Where it had been concluded that an offender's matrimonial home represented the proceeds of crime, any money raised by way of mortgage against the property must itself be the proceeds of crime. The mere fact that there was legitimate and bona fide documentation backing the mortgage did not mean that the sum borrowed was any less the proceeds of crime.
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The Pursuers raised an action for payment of a sum that the Defenders had withheld in respect of invoices rendered for work done under a contract between the parties. The Defenders were a Dutch company registered in The Haig with a place of business in the Republic of Kazakhstan. The Defenders claimed that they had withheld the money properly in terms of Kazakhstan law. The issue between the parties was whether the Defenders were obliged under Kazakhstan law to withhold tax when paying the Pursu ...
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The Appellants/Defenders appealed against the Sheriff’s decision to grant commission and diligence in terms of a Summary Application brought under Section 1(1) of the Administration of Justice (Scotland) Act 1972 (“the 1972 Act”) for recovery of documents held by or on behalf of the Appellants. The application related to documents relevant to proceedings which might be brought, rather than an existing action. The Appellants appealed on three grounds. They contended that the app ...
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Criminal Note of Appeal Against Conviction:- On 6 July 2007 at the High Court in Glasgow, the appellant was found guilty following trial of charges of:- (1) assault to severe injury; and (2) murder, along with his co-accused, Richard Baxter Holden. On 21 August 2007 the appellant was sentenced to imprisonment for life with a punishment part of 10 years. The appellant appealed against conviction on two grounds:- (1) "The trial judge erred in directing the jury, ... that there was 'sufficient evid ...
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In this petition for judicial review, the petitioners contended that the 2009 Act which was passed by the Scottish Parliament on 11 March 2009 and received the Royal Assent on 17 April 2009, was outwith the legislative competence of the Scottish Parliament on the grounds of its incompatibility with Article 6 of the European Convention on Human Rights (Right to a fair trial) and Article 1 of the First Protocol thereto (Protection of property). The Act is due to come in to force on 17 June 2009. A ...
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Proof Before Answer:- In this action the pursuers, a company of grain merchants, sought damages from the defenders, a farming company, in respect of the defenders' breach of contract. The defenders denied liability. The issue in this case was whether or not in September 2006, the pursuer, through a director, Mark Paton, agreed to a variation of a wheat supply contract previously entered in to between the parties. It was the defenders' position that the contract had been varied at a meeting, in p ...
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Matrimonial - Proof:- The parties married on 22 July 1977 and had a child during the course of that marriage who is now over the age of 16. The parties separated on 20 August 2002 and have remained apart since that date. Decree of divorce was pronounced following evidence that their marriage had broken down irretrievably. Here the defender sought a claim for financial provision of £3,988,515.00 with interest from 30 August 2002 until payment. During the period of the marriage the pursuer wa ...
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Claims in election leaflet neither false nor malicious: A Conservative Party candidate’s claim for malicious falsehood against a Liberal Democrat rival failed as the words complained of, which formed part of an election leaflet, were not substantially inaccurate and the Liberal Democrat candidate had not been malicious. Further, although the words could be said to have been calculated to cause the Claimant financial loss, the Claimant had failed to establish that they had in fact caused such los ...
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The FSA made a decision to prohibit a mortgage adviser, Mr Chowdhury, based in Tower Hamlets for certifying fraudulent mortgage applications. He also operated his firm Express Financial without being approved by the FSA as required. The FSA was informed by three lenders that they had removed Express Financial from their panels of mortgage introducers due to concerns over the submission of false documentation in relation to mortgage applications being supported by fraudulent passports, bank state ...
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Each of the two appellants, Mr Goodyer, a UK national, and Mr Gomes, a citizen of Trinidad and Tobago, is wanted by the Government of Trinidad and Tobago (“Trinidad”) for trial there on charges of possession of cocaine for the purposes of trafficking. Each was arrested in the UK following an extradition request by Trinidad and each unsuccessfully argued before the District Judge at their respective extradition hearings, first, pursuant to ss.79(1)(c) and 82 of the Extradition A ...
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