The Pursuer raised an action of damages against the Defenders for loss and damage to her physical and psychological health. She claimed that the Defenders directly, and the teaching staff for whom they were vicariously liable, had failed to protect her from bullying. The Pursuer averred that she had been subjected to a systematic campaign of physical and verbal abuse from other pupils. This began at nursery and continued throughout both primary school and secondary school. At Debate, ...
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The Pursuer raised a small claim action for payment and the Defender stated both a defence and a counter claim. The case called in court on several times and at a continued calling the Sheriff decided to deal with the counter claim on the basis of the information available. He did not consider it necessary to hear evidence and decided to dismiss the counter claim and to allow the principal action and defence to proceed. The Defender appealed that decision to the Sheriff Principal. ...
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Criminal Note of Appeal Against Sentence:- On 6 March 2009 the appellant pled guilty by letter to a contravention of section 3 of the Road Traffic Act 1988 on summary complaint. The Sheriff fined the appellant £500, discounted for the early plea from £750 and imposed seven penalty points which was not discounted. The imposition of the 7 points resulted in the revocation of the appellant's licence under the Road Traffic (New Drivers) Act 1995. In not discounting the penalty points the S ...
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The petitioner, a Cameroon national, aged 50, arrived in the United Kingdom on 22 January 1999 using a forged document and claimed asylum on that date. On 1 December 2000 his application for asylum was refused by the the respondent. The petitioner appealed against the refusal of asylum to an adjudicator, who dismissed the appeal on 15 February 2002. An appeal against that decision was taken to the Immigration Appeal Tribunal, which dismissed the appeal on 28 October 2002. The petitioner sought l ...
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Criminal petition under section 272(1) of the Criminal Procedure (Scotland) Act 1995 :- The respondent appeared on indictment at a preliminary hearing in respect of twenty charges including eighteen charges of either of fraud or theft in which it is alleged that the respondent obtained entry to the home of an elderly person by means of deceit. Here the Crown sought by way of a petition in terms of Section 272(1) of the Criminal Procedure (Scotland) Act 1995 to take the evidence of five witnesses ...
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Criminal Note of Appeal Against Conviction and Sentence:- On 15 October 2003 at the High Court of Justiciary at Glasgow the appellant was found guilty by the jury of charges 3, 4, 7 and 8, subject to certain deletions in the case of charges 7 and 8. At the close of the Crown case on 26 September 2003, the Advocate-Depute advised the Court that he wished to withdraw the libel in respect of charges 1 and 2 on the indictment. Two grounds of appeal were argued:- (1) there was unfairness that the Cro ...
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Criminal Note of Appeal Aginst Conviction and Sentence:- On 16 May 2003 the appellant was convicted after trial at the High Court of Justiciary at Glasgow of a charge of contravening section 170(2)(b) of the Customs and Excise Management Act 1979. Leave to appeal was granted in respect of a number of grounds of appeal, however, here only one ground of appeal was argued. The ground of appeal related to three tapes of an interview between a witness "Nicola Smith" and an officer of HM Customs and E ...
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The defendant former employee (B) of the claimant conference organizer (F) was held to have misappropriated and misused F’s confidential information, infringed F’s rights in its database of customer contacts and other information, and passed himself off as F. However, F had no right to restrain competition of itself, absent a restrictive covenant.
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An application for an interim injunction, to restrain the launch of STELLANUDE branded perfume products, was dismissed. There was a triable issue as to whether the use of the brand STELLANUDE would infringe the applicant’s CTM NUDE, which was registered for goods including cosmetics and perfume. However, on the balance of justice it was not appropriate to grant the injunction, as the likely damage to the respondents if an injunction was wrongly granted outweighed the damage to the applicant if i ...
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In opposition proceedings, a patent, concerning apparatus for facilitating the healing of a wound, had been altered so as to widen the negative pressure parameter in claim 1. The correction was allowed on the basis that the inclusion of a more limited parameter had been an “obvious error” pursuant to the EPC Implementing Regulations 1973 r.88. It was now held that the correction had widened the protection conferred by the patent and had not been properly admissible. The patent fell to be revoked ...
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