Intimation meaning

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 Refer to our Practice Note, Civil justice reform in Scotland—virtual hearings and electronic submission of documents, for up-to-date rules and practice in Scotland’s civil courts on remote hearings and the electronic signing, transmission and lodging of documents. The Note also sets out the process for commencing a judicial review in Scotland. For guidance on: further aspects of judicial review in Scotland, see Practice Notes: Judicial review in Scotland; Judicial review in Scotland—grounds of challenge; Judicial review in Scotland—remedies; and Judicial review in Scotland—protective expenses orders other key areas of Scots law and procedure, consult our Scotland collection judicial review in England and Wales, see Practice Notes: Judicial review—what it is and when it can be used; and Judicial review—time limits and the pre-action protocol Key CR(S)A 2014: Courts Reform (Scotland) Act 2014 CSA 1988: Court of Session Act 1988 RCS: Rules of the Court of Session 1994 Legal framework for...

For many years, debtors have relied upon trust deeds in order to reach a compromise with their creditors as an alternative to formal sequestration in Scotland (see Practice Note: Scotland: the process for applying for sequestration). Rooted in the common law, trust deeds long attracted a relatively ‘light touch’ from the courts, but the law now pays closer attention to them and to this field generally today. Accordingly, trust deeds are presently subject to markedly tighter regulation than previously in Scotland. This Practice Note outlines the key legal principles on trust deeds and the process for obtaining, and the effect of, protected status in this context too. For definitions of frequently used Scottish insolvency terminology, see Practice Note: Glossary of Scottish insolvency words and expressions therein. The Scottish government has announced a commitment to review both formal debt recovery mechanisms—diligence—and the statutory debt solutions—moratorium protection, bankruptcy, Protected Trust Deeds and the Debt Arrangement Scheme—with the aim of ‘further enhancing and improving our system’ in due...

Our reference: [ Client - Code/Matter - Matter Code/Matter - Fee Earner initials ] Your reference: [ insert ref ] [ insert full address ] [ insert date ] Dear [ insert name ] Estate of the late [ name of deceased ] We have been engaged to administer the estate of your late [ mother OR father OR grandmother OR grandfather ]. We represent the executor(s), namely [ insert name ] and [ insert name ], appointed under a Will dated [ insert date ]. Under the terms of the Will, you are due a legacy of [ ]. However, Scots law permits specific relatives to assert a claim against the estate, whether or not the person is identified as a beneficiary in the Will...

Our reference: [ Client - Code/Matter - Matter Code/Matter - Fee Earner initials ] Your reference: [ insert ref ] [ insert full address ] [ insert date ] Dear [ insert name ] Estate of the late [ name of deceased ] We have been asked to handle the administration of the estate of your late [ mother OR father OR grandmother OR grandfather ]. We represent the executor(s), [ insert name ] and [ insert name ], appointed under a Will dated [ insert date ]. You are not listed as a beneficiary in the Will...