Lilburn, noter

Civil procedure – Appeal by stated case – Application to ordain Pensions Ombudsman to state case – Power to allow late application. Court of Session: Refusing an application to ordain the Pensions Ombudsman to state a case in relation to a former deputy Pensions Ombudsman's determination dated 28 March 2008, in which the primary issue was whether, given the significant passage of time since the determination, the court ought to allow the application late, by relieving the noter of the consequences of his failure to comply with the 14-day period prescribed by the Court of Session Rules, the court held that even if there was a stateable ground of appeal the time which had elapsed rendered it inappropriate for the court to exercise its discretion to invoke the dispensing power under RCS 2.1 to allow the commencement of a stated case procedure over 9 years after the relative decision.

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