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Case Summary: J.M. v. Fife Council [2008] CSIH63
- Expert comment from Compass Chambers: This decision of the First Division provides important guidance on (1) the appropriate test when challenging an award for solatium; (2) the basis on which interest...
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Case Summary: Her Majesty's Advocate v. L.C. [2007] HCJ10
- Expert comment from Black Stable: A drugs supply culpable homicide case<br>An interesting case in that it departs from the recently more popular approach in such cases.<br>The more common approach when...
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Case Summary: Aileen Gilmour -v- East Renfrewshire Council 5th December 2003
- Expert comment from Digby Brown: Background<br><br>The proof was restricted to the issue of liability, quantum having been agreed (in the sum of £55,000). The accident took place in the main corridor of...
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Case Summary: Reinwood Limited v L Brown & Sons Limited
- Expert comment from MacRoberts LLP: Background<br><br>The essence of the case was that the Employer's architect issued a notice of non-completion in accordance with the contract. Shortly afterwards, the...
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Case Summary: Spencer-Franks (Appellant) v Kellogg Brown and Root Limited and others (Respondents) (Scotland), [2008] UKHL 46
- Expert comment from Digby Brown: This case provides an in depth analysis of the application of the Provision and Use of Work Equipment Regulations 1998. The decision moves away from the restrictive approach...
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Case Summary: Mr K Kennaugh v Mr D Lloyd-Jones t/a Cheshire Tree Surgeons UKEAT/0208/08 & UKEATPA/1135/07
- Expert comment from Biggart Baillie Employment: In the case of Kennaugh v Mr D Lloyd-Johns t/a Cheshire Tree Surgeons, the issue of continuity of employment required to be examined by the EAT. This case...
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Case Summary: MacDonald v Bruce – Cupar Sheriff Court, 8 August 2008
- Expert comment from Digby Brown: Sheriff’s Findings in Fact: Pursuer suffered neck pain and headaches which settled 6 weeks after the accident. He also sustained severe lower back pain and right elbow...
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Case Summary: Appeal to the Court of Session under section 239 of the Town and Country Planning (Scotland) Act 1997 by CRE Energy Limited v. A Decision of the Scottish Ministers by their Reporter WMH Patterson Esq dated 3rd March 2005 [2006] CSOH 131
- Expert comment from Biggart Planning: Challenges to decisions of a Reporter in relation to site-specific appeals are rarely successful. The limited legal grounds for such challenges are clear. A recent...
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Case Summary: Her Majesty’s Advocate v James Cameron and Douglas Colin Fleming [2007] HCJ
- Expert comment from Black Stable: This Minute was one of two lodged on behalf of Mr Fleming relating to what became known as “the Remote Viewing Room or RVR issue”. One Minute was a Devolution Minute and...
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Case Summary: FBTO Schadeverzekeringen NV –v- Jack Odenbreit Case: C463/06
- Expert comment from Digby Brown: Rome II Regulation commences on 11 January 2009, this statute will determine choice of law and will outline which law applies in relation to procedure, substantive law...
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