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Most recent case entries
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By Euan A. Dow on 01/10/2014 12:20 PM
Criminal note of appeal against conviction:- On 26 July 2013, at Glasgow High Court, the appellant was convicted after trial of three charges:- (1) a contravention of section 5 of the Sexual Offences (Scotland) Act 1976, namely, on various occasions using lewd, indecent and libidinous practices and behaviour towards a girl, KG, his step-daughter, aged 12-16 years; (2) a charge of indecent assault on various occasions against KG; and (3) a charge of raping KG on various occasions. On 23 August 20 ...
By Euan A. Dow on 01/10/2014 12:16 PM
Criminal note of appeal against conviction:- On 11 October 2013, at Glasgow High Court, the appellant was convicted after trial of a charge of rape contrary to section 1 of the Sexual Offences (Scotland) Act 2009. His co-accused, Ross McCallum, was also convicted of the rape of the same complainer on a separate occasion on the same evening. On 7 November 2013 both were sentenced to 5 years imprisonment. The appellant appealed against his conviction on two grounds:- (1) that the trial judge had e ...
By Law Brief Publishing on 01/10/2014 8:34 AM
Z's patent for an asthma treatment was invalid on grounds of lack of inventive step in view of an earlier patent read in the light of the common general knowledge. Z's application to amend the claims was refused because the proposed amendments added subject matter to the claimed invention and did not in any event rescue the claims from the obviousness objection.
By Law Brief Publishing on 01/10/2014 8:33 AM
A claim for substantial damages following a road traffic accident was disputed by the defendant's insurers on the basis that the claim was fraudulent and the damage on the vehicle incompatible with the alleged incident. The claim was discontinued on the trial date. Insurers applied to commit the defendant. On the facts there was powerful evidence of fraud and dishonesty involving false witness statements. The claimant was found liable for contempt and sentenced to 12 months imprisonment.
By Euan A. Dow on 30/09/2014 11:05 AM
Criminal note of appeal against conviction:- On 24 July 2013, at Glasgow High Court, the appellants were convicted after a lengthy trial of various charges including inter alia the murder of three members of the Sharkey family in Helensburgh who died after their home was wilfully set on fire on 2 July 2011. On 25 July 2013 the appellants were sentenced to life imprisonment with punishment parts fixed at 33 and 29 years respectively. The appellants appealed against their convictions. No appeals w ...
By Law Brief Publishing on 29/09/2014 6:08 PM
Is the conduct of the defence capable of constituting an aggravating factor for sentence? The Appellant was convicted of two offences, namely (1) being concerned in the supply of controlled drugs of Class A; and (2) possession of a controlled drug of Class A with intent. He was sentenced to six and a half years' imprisonment on each Count to be served concurrently. The Appellant appealed against sentence with the leave of the single Judge on the basis that the sentencing Judge was over-influe ...
By Law Brief Publishing on 29/09/2014 6:06 PM
The Claimants had been passengers in the Defendant's taxi. It was alleged that they had sought to get out of the taxi and leave the scene without paying. Three of the Claimants' friends had run from the scene and the Defendant started moving his taxi to prevent the Claimants from escaping. The Claimants had jumped from the moving taxi and sustained serious injuries. It was held that any fault by the taxi driver was overwhelmed by the intentions and actions of the Claimants. Even if the Defend ...
By Law Brief Publishing on 25/09/2014 3:12 PM
Reviewing the criteria for committing a youth for trial to the Crown Court. This was a claim for judicial review brought by the Claimant who was twelve years of age. The Claimant sought judicial review of the decision of District Judge made in the Youth Court to commit him for trial to the Crown Court pursuant to what is now the Crime and Disorder Act 1988, s.51A(3)(b). The Claimant was eleven years of age at the time of the offence with which he was charged, namely a single offence of causin ...
By Law Brief Publishing on 25/09/2014 3:11 PM
Misusing an order for costs in an attempt to discipline the Director of Public Prosecutions. Peter Barry Goodison, the driver of a bus, was prosecuted for an offence of causing death by careless driving. Mr Goodison was tried at the Crown Court at Sheffield and was acquitted. After the acquittal the trial Judge determined that the failure to prosecute another driver involved in the collision and the decision only to prosecute Mr Goodison were improper acts or omissions. The trial Judge theref ...
By Law Brief Publishing on 24/09/2014 5:00 PM
This costs judgment by Ramsey J considers the circumstances in which (i) it would be appropriate to make a Bullock or Sanderson Order for the unsuccessful Defendant (SHP) to pay the NHBC's costs and (ii) whether the Claimant could recover its costs of pursuing the NHBC from SHP. The facts of the case were somewhat unusual. The Claimants were a group of residents of an estate in Hartlepool who issued a claim against SHL and NHBC for issues with the foundations in their homes. The proceedings agai ...
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