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Court of Session Act 1988
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27 Special cases.S
(1)Where any parties interested, whether personally or in some fiduciary or official capacity, in the decision of a question of law are agreed upon the facts, and are in dispute only on the law applicable to those facts, it shall be competent for them without raising any proceeding, or at any stage of any proceeding, to present to the Inner House a case (in this section referred to as a special case) signed by their counsel setting out the facts upon which they are so agreed and the question of law arising from those facts; and the parties may ask the Court either for its opinion or for its judgment on that question of law.
[F1(1A)To the extent that an application to the supervisory jurisdiction of the Court is in respect of proceedings under section 7(1)(a) of the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024, in calculating the period of 3 months in subsection (1)(a), any time during which the person by or on whose behalf the application was made was under the age of 18 is to be disregarded.]
(2)The Court may, if it thinks fit, in case of difficulty or importance or of equal division, appoint a special case to be reheard by a larger court under section 36 of this Act.
(3)The Court shall dispose of all questions of expenses arising in a special case.
(4)Any judgment pronounced by the Court by virtue of this section shall be extractible in common form.
(5)Any judgment pronounced by the Court by virtue of this section shall be liable to review by the [F2Supreme Court] unless such review is excluded by consent of all the parties to the special case.
Textual Amendments
F1S. 27(1A) added (16.7.2024) by United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024 (asp 1), ss. 7(13), 47(2)(a)
F2Words in s. 27(5) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 49(3); S.I. 2009/1604, art. 2(d)
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