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Most recent case entries
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By Law Brief Publishing on 26/11/2014 1:07 PM
Shipowners sought to recover losses from hull and machinery underwriters. The engine room was flooded and the vessel incapacitated after the crew had allowed seawater to remain in the emergency fire hose before sailing. The seawater had frozen, expanded, cracked the casing and subsequently melted and leaked out of the hose. In making the claim a different explanation was put forward to explain the water reaching the engine room. It was wrongly claimed that the bilge alarms had activated but been ...
By Law Brief Publishing on 26/11/2014 1:05 PM
The Court of Appeal dismissed an appeal against an order providing that a co-habitant pay £28,500 in respect of a claim in respect of a proprietary estoppel. His ex-partner had left secure rental accommodation on which she had spent considerable sums to live with him on the basis of a promise that she would have a 'home for life'.
By Law Brief Publishing on 26/11/2014 1:04 PM
The Court of Appeal dismissed a Mother's application for permission to appeal out of time care and placement orders. She sought to admit fresh evidence and permission was also refused for this on the basis it did not meet the Ladd v Marshall test even allowing for some flexibility in the strict interpretation of this within family proceedings.
By Euan A. Dow on 24/11/2014 12:32 PM
Crown appeal against sentence:- On 3 April 2014, at Glasgow High Court, the respondent was found guilty after trial of a charge of murder. On 1 May 2014, following the preparation of a criminal justice social work report, the sentencing judge imposed a punishment part, in terms of section 2 of the Prisoners’ and Criminal Proceedings (Scotland) Act 1993, of 12 years. Here the Crown appealed against the punishment part selected on the grounds that it was unduly lenient in terms of section 108 and  ...
By Euan A. Dow on 24/11/2014 12:30 PM
Crown Bill of Advocation:- The respondent has been indicted to Glasgow Sheriff Court. During the course of lengthy procedure the respondent had failed to appear at a first diet and a warrant was granted for his arrest under section 102A(2) of the Criminal Procedure (Scotland) Act 1995 and in terms of section 102A(5) the indictment would ordinarily “fall”. The Crown, however, made a motion to preserve the trial diet and the court ordered that the “indictment shall not fall” in terms of section 10 ...
By Euan A. Dow on 24/11/2014 12:26 PM
Note of appeal against conviction and sentence:- On 8 February 2013, at Glasgow High Court, the appellant was convicted after trial of a charge of murder. The appellant was also convicted, along with his co-accused and partner, Lorraine Callaghan, of attempting to defeat the ends of justice which included setting fire to the body of the deceased and to the flat where the murder had taken place. On 8 March 2013, the appellant was sentenced to life imprisonment with a punishment part of 25 years.  ...
By Euan A. Dow on 24/11/2014 11:39 AM
Note of appeal against conviction:- On 8 April 2014, at Perth High Court, the appellant was convicted after trial of charges of rape and attempted robbery (charge 1), rape and robbery (charge 3) and assault with intent to rape (charge 4). On 30 April 2014 the appellant was sentenced to an extended sentence of 10 years and 11 months with a custodial element of 7 years and 11 months in respect of charges 1 and 3, with a concurrent sentence of 3 years in respect of charge 4. The appellant appealed ...
By Euan A. Dow on 24/11/2014 11:36 AM
Note of appeal against conviction:- On 26 March 2013, at Kilmarnock Sheriff Court, the appellants were convicted after trial of two charges of assault to severe injury and permanent disfigurement. On 14 April 2014 the first appellant was sentenced to a cumulo period of two years imprisonment and the second appellant was sentenced to a cumulo period of two years detention backdated to the date of their conviction when they were first remanded in custody. The appellants appealed against their conv ...
By Law Brief Publishing on 24/11/2014 9:51 AM
On 4 December 2013, the Lord Chancellor announced his decision to bring into force sections 44 and 46 of the Legal Aid Sentencing and Punishment of Offenders Act 2012 (LASPO) in relation to mesothelioma claims. While both sections 44 and 46 of LASPO, which preclude the recovery of success fees and ATE insurance premiums in civil litigation, were brought into force on 1 May 2013, their application to mesothelioma claims was delayed by section 48(1) of LASPO pending "(a)....a review of the like ...
By Law Brief Publishing on 24/11/2014 9:48 AM
The Claimant assignees made a claim against the Defendant main contractors for alleged defects in a large development in Birmingham. The value of the claim was £18 million and was in excess of the £2 million upper limit in application at the time the claim was made in CPR r.3.13 for costs budgets to be filed. In this case management conference the Defendant sought a four-month window in the middle of the timetable to trial so the parties could explore alternative dispute resolution. Th ...
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