The team are kept very busy and require to call upon the skill of an agent to represent them in actions in the Court of Session in Edinburgh, Scotland, UK.
Under this contract the Council has the following requirements:
1. Lodging court documents timeously;
2. Instructing Counsel to appear on behalf of the Council as and when required, liaising with Counsel and providing all relevant information to Counsel;
3. Advising the Council on procedural matters;
4. Reporting back to the Council with any decisions from the Court.
The Council cannot guarantee what work, if any, will be required to be undertaken by the successful tenderer. However, in order to provide some indication we can confirm that over the duration of the current contract the incumbent service provider has carried out the following work:
— Removal of travelling people in terms of Section 48 of the Court of Session Act.
— Defending an action for breach of the Public Contracts (Scotland) Regulations 2006.
— Defending an action for reparation for breach of the repairing obligations under a lease.
— Judicial Review of a decision of the Planning Authority for the installation of parking meters in St Andrews.
— Judicial Review of the Scottish Ministers decision to approve the Fife Structure Plan which has now been appealed to the Supreme Court.
— Defending Judicial Review by financial guardian in relation to community care funding
— Defending Judicial Review in respect of liability to support an offender on release from custody
— Appeal to the Court of Session regarding a placing request to a special school.