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Vexatious Actions (Scotland) Act 1898

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E+W+S+N.I.

Vexatious Actions (Scotland) Act 1898

1898 CHAPTER 35 61 and 62 Vict

An Act to prevent vexatious Legal proceedings in Scotland.

[12th August 1898]

1 Power of Court of Session to prohibit institution of action without leave.E+W+S+N.I.

It shall be lawful for the Lord Advocate to apply to either Division of the Inner House of the Court of Session for an order under this Act, and if he satisfies the Court that any person has habitually and persistently instituted vexatious legal proceedings without any reasonable ground for instituting such proceedings, whether in the Court of Session or in any inferior court, and whether against the same person or against different persons, the Court may order that no legal proceedings shall be instituted by that person in the Court of Session or any other court unless he obtains the leave of [F1a judge sitting in the Outer House] on the Bills in the Court of Session, having satisfied the [F1judge] that such legal proceeding is not vexatious, and that there is prima facie ground for such proceeding. A copy of such order shall be published in the Edinburgh Gazette.

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C1S.1: power to transfer certain functions conferred (6.5.1999) S.I. 1999/901, art. 5, Sch.

[F21A

A decision of the Lord Ordinary to refuse leave, under section 1 of this Act, to institute legal proceedings shall be final.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

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2 Short title.E+W+S+N.I.

This Act may be cited as the Vexatious Actions (Scotland) Act 1898.

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