Re LC [2005] 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.

Related case

Re DC (Dispensing with Service of Applications under the Adults with Incapacity (Scotland) Act 2000 on the Adult) [2010] ScotSC 6 - cites Re LC

Related legislation

The relevant provision is Rule 3.1.6.5 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.

Citations

Application in respect of Mrs LC (AW 38/05 Glasgow Sheriff Court 19 May 2005)

External link

Transcript on Scottish Courts website