The petitioner was a citizen of Sudan, who arrived and claimed asylum in the UK in June 2008; her claim for asylum was subsequently rejected in July 2008. By January 2009, she had become “appeal rights exhausted” and in December 2009, she requested the Secretary of State reconsider her application for asylum, indicating it was a fresh claim for asylum under Rule 353 of the Immigration Rules. Her new representations were not recognized by the UK Border Agency, on behalf of the Secreta ...
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Bill of Suspension:- On 7 August 2009, a justice of the peace in Glasgow granted a search warrant in terms of section 23(3) of the Misuse of Drugs Act 1971 and was contained in a pro forma single sheet document with typed text and blank boxes requiring completion. Boxes 4 and 5, which required the full name of the occupant and the full address or description of the premises to be searched to be completed had the complainer’s name “James Paterson” duly completed, however, i ...
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The appellant was admitted to the State Hospital in 1996. In May 2007, the Mental Health Tribunal for Scotland made an order under section 264 of the Mental Health (Care and Treatment) (Scotland) Act 2003 declaring that the appellant was being held in conditions of excessive security. The appellant’s psychiatric condition was such that no suitable alternative accommodation could be found for him in Scotland and he was transferred to Linden House, a medium-secure facility in Yorkshire. ...
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Criminal Note of Appeal Against Sentence:- On 2 February 2010 at Glasgow Sheriff Court at a continued first diet the appellants each pled guilty to a charge of assault and robbery, having each been indicted on two charges of assault and robbery. The first and second appellants pled guilty as libelled to charge 1 and maintained their plea of not guilty to the second charge and the third and fourth appellants pled guilty as libelled to charge 2 but maintained their pleas of not guilty to ...
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The Minuters made an application under section 298 of the Proceeds of Crime Act 2002 in relation to money seized in 2008. The Defender and a friend had been travelling south on the A702 in the Defender’s car. Both the Defender and his companion were drug addicts and unemployed. The Police were aware that the A702 was used by criminals as a main route to transport drugs and cash between Scotland and England. Officers had stopped the Defender’s car and had found a large ...
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The Pursuer raised an action of damages following a road accident in December 2008. She was 23 years old at the time of the accident and 25 at the date of proof. Liability was admitted but there was a dispute over quantum.The Pursuer suffered a soft tissue injury to her lower back as a result of the accident. She had suffered chronic pre existing back pain for about 7 years before the accident. This had caused her difficulties on a daily basis and she took anti-inflammatory medicati ...
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The pursuer was employed by the defenders as a HGV driver until an accident occurred at work in August 2008. He was dismissed from his employment one month later following disciplinary procedure. At the time of the accident, he had been driving lorries for approximately 40 years. On the date of the accident, the pursuer was operating a “skip” or “bucket” lorry. These lorries held skips on their lorry bed, and sometimes these skips were held in chains. The pursuer’ ...
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The petition was a national of the Democratic Republic of Congo (DRC), who claimed she was a supporter of the Mouvement pour la Liberation du Congo (MLC) led by Jean Pierre Bemba. She claimed to have run a bar and restaurant in Kinshasa and that the premises were used for meetings during the 2006 election, and to hold mobile and satellite telephones on behalf of the party. She claimed that following the MLC’s defeat in the 2006, relations between the party and the government broke down, an ...
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The pursuers sought recovery of £87,831.11, a sum due to them in professional fees and outlays for their legal services, provided to the defenders over the period 1986 to 1994. The defenders disputed the pursuers' entitlement to the sum claimed for, on three main grounds. First, the defenders maintained that on a proper calculation, they had actually overpaid the pursuers; secondly, that as the pursuers had not issued any VAT invoices for the sums claimed, no debt was due; thirdly and final ...
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In June 2007, the pursuer was employed by the defenders as a clerical assistant for a school in Glasgow. She required to use the toilet facilities, and as a courtesy to the next user, attempted to open the window after doing so. The window was around seven feet above the ground, and no pole was in the cubicle at the time to assist with pulling the window open. Being only 5ft1ins in height, the pursuer stood on the ceramic bowl of the toilet to open the window. As she did this, the ceramic bowl c ...
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