Legal Definitions - praevento termino

Praevento termino is a legal term originating from Scots law, meaning "by anticipating the term." It refers to a specific type of legal action that can be brought before the Court of Session, which is Scotland's highest civil court.

The primary purpose of a praevento termino action is to proactively prevent or mitigate potential delays in certain legal proceedings, specifically those involving a "suspension" or an "appeal." A suspension is a legal process used to challenge or temporarily halt a decision or order, while an appeal is a request for a higher court to review a lower court's decision. Essentially, this legal mechanism allows a party to ask the court to expedite these processes when there is a genuine concern that unwarranted delays might otherwise occur, ensuring that justice is not unduly postponed.

• Example 1: Business Suspension

  Imagine a small business in Scotland receives an order from a regulatory body to immediately cease a particular operation, which the business believes is based on a misinterpretation of the law. The business decides to initiate a "suspension" action in the Court of Session to challenge this order. If there's a procedural hurdle or an indication that the regulatory body might intentionally delay the initial hearing of this suspension, the business could apply for a praevento termino. This action would compel the court to address the suspension more quickly, preventing the business from suffering prolonged financial losses due to an potentially unlawful order.

• Example 2: Property Appeal

  Consider a complex property dispute where a lower court (the Sheriff Court) has made a ruling, and one party wishes to appeal this decision to the Court of Session. The appealing party has reason to believe that the opposing side might employ tactics to deliberately prolong the appeal process – perhaps by delaying the submission of necessary documents or requesting numerous postponements – thereby causing significant financial or practical detriment to the appellant. In such a scenario, the appealing party could invoke praevento termino to ask the Court of Session to expedite the appeal proceedings and ensure it progresses without unwarranted delays.

• Example 3: Urgent Public Interest Appeal

  Suppose a community group in Scotland is appealing a local council's decision to grant planning permission for a development that they argue will severely damage a protected natural habitat. The developer is eager to start construction, and there's a concern that the standard appeal timeline might allow preliminary work to begin, causing irreversible damage before the appeal is fully heard. The community group could use praevento termino to request an accelerated hearing of their appeal, aiming to prevent the potential harm that would occur if the appeal process were to proceed at its usual, slower pace.