Inner House case concerning a clerical assistant at Kirkriggs School in Glasgow who injured herself when she fell from a toilet bowl whilst trying to open a window. An extra division of the Inner House allowed a reclaiming motion and Ms Wallace was granted damages of £31,800 reduced by 50% in respect of contributory negligence. The decision turned on the Workplace (Health, Safety and Welfare) Regulations 1992 and in particular on Regulation 15(1) which says: "No w ...
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0 0 1 417 2383 Faculty of Advocates 19 5 2795 14.0 Normal 0 false false false EN-GB JA X-NONE /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-style-parent:""; font-size:12.0pt; font-family:Cambria;} Criminal Note of Appeal Against Conviction:- Following trial at the High Court at Livingston the jury found the appellant guilty by majority of being concerned in the supply of cocaine contrary to section 4(3)(b) of the Misuse ...
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0 0 1 426 2429 Faculty of Advocates 20 5 2850 14.0 Normal 0 false false false EN-GB JA X-NONE /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-style-parent:""; font-size:12.0pt; font-family:Cambria;} Criminal Note of Appeal Against Conviction and Sentence:- On 28 October 2010 following trial at the High Court the appellant was convicted of being concerned in the supply of heroin and crack cocaine in Aberdeen and elsewhere i ...
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0 0 1 575 3284 Faculty of Advocates 27 7 3852 14.0 Normal 0 false false false EN-GB JA X-NONE /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-style-parent:""; font-size:12.0pt; font-family:Cambria;} Criminal Note of Appeal Against Conviction:- On 3 September 1999 at the High Court at Glasgow the appellant was convicted after trial of charges of murder, theft and attempting to defeat the ends of justice. The appellant ...
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0 0 1 701 4000 Faculty of Advocates 33 9 4692 14.0 Normal 0 false false false EN-GB JA X-NONE /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-style-parent:""; font-size:12.0pt; font-family:Cambria;} Referral by the Scottish Criminal Cases Review Commission:- On 3 September 1999 at the High Court at Glasgow the appellant was convicted of a charge of murder, along with his co-accused Mary Ryan. He was acquitted of charges of ...
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Petition for judicial review of a decision by Highland Council to grant planning permission for a development of 64 houses at Resaurie near Inverness. The petitioners argued that the Council had failed to adopt the correct approach to assessing the risk of flooding arising from the development. In particular the petitioners argued that the Council had not adopted a precautionary approach to flood risk as they should have done in terms of the planning policy. They also argued that the ...
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Outer House case considering an agricultural lease of Rockside Farm at Bruichladdich on Islay. The tenants were Rockside Farming Company (of which Mr and Mrs French were directors). The farm had been owned by one owner but, following the grant of the lease, part of the farm (776.5ha) was sold to Crewpace. The remaining part (14.5ha) was sold to Mr and Mrs French with the result that both Crewpace and Mr and Mrs French became landlords under a single lease. Mr and Mrs Fre ...
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The facts Inner House case considering a property dispute over Broadford Church and Manse on Skye between two factions of the Free Church of Scotland. A Feu Charter in 1869 set out the terms of trust in favour of Trustees for the “Congregation of the Body of Christians called the Free Church of Scotland in the Parish of Strath, Skye”. In 2000 a split occurred when a substantial minority of the Church (the break aways) separated themselves from the rest of the Church (the ...
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Rights on Insolvency: The claimant was made redundant and soon afterwards the company which employed her was dissolved. The claimant claimed redundancy pay and notice pay from the Secretary of State under ss166 and 182 of the ERA 1996 which specify the circumstances in which claimants can bring claims when a company ceases trading. The Tribunal ruled that both payments should be awarded. The Secretary of State appealed against the payment for notice pay because s183(3), which sets out ...
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Bias, misconduct and procedural irregularity: The claimant was bringing claims of race discrimination, harassment, victimisation and unfair constructive dismissal. He was suffering from a depressive order which meant that he was unfit to attend the initial hearing which was adjourned for several months, the Tribunal acknowledging the stress of being at the hearing and agreeing to make adjustments to accommodate the claimant. The claimant's solicitors then asked that the Employment Jud ...
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