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Civil procedure – Summary cause action for delivery of documents – Competency: Sheriff Court: Allowing an apppeal in a summary cause action in which the appellant sought delivery of certain files, records and documents the respondents held in connection with actions pending in the Court of Session, and which the sheriff considered was incompetently raised in the sheriff court as more appropriate methods were open to the appellant to obtain the remedy he sought, the court held that the sheriff had erred, because the existence of separate, or alternative, or more expeditious procedure could not justify dismissing as incompetent proceedings which were ex facie competent.
Civil procedure – Summary cause action for delivery of documents – Competency: Sheriff Court: Allowing an apppeal in a summary cause action in which the appellant sought delivery of certain files, records and documents the respondents held in connection with actions pending in the Court of Session, and which the sheriff considered was incompetently raised in the sheriff court as more appropriate methods were open to the appellant to obtain the remedy he sought, the court held that the sheriff had erred, because the existence of separate, or alternative, or more expeditious procedure could not justify dismissing as incompetent proceedings which were ex facie competent.
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Westgate Wealth Management Ltd is a Partner Practice of FTSE 100 company St. James’s Place – one of the top UK Wealth Management firms. We offer a holistic service of distinct quality, integrity, and excellence with the aim to build a professional and valuable relationship with our clients, helping to provide them with security now, prosperity in the future and the highest standard of service in all of our dealings.
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Most of us like to think we would risk our career in order to meet our ethical obligations, so why have so many lawyers failed to hold the line? asks Flora Page
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