Nobile officium meaning

See Practice Note: The investigation and prosecution of criminal offences in Scotland for information on criminal procedure in Scotland. This flowchart sets out the steps taken when a petition to the nobile officium of the High Court of Justiciary in Scotland is presented in relation to Scottish criminal proceedings. It should also be considered alongside Practice Note: Scottish criminal appeals—summary procedure...

This document reflects the UK GDPR regime This guidance aligns with the UK GDPR regime. Unless expressly indicated otherwise, any references and links to the GDPR should be read as the UK GDPR (Assimilated Regulation (EU) 2016/679). STOP PRESS: We are updating this document to reflect implementation of the Data (Use and Access) Act 2025 (DUAA 2025), which amends the UK GDPR and the Data Protection Act 2018. For further guidance on the compliance implications of DUAA 2025, see Practice Note: Data (Use and Access) Act 2025—compliance implications. The UK General Data Protection Regulation grants data subjects a range of rights, including the right to object to processing. Individuals may submit a request to an organisation to exercise this right at any time. However, this is not an unrestricted right; it only applies in particular circumstances. There are strict deadlines for responding to such requests. See Practice Notes: Rights of data subjects How to handle data subject requests This...

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...

A glossary of frequently used terms and phrases in Scottish Private Client law, with the closest England and Wales equivalents (where applicable) and links to helpful websites Ab intestato Meaning From someone who dies without a will; describes property taken under the laws of intestate succession. Nearest English equivalent None Action of specific implement Meaning A court action seeking an order compelling a party to carry out a particular act. In Scotland there is no division between equitable and legal remedies, unlike England and Wales. Nearest English equivalent Specific performance (an equitable remedy for breach of contract that can be ordered alongside, or in place of, damages) Advance notice Meaning An entry in the relevant property register that protects the grantee of a deed intended for registration in the Land Register of Scotland. The protected period of 35 days begins on the day after registration....

FORTHCOMING CHANGE : The Trusts and Succession (Scotland) Act 2024 obtained Royal Assent on 30 January 2024, representing the first comprehensive re-examination of Scottish trust law in more than a century, since the cornerstone Trusts (Scotland) Act 1921 was enacted. As regards trusts, a substantial proportion of its provisions will only operate once Scottish Ministers make further secondary legislation to commence them. By contrast, most succession provisions took effect on 30 April 2024, with a handful of minor trust-related points commencing on 26 June 2024. See News Analysis: Trusts and Succession (Scotland) Bill passed. Practice Notes dealing with Scottish trusts and succession will be updated further to reflect, and align with, this new legislation. At common law, once a trust has taken effect, the scope to vary its terms or purposes is very narrowly confined. Where an inter vivos trust is revocable, the truster may adjust its terms at any time, provided they are sui juris. However, the majority of inter vivos trusts are irrevocable once the trust has...

This Practice Note outlines how appeal processes operate within Scottish summary criminal matters. For guidance on appeals in solemn cases in Scotland, consult Practice Note: Scottish criminal appeals—solemn procedure. For fuller direction on the Scottish summary process, see Practice Note: Summary procedure in Scottish criminal proceedings. More broadly, see Practice Note: The investigation and prosecution of criminal offences in Scotland. Update effective 1 December 2025: modernisation of criminal court procedure Several enduring lasting changes have been enacted by the Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Act 2025, displacing the earlier temporary procedural arrangements brought in during the COVID-19 pandemic. Practitioners should read every procedural reference in this Practice Note through the lens of these legislative revisions. Electronic signatures and document transmission Under CP(S)A 1995, ss 303C–303F, documents in criminal proceedings may bear electronic signatures and be sent electronically to an accused or their legal representative, subject to the requirements set out in those provisions. Virtual attendance at hearings The court may...