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Applicants: MC MacKenzie; Gilfedder & McInnes (for K W Law, Livingston); Drummond Miller LLP (for Allcourt, Livingston)
[2] This is an application for an extension of time in which to lodge Bills of Advocation. The court acknowledges immediately that there appears to be a strong prima facie case that the sheriff erred in adjourning a summary trial diet for an extraordinary fifth time for the same apparent reason of "lack of court time". This is particularly so given what appears to be not an uncommon problem in this particular sheriff court (see Robertson v PF Livingston [2012] HCJAC 169, under reference to Hendry v PF Livingston [2012] XJ619/12).
is one which might have been thought to have been at the forethought of the thinking of the criminal practitioner.
[3] The court does not consider that ignorance of the law in relation to time limits, professed by agents practising in the very field in which they are applicable, constitutes any form of explanation which can be excused in terms of the statutory provisions. In these circumstances the applications are refused.
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