The Tribunal considered the criteria for allowing non-parties to make submissions under Rule 37(2) of the revised ICSID arbitration rules.
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Sentencing guidelines applicable to the supply of a cannabis as a class B drug applied equally now that cannabis had been reclassified to class C.
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The court handed down guidance for Crown Courts when imposing ASBOs post-conviction.
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Proceeds of Crime Act 2002
Interim Administration Order: The Petitioners sought orders relating to civil recovery of property through the unlawful conduct of the Respondents. Court here sought to strike a fair balance between the demands of the general interest of the community and the requirements of the protection of the individual's fundamental rights. The Respondents argued that what the Scottish Ministers sought to do was a breach of ECHR Article 7 which provides:- "(1) No one shall be guilty of any criminal offence ...
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Criminal Procedure
The accused was indicted to Edinburgh High Court on a charge of attempted murder. There had been extensive earlier procedure in the case. The accused was in custody having had his licence revoked. A fixed trial diet was assigned for 11 January 2006. The trial was due to commence that day at 2pm. The accused was not brought from custody, the Crown seemingly unaware of his status. On discovering the mistake the Advocate Depute sought an adjournment and necessary bail timebar extension by calling t ...
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A defendant charged with drink driving had to provide some material before disclosure would be granted where it was asserted that modifications to intoximeters had taken the devices outside of type approval
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A sign which consisted of a technically efficacious shape presented in a stylized form did not ‘consist exclusively’ of a shape necessary to obtain a technical result, since the surplus of form over function was aesthetically significant. However, the hearing officer was held to have been right to find that the sign was not inherently distinctive and had not acquired distinctiveness.
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On appeal, an order reducing the specification of goods for a registered mark was narrowed further, so that “computer software and computer programs” was qualified by “for use in or with banking or financial telecommunications systems”. It was held that an order reducing a specification of goods should identify and define not particular examples of goods for which there had been genuine use, but the particular categories of goods which they should realistically be taken to exemplify.
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Criminal Procedure - Failure by Crown to move for
Three accused were indicted in relation to contraventions of the Misuse of Drugs Act 1971. On 6 September 2005 at a Preliminary Hearing accused 2 and 3 had partial pleas accepted by the Crown. The first accused had his case continued to trial. The Advocate Depute did not move for sentence against 2 and 3 at that time but rather asked the court to continue the case against 2 and 3 to the first accused's trial. The question arose whether there was an 'implied' motion for sentence by the A.D. or, m ...
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The FSA found that the applicant was not fit and proper by reason in particular of his alleged inability and unwillingness to complete his company's pension review, his dealing with clients, his repeated inconsistencies in his dealings with the regulator, his failure to comply with decisions of the Financial Ombudsman Service and his trading while unauthorised and uninsured. The Tribunal found that the applicant's evidence was not wholly credible and on the basis of their concerns about his p ...
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