Case Summaries Up To July 2009
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By Euan A. Dow on 30/07/2009 15:24
In this petition for judicial review the petitioner sought to challenge the decision of the Lord Advocate, dated 8 May 2008, refusing a request that a fatal accident inquiry be held into the circumstances surrounding the death of the petitioner's daughter. On 19 December 1995 Richard Karling was found guilty of the murder of the petitioner's daughter on 27 June 1995. He subsequently lodged an appeal against his conviction and at the appeal hearing further evidence was led. A key aspect of the Cr ...
By Euan A. Dow on 08/01/2009 17:40
On 5 February 2008 an Opinion was issued and the Court pronounced interlocutors in the two petitions, which reduced the decision of the first respondent in refusing to order a Fatal Accident Inquiry into the deaths of Mrs. Eileen O'Hara and the Reverend David Charles Black. At that time the court ordered that a further hearing be arranged in each petition for the discussion of further procedure. After 5 February 2008, the Court was advised that the respondents did not intend to reclaim against t ...
By Catherine Hart on 30/01/2008 22:50
Following an FAI, Sheriff Mitchell determined that Thomas Bolesworth died on 6 January 2006 in Glasgow Royal Infirmary and that the accident which resulted in his death took place on 30 December 2005 in the meat preparation room of a butcher's premises in Duke Street, Glasgow. The circumstances of the accident were not fully established, but the Sheriff determined that, while working in the course of his employment as a butcher alone in the meat preparation room, Mr Bolesworth had removed the li ...
By Catherine Hart on 05/12/2007 21:20
Fatal Accident Inquiry Following a Fatal Accident Inquiry, Sheriff Johnston found that Robert George Cumming died at Hilton Farm, Boyndie on 9 March 2007. The cause of death was traumatic asphyxia as a result of being frequently butted on the chest and abdomen by a cow. Mr Cumming had been planning to tag a number of calves in the cattle shed at his farm. He was to be assisted by a student who was working at the farm during a college holiday. Mr Cumming had been aware that one of the cows was p ...
By Catherine Hart on 25/11/2007 12:20
Fatal Accident Inquiry - Death of Police Officer in Road Traffic AccidentFollowing a Fatal Accident Inquiry, Sheriff Millar determined that PC Kevin Lowe died at the junction of the A77 northbound and Symington North, Symington on 20 October 2006. The causes of death were: (1) (a) head and chest injuries due to (b) a road traffic accident. There were no reasonable precautions whereby the death and any accident resulting in the death might have been avoided and there were no defects in any system ...
By Catherine Hart on 08/11/2007 17:58
Fatal Accident Inquiry Mrs McGinnis died at Ninewells Hospital in Dundee in July 2003. The cause of death was an arrhythmia brought on by chronic rheumatic heart disease. Following a Fatal Accident Inquiry, the Sheriff found that there were no reasonable precautions whereby the death might have been avoided and there were no defects in working which contributed to the death. Mrs McGinnis had had rheumatic fever as a child, and as a result, suffered from rheumatic heart disease in adulthood ...
By Catherine Hart on 25/10/2007 12:37
  Fatal Accident Inquiry - Death in Prison A 21 year old, Daniel Crew, hung himself in Saughton Prison on 12 September 2006. He had been sentenced to 2 months’ imprisonment 8 days earlier for 2 offences of breach of the peace. Following a fatal accident inquiry, Sheriff Morrison, QC found that there were no reasonable precautions which could have prevented Daniel’s death and there were no defects in any system of working which contributed to his death. It had not been possible to ascertai ...
By Stephen Moore on 18/10/2007 12:03
Fatal accident EnquiryKyle Brown, whose date of birth was 29 July 2004, died at the Royal Hospital for Sick Children in Edinburgh on 2 April 2006. The cause of his death was meningococcal septicaemia. Following a Fatal Accident Inquiry, Sheriff Lothian determined that Kyle’s death might have been avoided if call handlers at NHS 24 had been provided with a "routing tool" sufficient to enable them to initiate immediate emergency action in respect of the presentation of symptoms of meningococcal se ...
By Stephen Moore on 17/09/2007 22:00
Fatal Accident Inquiry - Accident at Work Mr Birse died on 10th May, 2006 . He had been working to remove the roof from a building when he fell. He suffered craniocerebral injuries as a result of blunt force trauma caused by the fall. Sheriff Veal confirmed that the Inquiry could not allocate responsibility for what happened. There had been an investigation by the Health and Safety Executive following Mr. Birse’s death.  The Sheriff was supportive of, and would not fault, the HSE inspector ...
By Euan A. Dow on 23/08/2007 00:00
-On 21st January 2002 at around 12.45 at 411/2 Union Street, Aberdeen the deceased died from "crush asphyxia" consequent on a fall of masonry. Despite the inherent dangers of building sites, the court looked at whether the existing regulations had been complied with and existing good practice followed, and whether the likelihood of Mr Petersen's death occurring could have been reduced.
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