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The sheriff, having resumed consideration of the summary application, finds the following facts proved or admitted:
THEREFORE Allows the appeal; Directs the defender to remove the pursuer from the children’s list kept by them under section 1 of the Protection of Vulnerable Groups (Scotland) Act 2007; Finds the defenders liable to the pursuer in the expenses of the action as taxed; Allows the pursuer to put in an account of those expenses; Remits to the Auditor of Court to tax and report thereon.
Appeal The pursuer appeals in this summary application against the defenders’ decision to include her in the children’s list [6] .
Scope of Appeal In England, the equivalent appeal lies to the Upper Tribunal and is restricted to what might be termed “judicial review” grounds” [7] .
Expenses The defenders conceded the pursuer would be entitled to expenses in the event the appeal succeeded. They would not have sought expenses had it failed.
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