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Sheriff Personal Injury Court
The Sheriff Personal Injury Court is a Scottish court with exclusive competence over claims relating to personal injury where the case is for a work-related accident claim in excess of , where the total amount claimed is in excess of , or where a sheriff in a local sheriff court remits proceedings to the Personal Injury Court. It has concurrent jurisdiction with the Court of Session for all claims in excess of , and concurrent jurisdiction with the local sheriff courts for personal injury claims within its competence. The choice of using a local sheriff court or the Personal Injury Court is left to the pursuer. However, if the sheriff believes the case is a complex one, requiring specialist expertise, then it can be remitted to the Personal Injury Court. The Sheriff Personal Injury Court was established on 22 September 2015 by The All-Scotland Sheriff Court (Sheriff Personal Injury Court) Order 2015. The power to establish specialist, all-Scotland courts is derived from the C ...
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Scotland
Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to the north and west, the North Sea to the northeast and east, and the Irish Sea to the south. It also contains more than 790 islands, principally in the archipelagos of the Hebrides and the Northern Isles. Most of the population, including the capital Edinburgh, is concentrated in the Central Belt—the plain between the Scottish Highlands and the Southern Uplands—in the Scottish Lowlands. Scotland is divided into 32 administrative subdivisions or local authorities, known as council areas. Glasgow City is the largest council area in terms of population, with Highland being the largest in terms of area. Limited self-governing power, covering matters such as education, social services and roads and transportation, is devolved from the Scott ...
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Solicitor Advocate
Solicitor advocate is a hybrid status which allows a solicitor in the United Kingdom and Hong Kong to represent clients in higher courts in proceedings that were traditionally reserved for barristers. The status does not exist in most other common law jurisdictions where, for the most part, all solicitors have rights of audience in higher courts. The title is also used in some jurisdictions to refer to solicitors who conduct advocacy in court (such as Northern Ireland) or as a job title (Australia). Origin Historically in the United Kingdom, solicitors took conduct of litigation, and undertook advocacy in the lower courts (tribunals, coroner's courts, magistrates' courts, county courts, and sheriff courts). They were not able to represent their clients in court in the higher courts: the Crown Court, the High Court, the Court of Appeal, the Court of Session, the Privy Council, and the Legal Committee of the House of Lords (today known as the UK Supreme Court). Instead, solic ...
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Public Interest
The public interest is "the welfare or well-being of the general public" and society. Overview Economist Lok Sang Ho in his ''Public Policy and the Public Interest'' argues that the public interest must be assessed impartially and, therefore, defines the public interest as the "''ex ante'' welfare of the representative individual." Under a thought experiment, by assuming that there is an equal chance for one to be anyone in society and, thus, could benefit or suffer from a change, the public interest is by definition enhanced whenever that change is preferred to the status quo ''ex ante''. This approach is "''ex ante''", in the sense that the change is not evaluated after the fact but assessed before the fact without knowing whether one would actually benefit or suffer from it. This approach follows the "veil of ignorance" approach, which was first proposed by John Harsanyi but popularized by John Rawls in his 1971 ''Theory of Justice''. Historically, however, the approach ca ...
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Edinburgh Sheriff Court
Edinburgh Sheriff Court is a sheriff court in Chambers Street in Edinburgh, within the sheriffdom of Edinburgh and Borders. History The new court was commissioned by the Scottish Courts and Tribunals Service to replace the Old Sheriff Court in the Lawnmarket. The site they selected had previously been occupied by a part of Heriot-Watt University. Designed by John Kirkwood Wilson of PSA Projects, it was built with 16 courtrooms, at a cost of £47 million, and was officially opened to the public in September 1994. Operations The court deals with both criminal and civil cases. There are currently thirteen sheriffs in post at Edinburgh Sheriff Court. They sit alone in civil cases and are assisted by a jury of fifteen members selected from the electoral roll in some criminal cases (cases using solemn procedure only). The Sheriff Principal In Scotland a sheriff principal (''pl''. sheriffs principal) is a judge in charge of a sheriffdom with judicial, quasi-judicial, and administ ...
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Colin Boyd, Baron Boyd Of Duncansby
Colin Boyd, Baron Boyd of Duncansby, (born 7 June 1953) is a Scottish judge who has been a Senator of the College of Justice since June 2012. He was Lord Advocate for Scotland from 24 February 2000 until his resignation on 4 October 2006. On 11 April 2006, Downing Street announced that Colin Boyd would take a seat as a crossbench life peer; however, he took the Labour whip after resigning as Lord Advocate. He was formally introduced in the House of Lords on 3 July 2006. On the day SNP leader Alex Salmond was elected First Minister of Scotland (16 May 2007), it was reported that Boyd was quitting the Scottish Bar to become a part-time consultant with public law solicitors, Dundas & Wilson. He told the ''Glasgow Herald'', "This is a first. I don't think a Lord Advocate has ever done this—left the Bar and become a solicitor." Legal evolution Lord Boyd's title is taken from Duncansby Head in Caithness – a favourite spot for family outings when he was a child living in Wick. H ...
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Public Interest
The public interest is "the welfare or well-being of the general public" and society. Overview Economist Lok Sang Ho in his ''Public Policy and the Public Interest'' argues that the public interest must be assessed impartially and, therefore, defines the public interest as the "''ex ante'' welfare of the representative individual." Under a thought experiment, by assuming that there is an equal chance for one to be anyone in society and, thus, could benefit or suffer from a change, the public interest is by definition enhanced whenever that change is preferred to the status quo ''ex ante''. This approach is "''ex ante''", in the sense that the change is not evaluated after the fact but assessed before the fact without knowing whether one would actually benefit or suffer from it. This approach follows the "veil of ignorance" approach, which was first proposed by John Harsanyi but popularized by John Rawls in his 1971 ''Theory of Justice''. Historically, however, the approach ca ...
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Outer House
The Outer House (abbreviated as CSOH in neutral citations) is one of the two parts of the Scottish Court of Session, which is the supreme civil court in Scotland. It is a court of first instance, although some statutory appeals are remitted to it by the other more senior part, the Inner House. Those appeals are made from the Sheriff court, the court of first instance for low value civil causes in the court system of Scotland. Judges in the Outer House are referred to as "Lord ame or "Lady ame, or as Lord Ordinary. They are drawn from the Senators of the College of Justice and they sit singly, sometimes with a jury of 12 in personal injury and defamation actions. Jurisdiction is extensive and extends to all kinds of civil claims unless expressly excluded by statute. Some classes of cases, such as intellectual property disputes and exchequer causes, are heard by designated judges. Prior to 1856 the jurisdiction for exchequer causes was that of the Court of Exchequer, wh ...
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Lord Ordinary
A Lord Ordinary is any judge in the Outer House The Outer House (abbreviated as CSOH in neutral citations) is one of the two parts of the Scottish Court of Session, which is the supreme civil court in Scotland. It is a court of first instance, although some statutory appeals are remitted t ... of the Scottish Court of Session. References Court of Session Scots law legal terminology Judiciary of Scotland {{Scotland-law-stub ...
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Limitation Periods In The UK
In the United Kingdom, there are time limits after which court actions cannot be taken in certain types of cases. These differ across the three legal systems in the United Kingdom. The United Kingdom has no statute of limitations for any criminal offence tried above magistrate level. Civil The key legislation relating to civil claims in England and Wales is the Limitation Act 1980, which lists the time to various types of cases. Debt If a lender allows six years to pass without receiving any payment, an action for recovery may become statute-barred. Injury The general time limit for injury litigation is three years, with multiple exceptions and special cases. The statute of limitations for injuries to children only starts at the eighteenth birthday. The statute of limitations for brain damage begins only when the victim has been medically acknowledged as regaining cognitive ability. The Montreal Convention (1999) and the Athens Convention (1974) govern the statute of limitations ...
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Jury Trial
A jury trial, or trial by jury, is a Trial, legal proceeding in which a jury makes a decision or Question of law, findings of fact. It is distinguished from a bench trial in which a judge or Judicial panel, panel of judges makes all decisions. Jury trials are used in a significant share of serious criminal cases in many but not all common law judicial systems. The majority of common law jurisdictions in Asia (such as Singapore, India, Pakistan and Malaysia) have abolished jury trials on the grounds that juries are susceptible to bias. Juries or lay judges have also been incorporated into the legal systems of many civil law (legal system), civil law countries for criminal cases. Only Seventh Amendment to the United States Constitution, the United States makes routine use of jury trials in a wide variety of non-criminal cases. Other common law legal jurisdictions use jury trials only in a very select class of cases that make up a tiny share of the overall civil docket (like malici ...
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Counsel
A counsel or a counsellor at law is a person who gives advice and deals with various issues, particularly in legal matters. It is a title often used interchangeably with the title of ''lawyer''. The word ''counsel'' can also mean advice given outside of the context of the legal profession. UK and Ireland The legal system in England uses the term ''counsel'' as an approximate synonym for a barrister-at-law, but not for a solicitor, and may apply it to mean either a single person who pleads a cause, or collectively, the body of barristers engaged in a case. The difference between "Barrister" and "Counsel" is subtle. "Barrister" is a professional title awarded by one of the four Inns of Court, and is used in a barrister's private, academic or professional capacity. "Counsel" is used to refer to a barrister who is instructed on a particular case. It is customary to use the third person when addressing a barrister instructed on a case: "Counsel is asked to advise" rather than "Y ...
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