable defendant, it makes sense to begin at the beginning when an advocate first encounters a defendant. This section aims to address: Information the advocate needs to gather Taking initial instructions Whenever representing a defendant an […]
CHAPTER ONE – INTRODUCTION 1.1 The problem Construction and rectification problems in wills and other trust instruments[1] come in many different shapes and sizes. When considering a provision in a will or other trust instrument which is unclear and/or can be interpreted in different ways, the PRs or trustees, […]
CHAPTER ONE – THE BACKGROUND TO AN INQUEST SOURCES OF LAW AND PROCEDURE CORONERS AND JUSTICE ACT 2009 The morning of 25 July 2013 heralded the coming into force of a ground-breaking piece of legislation in the history of inquest law: the Coroners and Justice Act 2009 (“the 2009 Act”). It […]
CHAPTER ONE – WHO IS THE EMPLOYER A key question for any employment practitioner; you could even say crucial – for how else do we know who to sue? But in the Education sector, this is not always an easy question to answer. In this chapter, we will examine both the […]
CHAPTER ONE – AN OVERVIEW OF HABITATS PROTECTION A ‘habitat’ can be defined as the natural home or environment of an animal, plant or other organism. It follows from that definition, that almost any planning or permitting decision is capable of having some effect on the home and environment of organisms […]
CHAPTER ONE INTRODUCTION – CHANGING THE WORLD “Change the precedent, change the world.”[1] And the fact is the world needs changing. Since the dawn of time, the world’s climate has been continually in flux but the enormous, existential threat of human influence on that natural variation is now established fact. […]
CHAPTER ONE – INTRODUCTION TO DATA PROTECTION IN SOCIAL HOUSING Books and articles about data protection and the GDPR often feature images of computers and padlocks, sometimes a shield. These images represent the idea of keeping electronic data secure, which is of course crucial, but it is far from being the […]
CHAPTER ONE – AN INTRODUCTION TO THE INHERENT JURISDICTION Introduction This chapter will focus on what is meant by the inherent jurisdiction. The definition has been subject to much debate over the years in the High Court and even at a lower level in the family court. The inherent jurisdiction is […]
CHAPTER FOUR – THE STATUTE AND THE RULES The rules dealing with applications for periodical payments of maintenance are set out in the Family Procedure Rules 2010 (“FPR 2010”). The FPR 2010 directs the Court to exercise an overriding objective which is in line with the Civil Procedure Rules. Rule 1.1 […]
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