Employment of Counsel
Appeal Court: Appeal of refusal by Sheriff to grant devolution minute. The appellants were indicted on various charges under the Copyright, Design and Patents Act 1988 and the Trademarks Act 1994. Applications to the Scottish Legal Aid Board for sanction for employment of junior counsel was refused. The first appellant lodged a devolution minute to the effect that the indictment should be dismissed as he would not receive a fair trial in terms of Article 6(3)(b), (c) and (d) of the European Conv ...
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Appeal Court: Opinion of the Court delivered in reference by the Sheriff at Forfar Sheriff Court. Minuter was charged on indictment with theft of a motor vehicle and wilful fire-raising. Minuter detained under s14 of the Criminal Procedure (Scotland) Act 1995. Minuter not offered legal assistance nor did he ask to be represented. He was granted right to intimate to a named solicitor the fact and place of his detention. Thereafter, the minuter was interviewed in the absence of representation and ...
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OUTER HOUSE;Action for declarator of the occurence of a nuisance and infringement of Convention Rights arising from aircraft flying at less than 250 feet. Action for damages in the sum of £100,000. The pursuer represented herself in respect of this action for declarator and for damages. The pursuer averred that Operational Low Flying carried out by the RAF over her farm amounted to a nuisance and a breach of her private and family life and home, to her detriment and injury. Disputed: whether in ...
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This case raises important issues about the meaning and application in practice of s.115(7) of the Police Act 1997 as to the information that is to be provided by the chief officer of a police force to the Secretary of State for inclusion in an enhanced criminal record certificate (“ECRC”). The appellant L was the mother of X who was born in 1989. Following upon a child protection conference in 2002, X’s name was placed on the child protection register under the category of ne ...
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Ms Purdy suffers from primary progressive multiple sclerosis for which there is no known cure. It was diagnosed in 1995 and it is progressing. She expects that there will come a time when her continuing existence will become unbearable. When that happens she will wish to end her life while she is still physically able to do so. But by that stage she will be unable to do this without assistance. So she will want to travel to a country where assisted suicide is lawful, probably Switzerland. Her hu ...
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No interference of right to manifest religion under Art. 9 ECHR. A school's refusal to allow a pupil to wear a jilbab at school did not interfere with her right under the European Convention on Human Rights 1950 Art.9 to manifest her religion and, even if it did, the school's decision was objectively justified under Art.9(2). In the circumstances, the pupil had not been denied access to education in breach of Protocol 1 Art.2 of the Convention.
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Protocol 1 Art. 2 ECHR – Right not to be denied access to the general level of educational provision available. The European Convention on Human Rights 1950 Protocol 1 Art.2 did not confer a right to be educated at a particular school but rather conferred a right not to be denied access to the general level of educational provision available in the Member State. On the evidence a pupil had not been excluded from school education in breach of his Convention rights in circumstances where he had c ...
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Administration of Justice. It was held that an inquest had not been full and fair and a new inquest was therefore ordered to investigate why a schizophrenic who was at risk of self harm had been able to leave the A&E department of a hospital before being seen by a doctor. Where a person died as a result of what was arguably medical negligence in an NHS hospital, the system in operation in England, including both the possibility of civil process and the inquest, met the requirements of Art.2 of t ...
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Discretion not to hold inquest where death probably not unnatural. A coroner was held to be entitled to refuse to hold an inquest into the death of a child where she was satisfied that the death was not unnatural.
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