Application for leave to lodge a late intimation of intention to appeal:- The applicant was convicted of rape in January 2009 and was sentenced to a term of six years' imprisonment. Here the applicant applied under section 111(2) of the Criminal Procedure (Scotland) Act 1995 for an extension of the period of time within which to lodge an intimation of intention to appeal against conviction. The issue here related to evidence which was led at the trial of an interview which the applica ...
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Criminal Note of Appeal Against Conviction:- On 8 April 2010 at the High Court at Glasgow the appellant was convicted of a charge of rape. At the trial the Crown relied on the appellant's police interview, which was conducted without the appellant having had the benefit of legal advice. Here, pending the decision of the Supreme Court in Jude and Others v H.M.A. 2011 SLT 722 in relation to waiver, the court considered whether, without the evidence of the police interview, there would have been:- ...
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Criminal appeal under section 174(1) of the Criminal Procedure (Scotland) Act 1995:- This was an appeal by both appellants following the sheriff's decision following a debate at which evidence was led, to repel pleas in bar of trial and refuse associated devolution minutes at the instance of both appellants. The minutes related to entrapment. The circumstances related to "Test Purchase Officers" on 6 February 2010 being instructed to attend a nightclub to make enquiries regarding ...
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Following trial at the High Court at Glasgow between October and December 2010 Mr Sheridan was convicted of perjury and the Crown withdrew the libel against Mrs Sheridan. In advance of the trial the trial judge repelled the accuseds' pleas in bar of trial based on prejudicial pre-trial publicity and related devolution minutes. Here the trial judge issued a Note in which he sets out his reasons for repelling the accuseds' minutes and further details the directions provided to the jury throughout ...
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This was an appeal against a Sheriff’s decision to dismiss an action in terms of Rule 15.7 of the Sheriff Court Rules, due to unfairness caused by an inordinate and inexcusable delay by the pursuer and appellant in progressing the case. In the action, which commenced on 23 September 2002, the appellant sought payment of the sum of £57,566.73 said to be remaining due to him when employed by the defenders and respondents from 2000-2002.Counsel for the appellant sought recall of the Sheriff’s inter ...
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The pursuer and appellant, a party litigant, appealed against the Sheriff’s decision to dismiss an action against his former Counsel, after a debate on the defender’s preliminary pleas. The pursuer sought firstly, a declarator that the defender was in breach of the Race Relations Act 1976 as amended; secondly, decree against the defender for payment of £11,000 or a sum to be determined by the court plus interest; and thirdly, expenses.The appellant submitted that the Sheriff had erred in law by ...
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This was an appeal against the respondents’ decision on 20 April 2011 in terms of section 324(5) of the Mental Health (Care and Treatment)(Scotland) Act 2003 to refuse the appellant’s application for revocation of a section 44 short term detention certificate.At the original hearing in respect of the application, the respondents relied on DET2 form (a proforma used by most detaining authorities) which was missing page 2. The appellant’s solicitor challenged the lawfulness of the detention, submi ...
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When considering whether to make an award for indemnity costs, it was necessary to consider whether a party's conduct was such that it should attract the court's censure. The Respondent had not made a misleading statement and it was not game playing. It had made a striking out application which was not hopeless, and though no reason was given for its abandonment the application was not improper and it was supported by a witness statement. It was held that mere abandonment should not give rise to ...
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Following findings of contempt against two family members of a Claimant in which the Claimant's daughter was 6 months imprisonment suspended for 12 months and 3 months imprisonment for the Claimant's husband suspended for 12 months, the Court ordered the relatives to pay 70% of the Defendant insurer's costs. The case against a third family member failed entirely so she was entitled to her costs of the action. The Defendant's insurer's costs were reduced first to take into account the lack of suc ...
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The interesting point in this adjudication enforcement decision is whether execution of a summary judgment in favour of enforcement of the adjudicator's decision should be stayed until the decision of a county court case which was hearing the same matter. It is established that a party may refer a dispute to adjudication even though it is the subject of current litigation as the Housing Grants, Construction and Regeneration Act 1996 permits the referral of a dispute "at any time". However, this ...
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