The pursuer and defender to this action were sister and brother, respectively. The defender had inherited a family croft at Kilmory, Acharacle in 1989, the land upon which the pursuer subsequently constructed a house for the use of her and her family. In this action, the pursuer claimed she was entitled to recompense from the defender on the basis that he had been unjustly enriched through this event, at her expense. Following construction of the house, the pursuer told the defender that he wa ...
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In this action, the appellant appealed against the interlocutor of the Sheriff, whereby his appeal against a decision of the respondents to refuse to renew his taxi driver’s licence was refused. The court heard that the appellant had been convicted of offences under the Road Traffic Act 1988 and in 2007, had consequently been banned from driving for one year. Upon successful completion of a rehabilitation course, the appellant applied and was granted the restoration of his driving licence ...
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In this appeal, the reclaimer argued that his imminent removal to his country of origin unnecessarily and unlawfully interfered with his Article 8 ECHR rights to a private life. The respondent had previously declined to treat submissions on the reclaimer’s private as fresh representations for asylum, under Rule 353 of the Immigration Rules. The reclaimer submitted that the respondent’s decision letter was so muddled, both in terms of content and sequence of issues considered, ...
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The reclaimer suffered from a mental disorder and was detained in Leverndale Hospital, Glasgow in terms of a compulsion order under the Criminal Procedure (Scotland) Act 1995. The reclaimer sought judicial review of the failure by the respondents to draft and lay regulations under sections 268(11) and (12) of the Mental Health (Care and Treatment) (Scotland) Act 2003 before the Scottish Parliament. In August 2008, the Lord Ordinary found that the respondents were not obliged to draft and lay suc ...
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The pursuer was the mother of the later Nikki Williamson, who died in the Southern General Hospital, Glasgow on 1 November 2003, aged 15. The pursuer sought damages in respect of the loss suffered on account of her daughter's death. Each of the defenders was sued on the basis of their vicarious liability for the alleged fault and negligence of others for whose acts and omissions they were responsible. This case called on procedure roll, where the first defenders sought to have certain averment ...
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This was a fatal accident inquiry into the deaths of 14 residents of Rosepark Care Home; Annie Stirrat, Julia McRoberts, Robina Worthington Burns, Isabella MacLeod, Margaret Lappin, Mary McKenner, Ellen Veronica Milne, Helen Crawford, Annie Florence Thomson, Margaret Dorothy McWee, Thomas Thompson Cook, Agnes Dennison, Margaret McMeekin Gow and Isabella Rowlands MacLachlan. The sheriff found that all 14 residents died as a result of a fire at the care home on 31st January 2004. In term ...
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Criminal Note of Appeal Against Conviction and Sentence:- Following trial on indictment at Edinburgh Sheriff Court the appellant was convicted of two charges:- (1) an assault to severe injury, permanent disfigurement and permanent impairment; and (2) a contravention of section 27(7) of the Criminal Procedure (Scotland) Act 1995. He was sentenced to 54 months imprisonment in respect of charge 1 and three months imprisonment in respect of charge 2, which sentences were to be served cons ...
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The parties were a former cohabiting couple who began living together around 2000 and separated in November 2007. This was an action under s. 28 of the Family Law (Scotland) Act 2006 in which the pursuer sought a capital sum from her former partner. The couple had two children and the pursuer had a son from a previous relationship. Parties’ Submissions The pursuer averred first that the defender gained economic advantage from her when the parties cohabited between March ...
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In terms of s.6(1)(a) of the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976, the sheriff found that Philip Holmes Saffrey (DOB 17.03.67) died at approximately 1.30 am on 15th July 2010 en route from Saughton Prison to Edinburgh Royal Infirmary. In terms of s.6(1)(b), the cause of death was cocaine toxicity. No other formal determinations were made. Background Philip Saffrey had been using cocaine for many years and was well experienced in the supply, tran ...
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Parties and Background This was action for divorce. The pursuer sought decree of divorce and financial provision against her husband. The parties had three adult children and had been married for 32 years. In or around 1990 the parties’ relationship began to break down when the defender’s brother and the pursuer’s sister (who were also married) came to live with the pursuer and defender. The pursuer raised divorce proceedings in 1994 but abandoned the action due to p ...
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