Upper Tribunal For Scotland
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Upper Tribunal For Scotland
The Upper Tribunal for Scotland (UTfS) is a general appeal tribunal and superior court of record in Scotland. It was created by the Tribunals (Scotland) Act 2014, which aimed to create a simplified structure for tribunals in Scotland. The Lord President of the Court of Session, as head of the judiciary in Scotland, is responsible for the Upper Tribunal for Scotland. Some of the Lord President's functions in relation to tribunals have been delegated to the President of the Scottish Tribunals, currently Lady Wise. It is administered by the Scottish Courts and Tribunals Service. Jurisdiction The Upper Tribunal for Scotland hears appeals from the First-tier Tribunal for Scotland. Upper Tribunal appeals are binding nationwide on all First-tier Tribunal for Scotland cases. Unlike the First-tier Tribunal for Scotland, the Upper Tribunal for Scotland is not divided into chambers. However, it does use different rules of procedure for social security appeals. Relationship with t ...
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Royal Coat Of Arms Of The United Kingdom
The royal coat of arms of the United Kingdom, or the royal arms for short, is the arms of dominion of the British monarch, currently King Charles III. These arms are used by the King in his official capacity as monarch of the United Kingdom. Variants of the royal arms are used by other members of the British royal family, by the Government of the United Kingdom in connection with the administration and government of the country, and some courts and legislatures in a number of Commonwealth realms. A Scottish version of the royal arms is used in and for Scotland. The arms in banner of arms, banner form serve as basis for the monarch's official flag, the Royal Standard of the United Kingdom, Royal Standard. In the standard variant used outside of Scotland, the shield is quartered, depicting in the first and fourth quarters the three passant guardant lions of England; in the second, the rampant lion and double tressure fleur-de-lis#Other European monarchs and rulers, flory-counterflory ...
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First-tier Tribunal For Scotland
The First-tier Tribunal for Scotland (FtTfS) is a first-instance general tribunal in Scotland. It was created by the Tribunals (Scotland) Act 2014, which aimed to create a simplified structure for tribunals in Scotland, amalgamating the functions of several tribunals into one. The Lord President of the Court of Session, as head of the judiciary in Scotland, is responsible for the First-Tier Tribunal for Scotland. Some of the Lord President's functions in relation to tribunals have been delegated to the President of the Scottish Tribunals, currently Lady Wise. It is administered by the Scottish Courts and Tribunals Service. Chambers and Jurisdiction The First-tier Tribunal for Scotland currently (as of 2023) consists of six chambers, each with a Chamber President: Future planned jurisdiction As of 2023, is planned that the Health and Education chamber will inherit the jurisdictions of the NHS National Appeal Panel for Entry to the Pharmaceutical Lists and the NHS Tribuna ...
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Courts And Tribunals Established In 2014
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law. In both common law and civil law legal systems, courts are the central means for dispute resolution, and it is generally understood that all people have an ability to bring their claims before a court. Similarly, the rights of those accused of a crime include the right to present a defense before a court. The system of courts that interprets and applies the law is collectively known as the judiciary. The place where a court sits is known as a venue. The room where court proceedings occur is known as a courtroom, and the building as a courthouse; court facilities range from simple and very small facilities in rural communities to large complex facilities in urban communities. The practical authority given to the c ...
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Sheriff Appeal Court
The Sheriff Appeal Court is a court in Scotland that hears appeals from summary criminal proceedings in the sheriff courts and justice of the peace courts, and hears appeals on bail decisions made in solemn proceedings in the sheriff court. The Sheriff Appeal Court also hears appeals in civil cases from the sheriff courts, including the Sheriff Personal Injury Court. The Sheriff Appeal Court was established for criminal appeals on 22 September 2015, as part of Lord Gill’s Scottish Civil Courts Reforms, to deal with criminal appeals. The bench, there is no jury, generally comprises two or three appeal sheriffs depending on the type of appeal to be considered. Bail hearings are presided over by a single appeal sheriff. The criminal court sits in the Justiciary Building in the Lawnmarket in Edinburgh. The court's jurisdiction was extended to civil appeals on 1 September 2016, before that date civil appeals were heard either by the sheriff principal for each sheriffdom or ...
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Question Of Law
In law, a question of law, also known as a point of law, is a question that must be answered by applying relevant legal principles to interpretation of the law. Such a question is distinct from a question of fact, which must be answered by reference to facts and evidence as well as inferences arising from those facts. Answers to questions of law are generally expressed in terms of broad legal principles and can be applied to many situations rather than be dependent on particular circumstances or factual situations. An answer to a question of law as applied to the particular facts of a case is often referred to as a ''conclusion of law''. In several civil law jurisdictions, the highest courts deem questions of fact as having been settled by the lower courts and will only consider questions of law. They thus may refer a case back to a lower court to re-apply the law and answer any fact-based evaluations based on their answer on the application of the law. International courts such as t ...
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Laity
In religious organizations, the laity () consists of all members who are not part of the clergy, usually including any non-ordained members of religious orders, e.g. a nun or a lay brother. In both religious and wider secular usage, a layperson (also layman or laywoman) is a person who is not qualified in a given profession or does not have specific knowledge of a certain subject. The phrase "layman's terms" is used to refer to plain language that is understandable to the everyday person, as opposed to specialised terminology understood only by a professional. Some Christian churches utilise lay preachers, who preach but are not clergy. The Church of Jesus Christ of Latter-day Saints uses the term ''lay priesthood'' to emphasise that its local congregational leaders are unpaid. Terms such as ''lay priest'', ''lay clergy'' and ''lay nun'' were once used in certain Buddhist cultures to indicate ordained persons who continued to live in the wider community instead of retiring t ...
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Sheriff
A sheriff is a government official, with varying duties, existing in some countries with historical ties to England where the office originated. There is an analogous, although independently developed, office in Iceland that is commonly translated to English as ''sherif''. Description Historically, a sheriff was a legal official with responsibility for a shire, the term being a contraction of " shire reeve" (Old English ). In British English, the political or legal office of a sheriff, term of office of a sheriff, or jurisdiction of a sheriff, is called a shrievalty in England and Wales, and a sheriffdom in Scotland. In modern times, the specific combination of legal, political and ceremonial duties of a sheriff varies greatly from country to country. * In England, Northern Ireland, or Wales, a sheriff (or high sheriff) is a ceremonial county or city official. * In Scotland, sheriffs are judges. * In the Republic of Ireland, in some counties and in the cities of Dubli ...
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Judiciary Of Scotland
The judiciary of Scotland are the judicial office holders who sit in the courts of Scotland and make decisions in both civil and criminal cases. Judges make sure that cases and verdicts are within the parameters set by Scots law, and they must hand down appropriate judgments and sentences. Judicial independence is guaranteed in law, with a legal duty on Scottish Ministers, the Lord Advocate and the Members of the Scottish Parliament to uphold judicial independence, and barring them from influencing the judges through any form of special access. The Lord President of the Court of Session is the head of Scotland's judiciary and the presiding judge of the College of Justice (which consists of the Court of Session and High Court of Justiciary.) As of May 2016, the Lord President was Lord Carloway, who was appointed in December 2015 having previously served as Lord Justice Clerk. The Lord President is supported by the Judicial Office for Scotland which was established on 1 A ...
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Advocate
An advocate is a professional in the field of law. Different countries' legal systems use the term with somewhat differing meanings. The broad equivalent in many English law–based jurisdictions could be a barrister or a solicitor. However, in Scottish, Manx, South African, Italian, French, Spanish, Portuguese, Scandinavian, Polish, Israeli, South Asian and South American jurisdictions, "Advocate" indicates a lawyer of superior classification. "Advocate" is in some languages an honorific for lawyers, such as " Adv. Sir Alberico Gentili". "Advocate" also has the everyday meaning of speaking out to help someone else, such as patient advocacy or the support expected from an elected politician; this article does not cover those senses. Europe United Kingdom and Crown dependencies England and Wales In England and Wales, Advocates and proctors practiced civil law in the Admiralty Courts and also, but in England only, in the ecclesiastical courts of the Church of England, ...
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Solicitor
A solicitor is a legal practitioner who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally-defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and enabled to practise there as such. For example, in England and Wales a solicitor is admitted to practise under the provisions of the Solicitors Act 1974. With some exceptions, practising solicitors must possess a practising certificate. There are many more solicitors than barristers in England; they undertake the general aspects of giving legal advice and conducting legal proceedings. In the jurisdictions of England and Wales and in Northern Ireland, in the Australian states of New South Wales, Victoria, and Queensland, Hong Kong, South Africa (where they are called '' attorneys'') and the Republic of Ireland, the legal profession is split between solicitors and barristers (called ''advocates'' in some countries, for example Scotland), ...
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President Of The Scottish Tribunals
President most commonly refers to: *President (corporate title) *President (education), a leader of a college or university *President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese full-size sedan * Studebaker President, a 1926–1942 American full-size sedan * VinFast President, a 2020–present Vietnamese mid-size SUV Film and television *''Præsidenten'', a 1919 Danish silent film directed by Carl Theodor Dreyer *The President (1928 film), ''The President'' (1928 film), a German silent drama *President (1937 film), ''President'' (1937 film), an Indian film *The President (1961 film), ''The President'' (1961 film) *The Presidents (film), ''The Presidents'' (film), a 2005 documentary *The President (2014 film), ''The President'' (2014 film) *The President (South Korean TV series), ''The President'' (South Korean TV series), a 2010 South Korean television series *The President (Palestinian TV series), ''The President'' ...
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Courts Reform (Scotland) Act 2014
The Courts Reform (Scotland) Act 2014 is an Act of the Scottish Parliament passed in October 2014 to improve access to the civil justice system and while making the Court of Session a place for the more complex cases. History The Bill was introduced by Kenny MacAskill Kenneth Wright MacAskill (born 28 April 1958) is a Scottish politician who has been Member of Parliament (MP) for East Lothian since 2019. He previously served as Cabinet Secretary for Justice from 2007 to 2014 and was a Member of the Scottish ... MSP on 6 February 2014. The Bill was passed by the Parliament on 7 October 2014. It received Royal Assent on 6 May 2015. Provisions The legislation created a national Sheriff Appeal Court. The legislation raised the threshold from £5,000 to £100,000 for a case to be brought to the Court of Session. Some changes, such as a reduced ability to recover counsel's fees, make arbitration a more attractive means of dispute resolution. References {{Reflist External link ...
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