Category: Scotland

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Allison v HM Advocate – Times Law Reports

Posted February 17th, 2010 in criminal records, disclosure, law reports, Scotland, witnesses by sally

Allison v HM Advocate

Supreme Court

“In criminal proceedings in Scotland, the Crown was under the same obligation to disclose to the defence any outstanding charges against a prosecution witness as it was to disclose a witness’s previous convictions.”

The Times, 17th February 2010

Burns v HM Advocate [2008] UKPC 63; [2008] WLR (D) 392

Burns v HM Advocate – WLR Daily

Posted December 18th, 2008 in criminal procedure, delay, human rights, law reports, Scotland by sally

“Where a defendant, who was resident in Scotland, was interviewed in England by police officers who told him that there was sufficient evidence on which to charge him with offences relating to child pornography and that they would recommend such a course, the reasonable time requirement to which he was entitled under art 6(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms, as scheduled to the Human Rights Act 1998, was to be calculated from the date of that interview and not from the later date on which the Lord Advocate, as the competent authority in Scotland, required the defendant to answer charges on which he was indicted to stand trial in Scotland.”

WLR Daily, 17th December 2008

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

McDonald v HM Advocate – Times Law Reports

Posted November 5th, 2008 in devolution issues, disclosure, law reports, Privy Council, Scotland by sally

McDonald v HM Advocate

Privy Council

“The refusal by the High Court of Justiciary in Scotland to receive a devolution minute was the determination of an issue sufficient to give jurisdiction to the Judicial Committee of the Privy Council to hear an appeal.”

The Times, 5th November 2008

Helow v Secretary of State for the Home Department [2008] UKHL 62; [2008] WLR (D) 00; [2008] WLR (D) 326

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Helow v Secretary of State for the Home Department – WLR Daily

Posted October 24th, 2008 in bias, judiciary, law reports, race discrimination, Scotland by sally

“A judge’s membership of a Jewish association whose magazine had expressed extreme views against Palestinian causes did not in itself imply that the judge shared or endorsed such views so as to require her determination of an immigration appeal by a Palestinian activist to be set aside.”

WLR Daily, 23rd October 2008

Common Services Agency v Scottish Information Commissioner

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Common Services Agency v Scottish Information Commissioner – Times Law Reports

Posted July 14th, 2008 in data protection, freedom of information, law reports, Scotland by sally

House of Lords

“Information concerning the incidence of childhood leukaemia in a particular postal area should not be disclosed unless either it could be anonymised so that it was not personal data or could be released in a form which did not contravene one of the data protection principles under the Data Protection Act 1998.”

The Times, 14th July 2008

Common Services Agency v Scottish Information Commissioner [2008] UKHL 47; [2008] WLR (D) 231

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Common Services Agency v Scottish Information Commissioner – WLR Daily

Posted July 11th, 2008 in data protection, freedom of information, law reports, Scotland by sally

“Information which in its basic form would constitute ‘personal data’ for the purposes of s 1(1) of the Data Protection Act 1998 could be released under the Freedom of Information (Scotland) Act 2002 provided it had been modified in such a way that it was rendered anonymous, so that no individual from whom it was derived was identifiable, as it would then no longer be ‘personal data’ within the meaning of s 1(1).”

WLR Daily, 10th July 2008

King v Serious Fraud Office

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

King v Serious Fraud Office – Times Law Reports

Posted May 23rd, 2008 in jurisdiction, law reports, proceeds of crime, Scotland by sally

Court of Appeal

“A restraint order made in an English court after a request from a foreign prosecutor for such an order on property did not apply to property in Scotland.”

The Times, 23rd May 2008

Please note the Times Law Reports are only available free on Times Online for 21days from the date of publication.

Hands off our kilts: Scots bid to copyright their national dress – The Independent

Posted February 29th, 2008 in news, protected designations of origin, Scotland by sally

“To Scotland, it is as important as Parmesan is to Italy and champagne is to France. Now the national dress, the kilt, could soon get the same type of brand protection as its European counterparts.”

The Independent, 29th February 2008

Source: www.independent.co.uk

Ban on children held in prisons – BBC News

Posted February 21st, 2008 in children, news, prisons, Scotland by sally

“The Scottish Government is to scrap laws which allow children under 16 to be held in jail without having been convicted of an offence.”

BBC News, 21st February 2008

Source: www.bbc.co.uk

Decision against animal snare ban- BBC News

Posted February 20th, 2008 in animal cruelty, news, Scotland by sally

“The Scottish Government has decided against a ban on animal snares.”

BBC News, 20th February 2008

Source: www.bbc.co.uk

Rent a home in Scotland and get cancer drugs free, QC tells English patients – The Times

Posted November 14th, 2007 in cancer, medicines, news, Scotland by sally

“English cancer patients should rent a second home in Scotland to gain access to drugs not available in England, an expert on NHS law suggested yesterday.”

The Times, 14th November 2007

Proposal to cut Scottish MPs out of English votes ‘would put Union in peril’ – The Times

Posted October 29th, 2007 in constitutional law, news, parliament, Scotland by sally

“The constitutional relationship between England and the rest of the United Kingdom has been thrown to the centre of the next general election after senior Conservatives backed plans to strip Scottish MPs of the right to vote on English matters.”

The Times, 29th October 2007

Somerville and others v Scottish Ministers (HM Advocate General for Scotland intervening)

Somerville and others v Scottish Ministers (HM Advocate General for Scotland intervening) – WLR Daily

Posted October 25th, 2007 in damages, human rights, law reports, Scotland, time limits by sally

“The time-limit in s 7(5) of the Human Rights Act 1998 did not apply to a claim for damages based on breach of a Convention right by a member of the Scottish Executive where the act or failure to act relied on was outside devolved competence and thus ultra vires in terms of the Scotland Act 1998.”

WLR Daily, 17th October 2007

Moncrieff and another v Jamieson and others [2007] UKHL 42

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Moncrieff and another v Jamieson and others – WLR Daily

Posted October 18th, 2007 in law reports, parking, Scotland, servitudes by sally

“A servitude right to park vehicles, where necessary for the comfortable use and enjoyment of a right of vehicular access, was capable of being constituted in the law of Scotland as ancillary thereto.”

WLR Daily, 17th October 2007

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

English lawyers take the high road – The Lawyer

Posted September 5th, 2007 in legal profession, Scotland by sally

“A poor work-life balance and the high cost of living is leading English lawyers to head north of the border to practise, according to Scottish law firms and recruiters.”

The Lawyer, 3rd September 2007

Source: www.thelawyer.com

Estranged husband not entitled to share of win – The Times

Posted August 16th, 2007 in divorce, Scotland, special report by sally

“Gerry Cunningham is a lucky man. This morning his estranged lottery-winning wife Angela promised to share her winnings but under Scottish law she has no obligation to be so generous.”

The Times, 15th August 2007

Lockerbie bomber granted second legal appeal – The Times

Posted July 3rd, 2007 in miscarriage of justice, murder, news, Scotland by sally

“A former Libyan intelligence officer found guilty of the 1988 Lockerbie bombing was given permission today to launch a second appeal against his conviction.”

The Times, 3rd July 2007

Lockerbie bomber granted new appeal – Daily Telegraph

Posted June 29th, 2007 in appeals, murder, news, Scotland by sally

“The Libyan intelligence agent convicted of the Lockerbie bombing has been granted a second appeal after an independent commission ruled yesterday that his conviction was unsafe.”

Wilson v. Jaymarke Estates Ltd.

Daily Telegraph, 29th June 2007

Source: www.telegraph.co.uk

Wilson v. Jaymarke Estates Ltd. – Times Law Reports

Posted June 28th, 2007 in appeals, jurisdiction, law reports, Scotland by sally

Advocates must respect privilege

House of Lords

“Although an appeal to the House of Lords could be brought without leave from the Inner House of the Court of Session in an appeal against a final judgment of a sheriff court, the appeal was limited to questions of law.”

The Times, 28th June 2007