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Fraser v Her Majesty’s Advocate: SC 25 May 2011

The defendant appealed against his conviction for murder, saying that the prosecution had failed to disclose certain matters. Held: The appeal succeeded, the conviction was quashed and the case remitted to the Scottish courts to consider whether there should be a retrial. As an appeal in a criminal matter, the Supreme Court had no jurisdiction … Continue reading Fraser v Her Majesty’s Advocate: SC 25 May 2011

Clark (Procurator Fiscal, Kirkcaldy) v Kelly: PC 11 Feb 2003

PC (The High Court of Justiciary) The minuter challenged the role of the legal adviser to the district courts in Scotland, and as to his independence. Held: The legal adviser was not subject to the same system of appointments as the justices. However the system provided for a right of appeal (section 175) on questions … Continue reading Clark (Procurator Fiscal, Kirkcaldy) v Kelly: PC 11 Feb 2003

AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011

Standing to Claim under A1P1 ECHR The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable harm for the purposes of an action of damages for personal injury. Held: The insurers’ appeals failed. … Continue reading AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011