‘where a well-known and recognised jurisdiction is invoked by the Legislature for the purpose of carrying out a series of provisions which are important for the public without any specific form of process being prescribed, the presumption is that the ordinary forms of that Court are to be observed in carrying out the provisions, and, indeed, generally that the court has been adopted and chosen and selected because it is seen to be advisable that the ordinary rules of such Court and the forms of its procedure shall be applied to give effect to the provisions of the legislative Act’.
Judges:
Lord Justice Clerk Moncrieff
Citations:
(1882) 10 R 130
Jurisdiction:
Scotland
Cited by:
Cited – Glasgow City Council v DH and Another IHCS 17-Jul-2003
Exclusion orders had been sought under the Act, but refused for non-compliance with procedures under the Act. New applications were made to different courts, and the applicant said it was not open to the Authorities to make the same application . .
Lists of cited by and citing cases may be incomplete.
Scotland
Updated: 12 May 2022; Ref: scu.184722