By-order hearing (Court of Session) meaning

In this issue: Brexit highlights Brexit SIs Post-Brexit transition guidance Subsidy control and state aid Public procurement Constitutional and administrative law Equality and human rights Judicial review Other public law news Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Public Law Highlights 2024/2025 Brexit highlights European Commission refers UK to EU Court of Justice over free movement law implementation The European Commission has resolved to refer the United Kingdom to the Court of Justice of the European Union for shortcomings in the application of EU free movement rules that persist for EU citizens protected by the Withdrawal Agreement. Announced on 16 December 2024, the referral concerns infringement files INFR(2020)2202 and INFR(2011)2054. The Commission argues the UK has not sufficiently remedied several issues, notably those affecting workers' rights and the position of extended family members. The dispute examines the UK's compliance...

In this issue: Key developments UK immigration control: how it works Sponsored work Work sponsorship: sponsors EU law rights and EU Settlement Scheme Challenging immigration decisions and enforcement Daily and weekly news alerts New and updated content Key developments Future developments—Immigration calendar Key developments Future developments—Immigration calendar Please note, our Immigration calendar highlights key upcoming developments of interest to business immigration advisers. King's Speech 2024—Immigration At the State Opening of Parliament on 17 July 2024, His Majesty King Charles III outlined the government’s priorities and proposed measures for the next parliamentary session. These include: (1) a new Border Security, Asylum and Immigration Bill intended to ‘modernise’ the asylum and immigration system while reinforcing and safeguarding the border, and (2) a Skills England Bill designed to assess national and local skills requirements through the creation of a new body, ‘Skills England’. Katie Newbury, partner at Kingsley Napley LLP, comments on the announcements....

In this issue: Court of Protection Elderly and vulnerable clients UK taxation for Private Client HMRC Manuals updates Tax avoidance, evasion and non-compliance Family businesses and ownership structures Digital assets and cryptoassets Pensions, insurance and tax-efficient investments Scotland, Wales and Northern Ireland International Question of the week Additional Private Client updates this week Daily and weekly news alerts LexTalk®Private Client: a Lexis+® community New and updated content Dates for your diary Trackers Latest Q&As Useful information Court of Protection Court of Protection upholds District Judge’s refusal of application for non-disclosure of medical and health records (P (by his litigation friend, the Official Solicitor) v Manchester City Council) Here, the local authority—supported by the Integrated Care Board (ICB) and the Foundation Trust—sought a closed material order to prevent disclosure of P’s medical and health records to his mother, with whom he lived. The applicants maintained...

Dobbies Garden Centres Limited sought a Part 26A restructuring plan at a convening hearing in October 2024 and a sanction hearing in December 2024 before the Scottish Outer House, Court of Session. The key headline points are set out below (capitalised terms not defined here have the meanings given in the sanction judgment). This Deal Debrief forms part of our Restructuring plans collection. For an in‑depth analysis of key metrics from RPs filed in England & Wales in 2023, together with commentary from leading figures in the restructuring sphere, see Practice Note: Market Insights Trend Report—trends in Part 26A restructuring plans in 2023 [Archived]. Name of plan company Dobbies Garden Centres Limited (the Company) Industry sector Garden centres Place of debtor’s incorporation and jurisdictional factors The Company was incorporated in Scotland and its centre of main interests (COMI) was in Scotland. Legal counsel involved The Company: Almira Delibegovic-Broome KC and Elisabeth Roxburgh (instructed by Burness Paull LLP and Macfarlanes LLP) Timeline...

ARCHIVED: This Practice Note is archived and is not maintained. For alternative further reading, see Practice Note: Judicial review in Scotland—raising a claim. In Scotland, any application for judicial review must be made, in the prescribed form, to the Court of Session. The Courts Reform (Scotland) Act 2014 (CR(S)A 2014) ushered in an entirely new procedure for judicial review proceedings in Scotland. Sections 27A–27D of the Court of Session Act 1988 (CSA 1988) introduced new time limits and a requirement to obtain the Court’s permission before applying. Chapter 58 of the Court of Session Rules was fully rewritten in 2015, reforming all applications to the court’s supervisory jurisdiction in Scotland, which must proceed by petition for judicial review. The key procedural stages and the corresponding Court of Session Rules are as follows: Petition — Rules 58.3–58.5 Responding to the petition — Rule 58.6 Permission stage — Rules 58.7–58.11 Procedural hearing — Rule 58.12 ...

Civil justice reform Consult our Practice Note: Civil justice reform in Scotland—virtual hearings and electronic submission of documents for up-to-date guidance on how the Scottish civil courts manage remote hearings and the electronic signing, sending, transmission and lodging of documents. The Practice Note supplies pragmatic and procedural direction for commercial actions raised in the Court of Session. It also addresses the current rules and practice applicable to such proceedings, including virtual hearings and electronic processes today. For details on: substantive and procedural points to weigh before starting a civil claim in the Scottish courts, including the Court of Session’s jurisdiction, see Practice Note: Starting a civil claim in Scotland the Court of Session’s function, composition and the binding force of its judgements, see Practice Note: Civil court structure in Scotland Key: commercial clerks inbox—commercial@scotcourts.gov.uk commercial section inbox—gcs@scotcourts.gov.uk RCS—Rules of the Court of Session 1994 What is a commercial action? RCS, Rule 47.1(2)...