United Kingdom: Court of Session (Scotland)

The Court of Session, Scotland's supreme civil court, sits as a court of first instance and a court of appeal. An appeal lies to the House of Lords. The court is divided into the Outer House and the Inner House. The Outer House hear cases at first instance on a wide range of civil matters, including cases based on delict (tort) and contract, commercial cases and judicial review. The Inner House is in essence the appeal court, though it has a small range of first instance business. It is divided into the First and the Second Divisions, of equal authority, and presided over by the Lord President and the Lord Justice Clerk respectively. The Divisions hear cases on appeal from the Outer House, the Sheriff Court and certain tribunals and other bodies. Website: www.scotcourts.gov.uk/session/index.asp

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Case Law 1

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OPINION OF LORD TYRE In the petition O M (Petitioner) against SECRETARY OF STATE FOR THE HOME DEPARTMENT (Respondent) [2018] CSOH 17 The observation by the court in MIAB at paragraph 68 that many of the time-limits in the Dublin III Regulation are solely intended to regulate the position as between different member states is, at least as regards the six month time limit in article 29(1), inconsistent with the Court’s ruling that an applicant is entitled to rely upon expiry of the time limit in order to resist a transfer to the requested state. The same goes for the obiter observation of the Lord Ordinary in BM at paragraph 26 that the time limits in article 29(1) are solely intended to regulate the matter between member states. nothing in Shiri that casts any doubt on the correctness of the views expressed in both MIAB and BM regarding the suspensive effect of an administrative cancellation of removal directions falling within article 27(4). 12 March 2018 \| Judicial Body: United Kingdom: Court of Session (Scotland) \| Document type: Case Law \| Legal Instrument: 2013 Dublin III Regulation (EU) \| Topic(s): Suspensive effect \| Countries: Sudan - United Kingdom of Great Britain and Northern Ireland

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