By Euan Dow on 23/05/2008 06:25
Petition for Judicial Review:- In this petition for judicial review the petitioner suffered from spina bifida and diabetes and was confined to a wheel chair. The Choices Day Centre in Aberdeen was operated for many years as a facility for, amongst others, persons with physical and sensory disabilities. The petitioner attended the Choices Day Centre for two days each week. The duty in relation to the needs of the petitioner arose under section 2(1) of the Chronically Sick and Disabled Persons Act ...
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By Euan Dow on 12/03/2008 11:19
Petition for Judicial Review:- This petition followed the appointment by the petitioners and the respondents of an adjudicator to arbitrate in relation to a sub-contrct which the petitioners entered in to with the respondents whereby they would provide services for the construction of a jetty. The arbiter had been given express powers, however, the parties were unable to agree on a set of arbitration rules. On 26 September 2006 the arbiter pronounced an interlocuter that the petitioners would be ...
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By Euan Dow on 25/02/2008 11:37
Judicial Review:- The petitioner was the heritable proprietor of the Land and Barony of Ardgowan in the County of Renfrew. By petition dated 24 May 2004 in the name "The Much Honoured Stephen Kerr of Ardgowan, Baron of Ardgowan" the petitioner petitioned Lyon for rematriculation of his father's arms with baronial additaments in respect of his Barony of Ardgowan. By letter to the petitioner dated 21 January 2005 the respondent refused to recognise officially the petitioner in that surname. The pe ...
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By Euan Dow on 25/02/2008 11:35
Judicial Review:- The petitioner was the heritable proprietor of the Lands, Lordship and Barony of Kilmarnock. The petitioner corresponded with Lyon about the barony and the design for his coat of arms. He presumed, in light of previous decisions of the respondent, that, in granting him a coat of arms with baronial additaments, he would recognise him in the name Ayre of Kilmarnock.When he received the draft text for the Letters Patent he noted that he had not been officially recognised in the na ...
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By Euan Dow on 25/02/2008 11:34
Judicial Review: The petitioner was the heritable proprietor of the superiority of All and whole the Lands and Estate of Whitecairns. As a result of the acquisition of that superiority the petitioner adopted the name Martin Stephen James Goldstraw of Whitecairns as his proper name, by which he became commonly known. He announced his adoption of that name in the Edinburgh Gazette of Tuesday 22 July 2003. The petitioner presented a petition to the Lord Lyon King of Armsin the name of Martin Stephe ...
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By Euan Dow on 21/02/2008 09:09
Judicial Review:- Here the petitioners sought a judicial review of a decision by the Highland Council to grant planning permission to Tesco Stores Limited for a superstore at Wick. Following upon the issue of planning permission on 28 April 2006 Tesco completed the building of the store and filling station and they opened for business on 27 November 2006 and have traded since then. Tesco have incurred building costs of £13.5 million and substantial stocking costs, and they employ some 300 s ...
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By Euan Dow on 06/02/2008 18:25
Judicial Review:- Here the petitioner, a 23 year old deaf Liberian man, sought judicial review of decisions of the Secretary of State for the Home Department to certify her decision to refuse the Petitioner's application on human rights grounds to remain in the United Kingdom, in terms of Section 94(2) of the Nationality Immigration and Asylum Act 2002, and to decide to remove the Petitioner from the United Kingdom. On 27 February 2007 the petitioner sought asylum under the Geneva Convention rel ...
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By Euan Dow on 06/02/2008 18:19
Judicial Review:- Here the petitioners, a company which seeks to prevent inappropriate development of onshore wind power stations, challenged the decision of the Highland Council on 16 May 2007 to grant planning permission to a wind farm at Edinbane, Skye. AMEC Project Investments Ltd applied in 2001 to develop a wind farm at Edinbane comprising 28 turbines. Due to concerns raised by local people, ornithologists and environmentalists the project was amended in August 2006 when AMEC proposed a de ...
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By Euan Dow on 06/02/2008 18:18
Judicial Review:- Here the petitioners, the daughter of Mrs. Eileen O'Hara, who died on 7 May 2003, and Mrs Jean Black, the widow of the Reverend David Black, who died on 31 October 2003, sought the judicial review of the decsion of the Lord Advocate and the Scottish Ministers not to hold fatal accident inquiries nor hold public inquiries into the deaths of Mrs. O'Hara and Mr. Black. Mrs. O'Hara and Mr. Black were amongst more than 4000 individuals who became infected with the Hepatitis C virus ...
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By Euan Dow on 31/01/2008 07:50
Judicial Review:- On 5 September 2002 the petitioner was convicted in the High Court at Edinburgh of an offence under the Misuse of Drugs Act 1971 and sentenced to nine years imprisonment from that date and thus a long term prisoner within the meaning of section 1 of the Prisoners and Criminal Proceedings (Scotland) Act 1993. From March 2005 to January 2007 he served his sentence in open prisons granting him periods of home leave. In December 2006 the second respondents referred the petitioner's ...
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