First Defendant in breach of The Construction (Health and Safety at Work) Regulations 1996 No.6 with Claimant guilty of 30% contributory negligence. Second Defendant also liable on basis that he failed as an occupier to take reasonable steps to ensure First Defendant was a competent independent contractor. In particular he had not checked the insurance position of Mr Rooney. He had also failed to establish the defence under Section 2(4) of Occupiers Liability Act 1957. However, Claimant fai ...
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The authorities demonstrated that the fact that D was a prison officer was a matter which increased the seriousness of the offence, particularly given that they would know very well the problem of drugs in prisons.
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A Columbian national who was homosexual and HIV positive, was unsuccessful at appeal as the adjudicator found that, while accepting that as a group homosexuals were at risk from social cleansing in Columbia, R had lived a homosexual lifestyle and had been with a homosexual partner for 13 years before coming to the UK and had not experienced violence or hatred because he had kept his lifestyle secret. The adjudicator found that the applicant had come to the UK to receive free treatment for his HI ...
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Property-Servitude Right of Access - Appeal to She
A dispute arose between neighbouring proprietors following the Respondents erecting various obstructions on the footpath belonging to them on the south side of the Appellants' property. The appellants sought an interdict, interdicting the respondents from building on, obstructing or occupying these common areas so as to impede the appellants' rights of pedestrian and vehicular access and nterim interdict. The Sheriff at first instance held that:- 1) there was no primae facia case and 2) esto the ...
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Committal Orders. Committal orders sentencing the appellants to 42 days' imprisonment, imposed following flagrant breaches of a possession order, were not disproportionate.
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Incapacity (Scotland) Act 2000 - Application in te
This is an application pursuant to the Adults with Incapacity (Scotland) Act 2000 S.57. The Pursuer is Fife Council. The Pursuers sought the appointment of its Chief Social Work Officer as Guardian to X, with power in relation to his personal welfare. The Application was opposed by the Adult. Section 57(2) provides:- "Where is appears to the local authority that -(a) the conditions mentioned in section 58(1)(a) and (b) apply to the adult (b) no application has been made or is likely to be made f ...
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Licensing (Scotland) Act 1976 - S.39 Appeal & fail
The Respondents sought to have the appeal dismissed on the basis that the application was incompetent. They argued that Part VII of the Act of Sederunt (Summary Applications, Applications and Appeals etc.) Rules 1999 required the applicant to serve a copy of the initial writ on the Chief Constable and such service was mandatory and could only proceed on a judicial warrant. The Applicant argued that the absence of a warrant did not mean there had been no service and there was no prejudice to the ...
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It was held that a notice of arbitration sent by D by email was validly served because it was received at the email address held out by C as C’s only email address, notwithstanding the relevant managerial staff had not received it. Clarke J held that a notice or document required to be served under an arbitration agreement could be given by any recognized means of communication (whether post, fax or email); if emailed, the notice had to be dispatched to the correct email address of the intended ...
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The firm of solicitors had advised the claimant in connection with the dissolution of a partnership with her former husband in a road haulage business. It was alleged that the firm had failed to advise her to effect the immediate dissolution of the partnership and to avoid or limit her future liability for the debts of the business. By a majority the Court of Appeal found that although there had been a breach of duty that as the alleged loss was not put to the court at first instance, was ...
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Legal. In proceedings against a barrister who had acted in an unsuccessful attempt by the claimant to enfranchise under the Leasehold Reform Act 1967, it was alleged that he failed to advise the service of a protective notice whilst the validity of an earlier notice was being contested. Whilst there might have been a form of wording for a protective notice that would not have prejudiced the one already challenged and yet been effective in the event that the former notice had been found d ...
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