Criminal Appeal Against Sentence:- On 19 October 2001 the appellant, a British national, was arrested attempting to board a plane bound for Taiwan at Don Muang Airport in Bangkok. In his possession was a bag containing 3.3kg of high purity heroin. On 19 September 2002 the appellant was convicted of drug trafficking, however, on account of his co-operation with the Thai authorities in the initial stages of the police investigation a death sentence was commuted to life imprisonment. The ...
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Criminal Note of Appeal Against Conviction and Sentence:- In May 2010 at the High Court at Livingston the appellant was found guilty after trial of the following charge:- "Between 29 November 2007 and 11 December 2007, both dates inclusive, at 1/4 Royston Mains Place, Edinburgh you ALAN CAMERON did assault Heather Joanne Stacey or Egan or Williamson, formerly residing there, by means to the Prosecutor unknown and did cause her injury as a result of which she died there and you did murder her. ...
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The petitioners were Aberdeen City Council. The respondents, IO and LO, were the birth parents of HMCO who was born on 8th August 2005. The petitioner sought a freeing order in respect of HMCO to allow him to be adopted. The respondents refused to consent to the order and moved for refusal of the application. The respondents had one younger child and were expecting another. HMCO was placed on the Child Protection Register in April 2007 following his attendance at hospital for unexplained injuri ...
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Victimisation Discrimination: The claimant was a taxi driver whose agreement with the respondent was terminated after he refused, quite legitimately according to the Tribunal, to complete a detailed security questionnaire. He claimed that he was an employee of the respondent and therefore could bring a claim before the Employment Tribunal. The ET concluded that he was not an employee by referring to the decision in Ready Mixed Concrete (South East) v Minister of Pensions [1986] 1 ER 4 ...
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Age Discrimination: The claimants were technicians in the NHS who were re-graded into a new salary band which involved a significant pay rise. However because of the impact on pensions for older employees, those close to retirement went straight on to the new pay spine whereas younger employees went through transitional points, were accordingly paid less than their older counterparts and so initiated these proceedings. In the ET, following submissions by counsel on the question of wha ...
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Practice and Procedure - Appearance/Response: The claimant was claiming disability discrimination and lodged his ET1, naming both the company he worked for and the HR manager as the respondents. An ET3 response was received by the ET. The form itself referred only to the company as the respondent but the attached grounds included a heading showing that both the company and the HR manager as first and second respondents respectively. The claimant claimed that a response had not been lo ...
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Contract of Employment - Disciplinary and grievance procedure: The claimant asked the ET for an adjournment of the hearing on the grounds that he was not fit to conduct the proceedings properly and was unable to obtain legal representation. The ET refused his application firstly on the basis that the claimant had not produced any medical evidence to support his contention that he was unfit to conduct the proceedings. They added that they were ‘mindful of the history of this part ...
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Victimisation Discrimination – Interim relief: The claimant was employed in Gloucester Magistrates Court from September 2006 and there were concerns about performance. After being given an "improvement required" grade (subsequently re-graded) relations with his supervisor deteriorated, he was given an informal written warning and, in response, issued a grievance. Dispute resolution was unsuccessful and after further criticism the claimant issued an 85 paragraph grievance allegin ...
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Race Discrimination – Vicarious liability: The claimant was a project worker with the respondent. He had started working with them even though he had not been subject to a CRB check as required. An agency worker started work with the respondent soon after and who had a difficult working relationship the claimant. The claimant raised a grievance relating to the agency worker's behaviour and the day after, an altercation resulted in the claimant being told to go home by his manager whi ...
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Jurisdictional Points - Claim in time and effective date of termination: The claimant was dismissed and he lodged an appeal which took several weeks to conclude. During this time the claimant spoke to a solicitor under their free consultation procedure and was erroneously advised that he should wait until the conclusion of the internal appeal before issuing proceedings at the Employment Tribunal. The claimant was aware of the 3 month limitation period and asked the respondent several ...
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