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Keywords: Litigation
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Chapter
Published: 13 September 2022
...This chapter sets out the terms of Section 101 of the Courts Reform (Scotland) Act 2014 in relation to the making of a Vexatious Litigant Order. It outlines the two stage test which the court has to apply and the competing interests involved. It suggests changes to existing procedure to curtail...
Book

Iain W Nicol (ed.) and James S Flett (ed.)
Published online: 21 September 2023
Published in print: 13 September 2022
...Foreword I welcome this opportunity to provide the foreword to Iain Nicol and James Flett s book. I regard it as an honour to be asked to do so. Iain is a well-respected legal practitioner in Scotland and is regarded as an expert in civil litigation in our jurisdiction, particularly in the field...
Chapter
Published: 30 July 2014
... context of dispute resolution with regard to civil as well as criminal jurisdiction. It examines the relationships between methods of dispute resolution such as feud, informal settlement mechanisms such as arbitration, formal litigation and other means of resolving disputes in sixteenth-century Scotland...
Chapter
Published: 01 September 2019
...This chapter draws on the findings of an EU-funded project titled (‘Cross-Border Litigation in Europe: Private International Law Legislative Framework, National Courts and the Court of Justice of the European Union’ (EUPILLAR) and discusses concerns over the lack of uniformity in the interpretation...
Chapter
Published: 01 February 2009
..., costs and interests in mediation and litigation; who will attend the mediation meeting; drawing up or approving the settlement agreement; kinds of disputes that are appropriate for commercial mediation; possible downsides of mediation; and options for setting up commercial mediation. commercial...
Chapter
Published: 30 April 2013
... minorities Jehovah's Witnesses litigation Macedonians Muslims religious minorities religious freedom Constitution discrimination legal mobilisation Orthodox Church of Greece OCG place s of worship citizenship Lausanne Treaty NGOs proselytism Thrace Committee of Ministers friendly settlement...
Chapter
Published: 31 August 2012
... Wallace George adv commissary extractors House of Lords macers numerus clausus WS Society Chalmers James attorney Bremen College members litigation London notaries public Paris lords of session baton bill of advocation bill of suspension Bill Chamber gowns keeper of the bar pleading...
Chapter
Published: 30 June 2010
... the fact that parties to disputes are usually “repeat players” rather than “one shotters” means that there is frequently a reluctance to litigate and a preference for private and flexible alternatives. The chapter considers the spectrum of responses to disputes under four headings: unilateral action...
Chapter
Published: 31 August 2012
... of the court. The effectiveness of the court, given its personnel, is considered. Court of Session oaths Union of 1707 Baillie William adv SCJ Polkemmet Hill Burton John Lockhart Sir George adv LP Carnwath community Kilkerran's Decisions litigation lords of session Dalrymple Sir James adv 1648 LP...
Chapter
Published: 31 August 2012
... Kenneth Mackenzie of Delvine is considered and criteria developed in order to identify the leading practitioners at the Scots bar in the eighteenth century. The fluctuating size of the practising bar is also discussed and contextualised in terms of the rate of litigation within the Court of Session. Non...
Chapter
Published: 30 April 2013
... Court detention ethnic minorities Jehovah's Witnesses Muslims religious minorities human rights groups litigation Macedonians national courts racial violence Roma deportation fair trial prisoners' rights discrimination European Roma Rights Centre administrative courts judicial review...
Chapter
Published: 01 September 2019
...There is a key value embedded in the EU regime: legal certainty, as explained by Marta Requejo Isidro in this final chapter of Part I. Requejo Isidro examines the impoverishment that Brexit represents in the specific context of private international law and transnational litigation, in both...
Chapter
Published: 01 September 2018
...This chapter puts pressure on the ‘mass and elite model’ of Athenian litigation introduced by Ober. According to this framework, litigation is a game played by elite litigants and mass audiences; the ‘masses’ constitute a monolithic body with identical preferences; the ‘elites’ are thoroughly aware...
Chapter
Published: 01 September 2019
... related institutions and their interplay with cross-border civil and commercial litigation. The successful outcomes of the Judgment Project might be tested under multiple criteria, such as minimum standards of uniformity - with diversity being preserved at domestic normative levels-, predictability...