Stewart v Stewart

JurisdictionScotland
Date1984
Year1984
CourtSheriff Court
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5 cases
  • Helen Lennox Against Iceland Foods Ltd
    • United Kingdom
    • Sheriff Personal Injury Court (Scotland - United Kingdom)
    • 13 December 2022
    ...a pursuer unreasonably to initiate or continue an action when it has no or substantially no chance of success see Stewart v Stewart 1984 SLT (Sh Ct) 58, at page 61 and Scottish Ministers v Stirton [2013] SCLR 209, per Lady Stacy at para [29] 15 [42] The essential question is whether the act......
  • Barry Nelson V. David Macbeath
    • United Kingdom
    • Sheriff Court
    • 18 January 2007
    ...had applied their minds to the action. Reference was made to the decision of Sheriff Ireland QC (as he then was) in Stewart v Stewart 1984 SLT (Sh Ct) 58 and it was submitted that, according to Sheriff Ireland, the only criterion required to constitute an abuse of process was a failure on t......
  • The Scottish Ministers For Expenses In Respect Of A Recovery Order In Terms Of Section 266 Of The Proceeds Of Crime Act 2002 In Respect Of Russell Sti
    • United Kingdom
    • Court of Session
    • 17 October 2012
    ...the expenses so caused could be granted against the law agent. Counsel referred to Bremner v Bremner 1998 SCLR 561, Stewart v Stewart 1984 SLT (Sh Ct) 58, Blyth v Watson 1987 SCLR 459, McKie v Scottish Ministers 2006 SC 528, Maltby v DJ Freeman & Co [1978] 1WLR 431, Myers v Elman 1949 AC 28......
  • Russell v Russell
    • United Kingdom
    • Court of Session (Outer House)
    • 24 October 2017
    ...848; [1994] BCC 390; [1997] Costs LR 268; [1994] 2 FLR 194; [1955–95] PNLR 636; [1994] FamLaw 560; [1994] EG 15 (CS) Stewart v Stewart 1984 SLT (Sh Ct) 58 Walker v Walker (1903) 5 F 320; 10 SLT 551 Textbooks etc referred to: Macfadyen, DJD, Court of Session Practice (Bloomsbury Professional......
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