Referral From Scottish Criminal Cases Review Commission :
In 1992 the appellant was convicted of murdering his wife. He then appealed on a number of grounds one of which was that he had additional evidence tending to exculpate him of murder which was not available at the time of the trial and which could not reasonably have been made available at the trial.The appeal court refused the appeal. In relation to the fresh evidence ground it decided that the evidence tendered could not be considered to be additional vidence.The Commission is of the view that ...
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Town and Country Planning:
The Scottish Ministers + Glasgow and Clyde Valley Structure Plan Joint Committee Against a Decision of the Scottish Ministers Dated 24 November 2003; Town and Country Planning:;30/03/2005 ;Appellants have made applications udner section 238 of the Town and Country Planning Act 1997 for an order quashing the decision of the Scottish Ministers approving the First Alteration of the Glasgow and Clyde Valley Joint Structure Plan 2000. The appellants contend that they are "persons aggrieved" within t ...
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Accident At Work:
The parties are severely at odds regarding (a) the nature of the work which the pursuer was doing at the time of his accident; and (b) the veracity of his claim to have been an employee of the defender company. As more fully discussed below the defenders maintain that at that time of the accident and for several days previously the pursuer had been engaged in the manual task of fixing roofing sheets and that his claim to have been on the roof in a supervisory capacity is untrue. More seriously t ...
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Judicial Reviews
The petitioner is challenging the decision of the respondents on five grounds. In the first place it is said that the procedures set up by the respondents to consider the petitioners accreditation were insufficiently clear. In the second place the petitioner contends that the respondents failed to observe the requirements of natural justice and in particular failed to give fair he contends that the decision was unreasonable. In the fourth place the petitioner argues that the respondents made an ...
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Financial Services: In market abuse cases the Authority must prove its case on the balance of probabilities and not beyond reasonable doubt. However that would be applied on a “sliding scale” linked to the gravity of the allegation. Issues in respect of an expert’s opinion would go to weight rather than admissibility.
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The grounds of appeal relate to the trial judges directions to the jury. It is maintained that the trial judge ought to have directed the jury that in the event of them finding the appellant was not guilty of contravening section 1 of the Road Traffic Act 1988 it was open to them to convict the appellant of a contravention of section 3. The second ground of appeal relates to the trial judges directions to the jury in regard to the standard proof of guilt.
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3 questions must be answered before allowing a D’s previous convictions to go before the court to show propensity to commit the offence charged under CJA 2003: 1. Did the history of his convictions establish a propensity to commit offences of the kind charged? 2. Did that propensity make it more likely that D had committed the offence charged? 3. Was it unjust to rely on the previous convictions and, in any event, would the proceedings be unfair if they were admitted? Previous convictions we ...
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This case concerns a dispute between two groups each claiming to be the true Free Church of Scotland. At issue are assets held in trust "for behoof of and in connection with the association or body of Christians known as the Free Church of Scotland".
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Petitioners seek judicialreview of a decision by the Scottish Ministers to discharge conditions 3.3 and 3.4 attached to a consent granted by the Scottish Ministers in terms of section 36 of the Electricity Act 1989 for the construction and operation of a wind-powered electricity generating station at Pauls Hill Morayshire.
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At the original trial the proceedings had been relayed in sound and vision to a Remote Viewing Room (RVR) within the High Court building. On 28 September on the motion of the defence the trial judge Lord McEwan deserted the diet simpliciter. The Lord Advocate has appealed by Bill of Advocation against that decision. Consideration of the use of the RVR room.
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