Penalties and Costs: A private warning is an inappropriate sanction where the issues are in the public domain and there had been significant and several breaches of rules. Public censure whilst itself a significant penalty is not appropriate where the breaches are serious. A fine was the only appropriate penalty. Adverse publicity generated during the course of public tribunal proceedings should not be taken into account as a mitigating factor in considering the amount of damages to b ...
|
Appeal Against Conviction:
After the jury was empanelled the sheriff was informed that one of the jurors knew one of the Crown witnesses and that he had formerly been a police officer. A discussion took place on this matter within the sheriffs chambers outwith the presence of the appellant. The appellant maintains that this was a breach of section 92 (1) of the Criminal Procedure (Scotland) Act 1995. A further submission relating to the juror is that the appellant had been deprived of trial before an independent and impar ...
|
A material variation of an original loan agreement between the lender and the principal debtor could constitute a replacement of that agreement, so that the liability of a guarantor who had agreed to pay sums falling due under the old agreement did not extend to the increased loan under the varied agreement.
|
Participation in joint enterprise: The defendant was held liable in tort for having lent herself to a joint enterprise to inflict injury, having pointed to a house as being the home of a man whom others wished to attack. The defendant’s act of assistance could not be considered in isolation. Her knowledge that those she assisted intended to cause injury to the claimant’s husband made her part of the common design.
|
Meningococcal infection – duty to assess aggregate symptoms and signs: In cases involving suspected meningococcal infection in a child, it was held that there is a requirement that GPs should assess the aggregate symptoms and signs that exist, even if those symptoms and signs could, individually, be assessed as non-indicative of meningococcal infection. A doctor should consider whether, by reason of their aggregate presence or their totality, when taken with the general condition of the child, a ...
|
A W applied for AR under MCA 1973, seeking equal division of the assets. It was held that, taking into consideration all of the factors under s.25, the assets would be equally divided. H and W’s needs were roughly similar and their contributions to the marriage, though not the same, had been equal. (The division of chattels must be accomplished before trial, in a Scott schedule if the parties cannot agree, setting out reasons why any item is sought.)
|
In summary proceedings under the Hague Convention 1980, it is inappropriate for an English court to undermine the decision of a legitimate court of another contracting state dealing with the custody of a child where the terms of the foreign court’s order were clear, appropriate and had not been appealed. The custody rights which F sought to enforce had been established by the provisional order of the foreign court which had retained charge of the case ever since.
|
The Parole Board could not conclude that there was a risk of re-offending and recommend that a prisoner not be released on licence solely on the basis of a charge and a pending prosecution.
|
Following the ECJ judgment in BHB v William Hill, the defendant sought to avoid its obligations under a licence agreement for the supply of horseracing data. The defendant’s application for leave to amend the defence, to plead abuse of dominant position by attempting to charge excessive prices, was refused. This was a notoriously burdensome allegation, and it required unfair prices, not just high prices. The defendant’s pleading was inadequate and did not justify an allegation of unfair pricin ...
|
The petitioner sought reduction of the extradition order on account of his mental condition. Following two hearings the prayer of the petition was refused. Six grounds of appeal have been stated on behalf of the reclaimer and these include grounds relating to extradition and immigration Article 8 of the ECHR transfer and associated risk of deterioration. ;
|
| 1 |