Re LC  ScotSC 19/5/05
A sheriff may dispense with intimation, or notification, of an application for Guardianship where such intimation "would be likely to pose a serious risk to the health of the adult". It was held that it was insufficient for the medical practitioners to simply repeat the words which appear in the statute and that concise and articulate reasons should be given in order that the court has proper information on which to form a view.
The relevant provision is Rule 184.108.40.206 of the Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999, which was introduced by the Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) Amendment (Adults with Incapacity) 2001.
Application in respect of Mrs LC (AW 38/05 Glasgow Sheriff Court 19 May 2005)