In order to succeed in a minute asserting want of prosecution, the defender must show (i) that there had been both inordinate and inexcusable delay and (ii) that there was an ‘added element of unfairness . . specific to the particular factual context.’
A Scottish court can exercise its inherent jurisdiction in the case of an abuse of process by way of a procedural sanction such as dismissal without express parliamentary authority
Judges:
Lord Abernethy
Citations:
[2007] ScotCS CSIH – 48, 2008 SC 1
Links:
Citing:
See Also – Tonner and Another v Reiach and Hall OHCS 5-Aug-2005
. .
Cited by:
Cited – Cameron and Another v Hughes Dowdall SCS 28-Oct-2008
The pursuer sought damages for negligence by his solicitors. They had sold their business, but the solicitors were said to have failed to include in their contracts clauses necessary for their protection. The defenders claimed that the action should . .
Cited – Davies and Another (T/A All Stars Nursery) v The Scottish Commission for The Regulation of Care SC 27-Feb-2013
The appellants ran a day care nursery regulated under the 2001 Act. The Commission, being concerned at the care provided, sought to revoke the registration in proceedings before the Sherriff’s Court. Before they were concluded, the Commission was . .
Lists of cited by and citing cases may be incomplete.
Scotland, Litigation Practice
Updated: 11 July 2022; Ref: scu.253423
