Case Summaries Up To September 2011
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By Euan A. Dow on 29/09/2011 12:56
0 0 1 498 2841 Faculty of Advocates 23 6 3333 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 Sentence:- On 23 January 2008 the appellant pled guilty under accelerated procedure in terms of section 76 of the Criminal Procedure (Scotland) Act 1995 to a charge of rape. On 1 October&nbs ...
By Law Brief Publishing on 28/09/2011 09:02
An email alleging that the Claimants had plotted "to destroy world cricket's structure and especially that in England, and create a new rebel league" was, contrary to the finding of the judge at first instance, capable of bearing a defamatory meaning of acting dishonourably and disloyally and in breach of regulations, and not simply in a robust competitive manner.
By Law Brief Publishing on 28/09/2011 09:02
An article published on the internet to several thousand readers within the jurisdiction alleging that, inter alia, the Claimant had married off his daughter, Sarah (then aged only 13) to an elderly and disabled senior member of the Saudi royal family, as a gift; was seeking to have her and her daughter killed; had probably had her former lover killed; and was reasonably suspected of financing international terrorism warranted an award of damages for libel of £175,000
By Law Brief Publishing on 28/09/2011 09:00
An honest comment defence was bound to succeed in respect of the primary defamatory meaning of an article criticising the Claimant MP over her expenses claim. Any residual claim was struck out as a Jameel abuse of process.
By Euan A. Dow on 22/09/2011 13:00
0 0 1 327 1864 Faculty of Advocates 15 4 2187 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 Sentence:- On 3 December 2010 following a trial at the High Court at Edinburgh the appellants were convicted unanimously of the following charge:-"On 2 April 2010 at 1 Bea ...
By Euan A. Dow on 22/09/2011 12:57
0 0 1 255 1459 Faculty of Advocates 12 3 1711 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 under section 174(1) of the Criminal Procedure (Scotland) Act 1995:- On 13 March 2011 the sheriff at Glasgow repelled the appellants' pleas to the competency of a complaint which contained one charg ...
By Farida Elfallah on 21/09/2011 22:29
This was an appeal against a Sheriff’s decision in a summary application regarding LGV driver licensing. The original application was lodged by Martin Smith, appealing against the Deputy Traffic Commissioner’s previous decision to revoke his LGV driver's licence and disqualify him from holding or obtaining such a licence for 3 years. On 3 March 2011, the Sheriff quashed that decision in so far as it related to a 3 year disqualification period, and disqualified Smith for 12 months, finding the ...
By Farida Elfallah on 21/09/2011 21:26
In terms of section 6(1)(a) of the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976, the Sheriff found that Kirsty Rutherford Thompson (born 18th June 1987) died on 17th March 2001, aged 13, having been taken by ambulance to the Victoria Infirmary, Glasgow and pronounced dead at 6.56 am. In terms of section 6(1)(b), the cause of death was (a) peritonitis, due to a (b) perforated diverticulum, due to a (c) intestinal obstruction, due to an (d) internal hernia. In terms of section 6(1 ...
By Legal Knowledge Scotland on 20/09/2011 22:12
Inner House case in which Penny Uprichard challenged a decision of the Scottish Ministers to approve the Fife Structure Plan 2006-2026 with Final Modifications dated May 2009. The Fife Structure Plan includes provision for a significant expansion of St Andrews with a view to making the town an ‘economic driver’ for Fife. The Council submitted a report containing modifications to the Structure Plan[1] and, after considering the Structure Plan and the Council’s modifications ...
By Heather Kemmett on 15/09/2011 21:16
    In terms of s.6(1)(a) of the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 the sheriff found that Ramilito Capangpangan (DOB 12.12.74) and Benjamin Rosillo Potot (DOB 24.05.75) died within the galley and Rimants Venckus (10.02.58) died within the wheelhouse on board the vessel “the Vision ll" berthed at Provost Park Jetty, Balaclava Inner Harbour, Fraserburgh. The deaths occurred between 00.30 and 01.30am on Friday 1st August 2008. In terms of s.6(1)(b) the ...
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