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Search Results for: Act of Settlement 1700
Cherry, Reclaiming Motion By Joanna Cherry QC MP and Others v The Advocate General: SCS 11 Sep 2019
(First Division, Inner House) The reclaimer challenged dismissal of her claim for review of the recent decision for the prorogation of the Parliament at Westminster. Held: Reclaim was granted. The absence of reasons allowed the court to infer that the reason for the prorogation was unlawful.‘It was the role of the courts to protect Parliament. … Continue reading Cherry, Reclaiming Motion By Joanna Cherry QC MP and Others v The Advocate General: SCS 11 Sep 2019
Terrell v Secretary of State for the Colonies: 1953
A judge of the Supreme Court of Malaya had been appointed in 1930 on the understanding that the retiring age should be sixty-two. When Malaya was overrun by the Japanese in 1942 he was retired on a pension, some time before he had reached sixty-two, . .
Mazhar v The Lord Chancellor: FD 12 Oct 2017
The claimant had been subject to a without notice order allowing him to be taken against his will to hospital for treatment. He said that, having capacity himself, the court had no power to make such an order. A settlement of damages having been agreed, the court now considered whether a declaration as to the … Continue reading Mazhar v The Lord Chancellor: FD 12 Oct 2017
S v S (Ancillary Relief: Consent Order): FD 4 Mar 2002
An order for ancillary relief had been made by consent. Later the House of Lords issued a judgment which changed the law which had been the basis of the decision to accept the settlement. The wife now sought to set aside the consent order, and appealed refusal to allow this. Held: The four tests in … Continue reading S v S (Ancillary Relief: Consent Order): FD 4 Mar 2002
Brown v The Parole Board for Scotland, The Scottish Ministers and Another: SC 1 Nov 2017
The court was asked whether the duty under article 5 to provide prisoners with a real opportunity for rehabilitation applied to prisoners serving extended sentences. The prisoner was subject to an extended sentence, but had been released on licence and, after a breach, recalled. Having served the full original sentence, he now complained that the … Continue reading Brown v The Parole Board for Scotland, The Scottish Ministers and Another: SC 1 Nov 2017
Criterion Properties Plc v Stratford UK Properties Llc and others: ChD 27 Mar 2002
Criterion sought to set aside a shareholders agreement. Their partner had said they were concerned that another party was taking Criterion over and that this would put at risk their working relationships. The agreement sought to add a poison pill to . .