Crown Appeals Against Sentence:- On 1 June 2007 the first and second respondents were each convicted after trial of the murder of Robert Bowie on 14 October 2006. On 19 July 2007 the first respondent was sentenced to be detained for life and an order made under section 2(2) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (as amended) that he serve a period of fifteen years before being eligible for parole. On the same date the trial judge sentenced the second respondent to be impri ...
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Criminal Appeal By Stated Case:- On 18 December 2008 the appellant appeared on summary complaint at Dundee Sheriff Court on five charges of assault and, after trial, was convicted of two of those charges. At the time of the commission of the offences the appellant was a maths teacher at Lawside Academy in Dundee and the complainers were 14 year old pupils at the same school. The appellant appealed by way of stated case, and the questions for the opinion of the court were:- "(1) Did I misdirect m ...
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Application for Leave to Appeal:- On 20 November 2006 the applicant, an Iranian national who had fled from there, entered the United Kingdom. The applicant claimed asylum and breach of his protected rights under the European Convention on Human Rights and on 24 January 2007 the respondent refused his application. The applicant exercised his right of appeal which was rejected by the Asylum and Immigration Tribunal in a decision dated 21 June 2007. The applicant successfully applied for reconsider ...
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On 10 March 2009 following the issuing of the Opinion of the court the case was continued to enable parties to implement that decision. Susequently the petitioner's shareholding in the company was purchased for £469,800 and on 26 October 2009 parties agreed that the prayer of the petition should be dismissed. Here the petitioner sought the expenses of the petition against the respondent and an additional fee in terms of Rule of Court 42.14(3). These motions were opposed by the respondent wh ...
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The appellant, Mr Louca, was a Cypriot national whose arrest in England and surrender to the Federal Republic of Germany for trial of six alleged offences of tax evasion was sought by the Office of the Public Prosecutor of Bielefeld pursuant to a European Arrest Warrant. The warrant was certified by the Serious Organised Crime Agency (“SOCA”) pursuant to s.2(7) of the Extradition Act 2003. Mr Louca challenged its validity on the ground that it contained no reference to two prev ...
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This case raises important issues about the meaning and application in practice of s.115(7) of the Police Act 1997 as to the information that is to be provided by the chief officer of a police force to the Secretary of State for inclusion in an enhanced criminal record certificate (“ECRC”). The appellant L was the mother of X who was born in 1989. Following upon a child protection conference in 2002, X’s name was placed on the child protection register under the category of ne ...
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Sigma is a structured investment vehicle, whose business involved acquiring asset-backed securities and other instruments, using funds raised by issuing or guaranteeing US dollar and Euro medium term notes (MTNs) as well as liquidity from other sources, such as facilities, derivatives, repurchase contracts and capital notes. All of Sigma’s assets were secured in favour of its secured creditors upon the terms of a Security Trust Deed (STD) made between Sigma and Deutsche Trustee Compa ...
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The Defenders/Appellants appealed against the Sheriff’s decision to refuse their Reponing Note in an action raised against them under the Conveyancing & Feudal Reform (Sc) Act 1970. The Pursuers/Respondents wished to repossess the Defenders’ property. Decree in absence had been granted against the Defenders after they had failed to enter appearance. The Reponing Note was lodged almost 2 months later on the day before the Defenders were due to be ejected from the property. T ...
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The Pursuer raised an action of damages for injuries sustained in a road traffic accident. He was retired and aged 69 at the time of the accident and 71 at proof. Liability was admitted and the only issue in dispute was the value of solatium. Following the accident, the Pursuer had experienced pain and stiffness in his neck and shoulders. He had consulted his GP 4 days later and had been diagnosed with a whiplash injury. He had been prescribed analgesia and referred for physiotherapy. ...
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On 30 July 2004 the applicant, and his sister DK, both Iraqi nationals, had their claims for asylum refused and they were refused leave to enter the United Kingdom. On 6 October 2004 an adjudicator dismissed the applicant's appeal without consideration of the merits when there was no appearance by or on behalf of the applicant. The Tribunal subsequently held that the adjudicator had made a material error of law and the case was sent for reconsideration before a differently constituted Tribunal. ...
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