FOI/202000060718 · FOI · unclear
Access to the courts and the right to a fair hearing: FOI release
Information requested
'Access to the courts and the right to a fair hearing' in the Scottish Courts. You are looking for 'legal text' on three matters, and I will deal with them in turn
Response
You are looking for 'legal text' on three matters, and I will deal with them in turn. Totally Without Merit (TWM) findings on an application or claim Section 27B of the Court of Session Act 1988 as inserted by section 89 of the Courts Reform (Scotland) Act 2014 provide for the requirements for permission to proceed with an application for judicial review.
Civil Restraint Orders (CRO) against an individual or company Civil restraint orders are not provided for in Scotland. However, you might be interested in the provisions relating to vexatious litigants in sections 100 to 102 of the Courts Reform (Scotland) Act 2014. No automatic right for renewal of permission to appeal at an oral hearing in the Court of Session(Court of Appeal) Section 27D of the Court of Session Act 1988 as inserted by section 89 of the Courts Reform (Scotland) Act 2014 provide for appeals following oral hearing in judicial review. The Courts Reform (Scotland) Act 2014 can be accessed at: https://www.legislation.gov.uk/asp/2014/18/contents. You may also wish to consider Chapters 58 and 41of the Rules of the Court of Session which provide for judicial review and appeals under statute respectively and can be viewed at: https://www.scotcourts.gov.uk/rules-and-practice/rules-of-court/court-of-session-rules. About FOI
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Contact Please quote the FOI reference Central Enquiry Unit Email: ceu@gov.scot Phone: 0300 244 4000 The Scottish Government St Andrews House Regent Road Edinburgh EH1 3DG
Detected exemption language
Totally Without Merit (TWM) findings on an application or claim Section 27B of the Court of Session Act 1988 as inserted by section 89 of the Courts Reform (Scotland) Act 2014 provide for the requirements for permission to proceed with an application for judicial review. No automatic right for renewal of permission to appeal at an oral hearing in the Court of Session(Court of Appeal) Section 27D of the Court of Session Act 1988 as inserted by section 89 of the Courts Reform (Scotland) Act 2014 provide for appeals following oral hearing in judicial review.
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