Full Description
The nobile officium - the equitable jurisdiction of the Supreme Courts of Scotland - has the potential to be of continuing use today. But its scope and limitations are poorly understood. This is the first book to systematically examine the nobile officium. Placing it in its historical and conceptual context, the book explores the development and application of the nobile officium. It covers areas as diverse as trusts; judicial factors, curators, tutors and guardians; bankruptcy, insolvency and sequestration; custody of children; public officers; statutory omissions; civil procedure; and criminal law and procedure.
Contents
ForewordPrefaceTable of casesTable of statutesTable of orders, rule and regulations
1 INTRODUCTION1.1 General introduction1.2 Historical background1.3 Conceptual location
2 TRUSTS2.1 Trustees a) Appointments of trustees b) Resignation and removal of trustees2.2 Powers of trustees and variation of trust purposes a) Enlargement of powers of trustees and authority to perform acts b) Authority for advances to beneficiaries c) Retrospective authorisation of acts d) Cy-près schemes and the administration of public trusts2.3 The necessity/expediency debate
3 JUDICIAL FACTORS, CURATORS, TUTORS AND GUARDIANS3.1 Appointment3.2 Powers3.3 Necessity and expediency
4. BANKRUPTCY, INSOLVENCY AND SEQUESTRATION4.1 Gazette notices a) Failure to (timeously) insert statutory notice b) Error in statutory notice c) Other4.2 Reporting,, recording and registration requirements4.3 Revival of sequestration/appointment of trustee4.4 Loss of process4.5 Recall of sequestration4.6 Discharge from sequestration4.7 Invalidation of company dissolution4.8 Other
5 CUSTODY OF CHILDREN
6 PUBLIC OFFICERS6.1 Interim appointment of public officers6.2 Assistance with administration of public office6.3 Deprovation of public office
7 STATUTORY OMISSIONS7.1 Terminology7.2 Omissions not always dealt with under the nobile officium7.3 Court of Session a) Failure to carry out statutory duty or obtemper statutory process b) Statutory process fails to achieve anticipated result c) Power lacking7.4 Judicial approach to statutory omissions
8 MISCELLANEOUS PROCEDURE8.1 Authority to change name8.2 Evidence and witnesses8.3 Contempt of court in civil proceedings8.4 Authorisation of sheriff officers8.5 Correction of errors, clerical mistakes an procedural omissions8.6 Substituted author to subscribe8.7 Application of substantive equity and equitable discretion8.8 Dispensing with other procedural requirements 8.9 Public records8.10 Other
9 THE HIGH COURT OF JUSTICiARY9.1 Statutory omissions9.2 Incompetency, unlawfulness and irregularity9.3 Excessiveness and oppression9.4 Bias, fairness and natural justice9.5 Errors9.6 Other procedural challenges9.7 Contempt of court
10 LIMITATIONS10.1 Scope of the nobile officium10.2 Extraordinary or unforeseen circumstances10.3 Relationship with statute10.4 No other remedy available10.5 Precedent
11 CONCLUSION
APPENDIX A: PROCEDURAL RULESAPPENDIX B: STATISTICS
Index
