On 2 January 2008 the petitioner was playing for East Fife in a Scottish Football League Championship third division match against Stranraer Football Club at East Fife's home ground of New Bayview Stadium, Methil. At the end of the match there was a heated argument between both sets of players that continued in to the dressing room area of the ground. In his match report the referee stated:- "the phrase "black bastard" coming from the direction of the home dressing room door although I could not ...
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Judicial Review:- On 21 February 2003 the petitioner was sentenced at the High Court to six years imprisonment in respect of two charges of lewd, indecent and libidinous practices and behaviour towards a male and female step-child of the petitioner. The sentence will expire in February 2009. With effect from 21 February 2007 the petitioner was released on licence. On 27 March 2007 the Parole Board recommended that the petitioner be recalled to custody. In due course his licence was revoked and f ...
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Judicial Review:- On 21 February 2003 the petitioner was sentenced at the High Court to six years imprisonment in respect of two charges of lewd, indecent and libidinous practices and behaviour towards a male and female step-child of the petitioner. The sentence will expire in February 2009. With effect from 21 February 2007 the petitioner was released on licence. On 27 March 2007 the Parole Board recommended that the petitioner be recalled to custody. In due course his licence was revoked and f ...
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Petition for Judicial Review of an Interlocutor dated 22 August 2008 of the Sheriff at Haddington under section 28F of the Education (Scotland) Act 1980:- Section 28 of the Education (Scotland) Act 1980 sets out the general principle that "so far as is compatible with the provision of suitable instruction and training and the avoidance of unreasonable public expenditure, pupils are to be educated in accordance with the wishes of their parents." Section 28A states:- "(1) Where the parent of a qua ...
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The petitioner, a Nigerian citizen who arrived in the UK illegally in 2000, was arrested on suspicion of committing an offence in May 2007 and claimed asylum. The petitioner claimed to have a well founded fear of persecution in Nigeria. By letter dated 15 October 2007 the Secretary of State refused the petitioner's claim for asylum and his human rights claim. The Secretary of State concluded that there was no real threat to the petitioner and in any event he could relocate to another part of Nig ...
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Here the petitioner sought judicial review of a decision of the respondent contained in a letter dated 14 March 2008 refusing to treat submissions made on her behalf in a letter from the petitioner's solicitors dated 13 March 2008 as a "fresh claim" for asylum and the respondent's decision was made under error of law.The "new evidence" took the form of three documents:- (1) a Terrorist Declaration bearing to be issued by Police Headquarters, Algiers, and recording a complaint by a member of the ...
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This was an application to the supervisory jurisdiction of the court by Mrs Laureen Jean Fargie, the widow and next surviving kin of the late George Fargie. In March 2001 whilst undergoing surgery it became apparent that George Fargie had contracted Hepatitis C previously during a blood transfusion at the time of either a heart by-pass operation or an operation for the amputation of his leg. He died on 7 March 2003. Since the coming into operation of the Skipton Fund there has been enacted secti ...
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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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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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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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