Category: Scotland

Lauchlan and Another v HM Advocate: HCJ 19 Apr 2012

Citations:

[2012] ScotHC HCJAC – 51

Links:

Bailii

Citing:

See Also – Lauchlan and Another v HM Advocate HCJ 5-Jun-2009
The appellants were charged with murder. They appealed against an extension of time given to allow the prosecution to proceed.
Held: The appeal failed. . .
See Also – HM Advocate v Lauchlan and Another SCS 17-Jul-2009
Decision as to preliminary issues raised. . .
See Also – HM Advocate v Lauchlan and Another HCJ 14-Jan-2010
. .
See Also – HM Advocate v Lauchlan and Another HCJ 2-Jul-2010
. .
See Also – Lauchlan and Another v Her Majesty’s Advocate HCJ 8-Feb-2012
. .

Cited by:

See Also – O’Neill v The United Kingdom ECHR 13-Nov-2012
. .
See Also – O’Neill v Her Majesty’s Advocate No 2 SC 13-Jun-2013
The appellants had been convicted of murder, it being said that they had disposed of her body at sea. They now said that the delay between being first questioned and being charged infringed their rights to a trial within a reasonable time, and . .
Lists of cited by and citing cases may be incomplete.

Scotland, Crime

Updated: 21 October 2022; Ref: scu.457594

Barclay and Others v HM Advocate: HCJ 11 Apr 2012

Citations:

[2012] ScotHC HCJAC – 47

Links:

Bailii

Jurisdiction:

Scotland

Citing:

Cited – Saunders v The United Kingdom ECHR 17-Dec-1996
(Grand Chamber) The subsequent use against a defendant in a prosecution, of evidence which had been obtained under compulsion in company insolvency procedures was a convention breach of Art 6. Although not specifically mentioned in Article 6 of the . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 21 October 2022; Ref: scu.457591

Addison v HM Advocate: HCJ 8 Oct 2014

Appeal against conviction for murder: ‘on two grounds, namely; (1) that he suffered a miscarriage of justice as a result of defective representation; and (2) that while awaiting trial he was deprived of the opportunity to instruct senior counsel of his choice.
Lord Justice General said: ‘The Law Society of Scotland Practice Rules 2011 provide that if a case requires appearance in a superior court, the solicitor must advise his client that it is for the client to decide whether a solicitor-advocate or counsel is instructed (rule B8.4.l(b)). That is a sound rule as far as it goes; but the decision of the client on [whether a solicitor advocate or counsel is instructed] must be an informed decision. To make such a decision the client must be advised of his options for representation. A mere recital of those options is no more than a formality if it is not supplemented by advice, a point on which the Practice Rules are silent. In my view, it is the duty of the accused’s solicitor to take all reasonable steps to ascertain which members of the Bar and solicitor advocates experienced in this area are, or may be, available to conduct the defence. Only then can a worthwhile decision on representation be made.
The observance of these duties may present the accused’s solicitor with a conflict of interest, especially if he is a solicitor advocate or if a senior member of his firm is a solicitor advocate. This court has already adverted to the latter problem in Woodside v HM Advocate 2009 SCCR 350 (at paras 71-74). It is a matter for concern that it continues. Even where there is no such obvious conflict of interest, the solicitor may nonetheless find it difficult to give wholly objective advice as to the choice of defender from those who are available. In the event, any advice that he gives may be thought to lack the appearance of objectivity.’

Judges:

Lord Justice General, Lord Justice Clerk, Lord Brodie

Citations:

[2014] ScotHC HCJAC – 110, 2014 GWD 32-626, 2014 SLT 995, 2015 JC 107, 2014 SCCR 608, 2014 SCL 835

Links:

Bailii

Jurisdiction:

Scotland

Cited by:

Cited – Maguire, Re Application for Judicial Review (Northern Ireland) SC 21-Mar-2018
The appellant faced a criminal trial. He was granted legal aid for two counsel. He asked for two particular junior counsel, but the certificate required him to instruct leading counsel and a junior. He objected that this deprived him of the right to . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Legal Professions

Updated: 19 October 2022; Ref: scu.537443

Coyle v Lanarkshire Health Board: SCS 25 Sep 2014

Extra Division – Inner House – the parties agreed that the midwives had been negligent in failing to call quickly enough for medical assistance, and that the child had suffered injury, but disagreed as to whether the failure had contributed to the injury.

Judges:

Lady Clark of Calton

Citations:

[2014] ScotCS CSIH – 78

Links:

Bailii

Jurisdiction:

Scotland

Professional Negligence

Updated: 15 October 2022; Ref: scu.537044

MBR v The Secretary of State for The Home Department: SCS 17 May 2013

Application: ‘to hold [the procedural judge’s] interlocutor of 12 February 2013 pro non scripto and, in any event, for determination of the application for leave by a quorum of three judges of the Inner House’.

Judges:

Lord Carloway. Lord Justice Clerk

Citations:

[2013] ScotCS CSIH – 66

Links:

Bailii

Jurisdiction:

Scotland

Immigration, Litigation Practice

Updated: 13 October 2022; Ref: scu.512060

A v The Secretary of State for The Home Department: SCS 17 May 2013

The reclaimer seeks recall of an interlocutor of Lord Boyd of Duncansby dated 7 November 2012 by which he allowed an amendment of the petition to anonymise the petitioner (the anonymity order) and gave directions in terms of section 11 of the Contempt of Court Act 1981 (the 1981 Act) prohibiting publication of the name of the petitioner and other matters (the section 11 order).

Judges:

The Lord President

Citations:

[2013] ScotCS CSIH – 43, 2013 SC 533, 2013 SLT 749, 2013 GWD 19-377

Links:

Bailii

Jurisdiction:

Scotland

Citing:

Leave – A, Re Permission To Appeal Under Section 103(B) of the Nationality, Immigration and Asylum Act 2002 SCS 18-Nov-2008
Application for permission to appeal against a determination of the Asylum and Immigration Tribunal . .

Cited by:

At Court of Session – A v British Broadcasting Corporation (Scotland) SC 8-May-2014
Anonymised Party to Proceedings
The BBC challenged an order made by the Court of Session in judicial review proceedings, permitting the applicant review to delete his name and address and substituting letters of the alphabet, in the exercise (or, as the BBC argues, purported . .
Lists of cited by and citing cases may be incomplete.

Media

Updated: 13 October 2022; Ref: scu.510125

In re Wanser Ltd: 1891

A landlord of Scottish property began proceedings after a winding up order for sequestration of the company’s goods on the premises in order to answer for future rent.
Held: North J allowed the sequestration to continue, being satisfied that under Scottish law the landlord was a secured creditor at the date of commencement of the winding up, and therefore in the same position as a mortgagee Proceedings in insolvency begun without the stipulated leave should not be regarded as irretrievably null but rather as existing and capable of redemption by the late giving of leave.

Judges:

North J

Citations:

[1891] 1 Ch 305

Jurisdiction:

England and Wales

Cited by:

Cited – Park v Cho and Others ChD 24-Jan-2014
The parties disputed the chairmanship of a charity. The claimant succeeded, but a third party later intervened saying that permission had not first been obtained from the Charity Commission as required. The defendant now appealed against the lifting . .
Lists of cited by and citing cases may be incomplete.

Insolvency, Scotland, Landlord and Tenant

Updated: 12 October 2022; Ref: scu.567273

Sportech Plc, Re An Order: SCS 7 Dec 2011

‘Unopposed application by Sportech plc (‘the company’) for an order cancelling its share premium account, which I have granted, raised questions as to the correct approach to the protection of creditors where the cancellation would give rise to distributable reserves. ‘

Citations:

[2012] ScotCS CSOH – 58

Links:

Bailii

Scotland, Company

Updated: 06 October 2022; Ref: scu.452644

Maclean v Procurator Fiscal, Glasgow: HCJ 19 Jan 2012

Citations:

[2012] ScotHC HCJAC – 34

Links:

Bailii

Jurisdiction:

Scotland

Citing:

Cited – Saunders v The United Kingdom ECHR 17-Dec-1996
(Grand Chamber) The subsequent use against a defendant in a prosecution, of evidence which had been obtained under compulsion in company insolvency procedures was a convention breach of Art 6. Although not specifically mentioned in Article 6 of the . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 06 October 2022; Ref: scu.452314

RM, Re Judicial Review: SCS 21 Mar 2012

The applicant was detained in a mental hospital. After losing a challenge to being moved to a higher security section he found that he was unable to appeal because the Scottish Parliament had not passed Regulations proving the structure for an appeal as was anticipated by the 2003 Act.
Held: His appeal was rejecetd.

Citations:

[2012] ScotCS CSOH – 53

Links:

Bailii

Statutes:

Mental Health (Care and Treatment) (Scotland) Act 2003

Citing:

At Outer House – RM v The Scottish Ministers SCS 27-Aug-2008
The petitioner, a detained mental patient challenged the validity of orders made by the Mental Health Tribunal established under the 2003 Act. He said that, the respondents having not passed regulations providing complete processes for the . .

Cited by:

Appeal from – RM v The Scottish Ministers SC 28-Nov-2012
The pursuer was held in a secure mental hospital. When moved to a highersecurity section, he challenged the move. He lost but then was unable to make an apeal as allowed iunder the 2003 Act because the Scottish Parliament had not created the . .
Lists of cited by and citing cases may be incomplete.

Scotland, Constitutional, Prisons

Updated: 06 October 2022; Ref: scu.452229

Smith and Miller and Mcmorrine and Robbie the Pict v Procurator Fiscal, Dingwall: HCJ 16 Dec 1999

The appellants challenged convictions under regulations imposing toll charges. They challenged the validity of the charges.
Held: The first challenge was that the people collecting the charges had not been properly appointed, being private contractors. The regulations had been complied with. Second the orders themselves were said not to have been published as required, having been incorrectly classified as local instruments. They were properly classified as local and did not have to be printed by the Queen’s printer and made available for sale.

Judges:

Lord Sutherland and Lord Marnoch and Lord Cowie

Citations:

[1999] ScotHC 251

Links:

Bailii

Statutes:

New Roads and Street Works Act 1991 38, Assignation Statement (Prescribed Information)(Scotland) Regulations 1991 (S.I. 1991/2152), Assignation Statement (Prescribed Information)(Scotland) Regulations 1991, Statutory Instruments Act 1946, Statutory Instruments Regulations 1947 (S.I. 1948/1)

Jurisdiction:

Scotland

Constitutional

Updated: 05 October 2022; Ref: scu.170753

Walton v The Scottish Ministers: SCS 29 Feb 2012

The reclaimer challenged the making of several orders redesignating roads around the Aberdeen Western Peripheral Route.

Judges:

Lord Clarke, Lord Bonomy, Lord Philip

Citations:

[2012] ScotCS CSIH – 19, [2012] CSIH 19

Links:

Bailii

Statutes:

Roads (Scotland) Act 1984

Citing:

At Outer House – Walton and Others v The Scottish Ministers SCS 11-Aug-2011
Outer House – Opinion . .

Cited by:

Appeal from – Walton v The Scottish Ministers SC 17-Oct-2012
The appellant, former chair of a road activist group, challenged certain roads orders saying that the respondent had not carried out the required environmental assessment. His claim was that the road had been adopted without the consultation . .
Lists of cited by and citing cases may be incomplete.

Scotland, Planning, European

Updated: 05 October 2022; Ref: scu.451731