Archive for the 'Scotland' Category

Enviroco Ltd v Farstad Supply A/S – WLR Daily

Enviroco Ltd v Farstad Supply A/S [2011] UKSC 16; [2011] WLR (D) 126

“When a Scottish holding company’s entire shareholding in one of its subsidiary companies had been pledged to a Scottish creditor as security and, pursuant to Scots law, the creditor had become the registered shareholder, the subsidiary company was, for the purposes of section 736 of the Companies Act 1985, no longer a subsidiary of the holding company.”

WLR Daily, 6th April 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

‘Serious concerns’ over UK Supreme Court change – BBC News

“The Scottish government is to outline its ‘serious concerns’ about plans which it says could threaten the historic independence of Scots law.”

Full story

BBC News, 1st March 2011

Source: www.bbc.co.uk

Principal Reporter v K and others – WLR Daily

Principal Reporter v K and others [2010] UKSC 56; [2010] WLR (D) 332

“Positive procedural obligations inherent in the right to respect for family life required sufficient safeguards to be put in place so that a parent or other person whose family life with the child was at risk in the proceedings was given a proper opportunity to participate in the decision-making process.”

WLR Daily, 16th December 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Cadder v HM Advocate (HM Advocate General for Scotland and JUSTICE intervening) – WLR Daily

Cadder v HM Advocate (HM Advocate General for Scotland and JUSTICE intervening) [2010] UKSC 43 SC; [2010] WLR(D) 268

“An accused’s rights would, in principle, be irretrievably prejudiced if incriminating statements made during police interrogation without access to a lawyer were admitted in evidence at trial. Accordingly, s 14 of the Criminal Procedure (Scotland) Act 1995 should be read and given effect so as to preclude the admission of such evidence, unless in the particular circumstances of the case there had been compelling reasons for restricting access to a lawyer.”

WLR Daily, 26th October 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Farstad Supply AS v Enviroco Ltd – WLR Daily

Farstad Supply AS v Enviroco Ltd [2010] UKSC 18; [2010] WLR (D) 113

“A requirement in a charterparty for the owner to indemnify the charterer against claims resulting from loss or damage in relation to the vessel was not limited to a requirement for the owner to reimburse claims against the charterer by third parties but precluded the owner from recovering damages from the charterer in respect of the charterer’s own negligence. It followed that where it was alleged that the charterer and a third party had jointly caused damage to the vessel whilst it was berthed in Scotland and, because of the indemnity agreement, the owner sued only the third party in the Scots courts, the third party would not be able to claim a contribution under s 3(2) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940 from the charterer as a ‘person who, if sued, might also have been held liable’.”

WLR Daily, 6th May 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Allison v HM Advocate – Times Law Reports

Allison v HM Advocate

Supreme Court

“In criminal proceedings in Scotland, the Crown was under the same obligation to disclose to the defence any outstanding charges against a prosecution witness as it was to disclose a witness’s previous convictions.”

The Times, 17th February 2010

Source: www.timesonline.co.uk

Burns v HM Advocate – WLR Daily

Burns v HM Advocate [2008] UKPC 63; [2008] WLR (D) 392

Where a defendant, who was resident in Scotland, was interviewed in England by police officers who told him that there was sufficient evidence on which to charge him with offences relating to child pornography and that they would recommend such a course, the reasonable time requirement to which he was entitled under art 6(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms, as scheduled to the Human Rights Act 1998, was to be calculated from the date of that interview and not from the later date on which the Lord Advocate, as the competent authority in Scotland, required the defendant to answer charges on which he was indicted to stand trial in Scotland.”

WLR Daily, 17th December 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

McDonald v HM Advocate – Times Law Reports

McDonald v HM Advocate

Privy Council

“The refusal by the High Court of Justiciary in Scotland to receive a devolution minute was the determination of an issue sufficient to give jurisdiction to the Judicial Committee of the Privy Council to hear an appeal.”

The Times, 5th November 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Helow v Secretary of State for the Home Department – WLR Daily

Helow v Secretary of State for the Home Department [2008] UKHL 62; [2008] WLR (D) 00; [2008] WLR (D) 326

“A judge’s membership of a Jewish association whose magazine had expressed extreme views against Palestinian causes did not in itself imply that the judge shared or endorsed such views so as to require her determination of an immigration appeal by a Palestinian activist to be set aside.”

WLR Daily, 23rd October 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Common Services Agency v Scottish Information Commissioner – Times Law Reports

Common Services Agency v Scottish Information Commissioner

House of Lords

“Information concerning the incidence of childhood leukaemia in a particular postal area should not be disclosed unless either it could be anonymised so that it was not personal data or could be released in a form which did not contravene one of the data protection principles under the Data Protection Act 1998.”

The Times, 14th July 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Common Services Agency v Scottish Information Commissioner – WLR Daily

Common Services Agency v Scottish Information Commissioner [2008] UKHL 47; [2008] WLR (D) 231

Information which in its basic form would constitute ‘personal data’ for the purposes of s 1(1) of the Data Protection Act 1998 could be released under the Freedom of Information (Scotland) Act 2002 provided it had been modified in such a way that it was rendered anonymous, so that no individual from whom it was derived was identifiable, as it would then no longer be ‘personal data’ within the meaning of s 1(1).”

WLR Daily, 10th July 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.


King v Serious Fraud Office – Times Law Reports

King v Serious Fraud Office

Court of Appeal

“A restraint order made in an English court after a request from a foreign prosecutor for such an order on property did not apply to property in Scotland.”

The Times, 23rd May 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21days from the date of publication.

Hands off our kilts: Scots bid to copyright their national dress – The Independent

“To Scotland, it is as important as Parmesan is to Italy and champagne is to France. Now the national dress, the kilt, could soon get the same type of brand protection as its European counterparts.”

Full story

The Independent, 29th February 2008

Source: www.independent.co.uk

Ban on children held in prisons – BBC News

“The Scottish Government is to scrap laws which allow children under 16 to be held in jail without having been convicted of an offence.”

Full story

BBC News, 21st February 2008

Source: www.bbc.co.uk

Decision against animal snare ban- BBC News

“The Scottish Government has decided against a ban on animal snares.”

BBC News, 20th February 2008

Source: www.bbc.co.uk

Rent a home in Scotland and get cancer drugs free, QC tells English patients – The Times

“English cancer patients should rent a second home in Scotland to gain access to drugs not available in England, an expert on NHS law suggested yesterday.”

Full story

The Times, 14th November 2007

Source: www.timesonline.co.uk

Proposal to cut Scottish MPs out of English votes ‘would put Union in peril’ – The Times

“The constitutional relationship between England and the rest of the United Kingdom has been thrown to the centre of the next general election after senior Conservatives backed plans to strip Scottish MPs of the right to vote on English matters.”

Full story

The Times, 29th October 2007

Source: www.timesonline.co.uk

Somerville and others v Scottish Ministers (HM Advocate General for Scotland intervening) – WLR Daily

Somerville and others v Scottish Ministers (HM Advocate General for Scotland intervening)

“The time-limit in s 7(5) of the Human Rights Act 1998 did not apply to a claim for damages based on breach of a Convention right by a member of the Scottish Executive where the act or failure to act relied on was outside devolved competence and thus ultra vires in terms of the Scotland Act 1998.”

WLR Daily, 17th October 2007

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Moncrieff and another v Jamieson and others – WLR Daily

Moncrieff and another v Jamieson and others [2007] UKHL 42

“A servitude right to park vehicles, where necessary for the comfortable use and enjoyment of a right of vehicular access, was capable of being constituted in the law of Scotland as ancillary thereto.”

WLR Daily, 17th October 2007

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

English lawyers take the high road – The Lawyer

“A poor work-life balance and the high cost of living is leading English lawyers to head north of the border to practise, according to Scottish law firms and recruiters.”

Full story

The Lawyer, 3rd September 2007

Source: www.thelawyer.com

Estranged husband not entitled to share of win – The Times

“Gerry Cunningham is a lucky man. This morning his estranged lottery-winning wife Angela promised to share her winnings but under Scottish law she has no obligation to be so generous.”

Full story

The Times, 15th August 2007

Source: www.timesonline.co.uk

Lockerbie bomber granted second legal appeal – The Times

“A former Libyan intelligence officer found guilty of the 1988 Lockerbie bombing was given permission today to launch a second appeal against his conviction.”

Full story

The Times, 3rd July 2007

Source: www.timesonline.co.uk

Lockerbie bomber granted new appeal – Daily Telegraph

“The Libyan intelligence agent convicted of the Lockerbie bombing has been granted a second appeal after an independent commission ruled yesterday that his conviction was unsafe.”

Full story

Daily Telegraph, 29th June 2007

Source: www.telegraph.co.uk

Wilson v. Jaymarke Estates Ltd. – Times Law Reports

Advocates must respect privilege

Wilson v. Jaymarke Estates Ltd.

House of Lords

“Although an appeal to the House of Lords could be brought without leave from the Inner House of the Court of Session in an appeal against a final judgment of a sheriff court, the appeal was limited to questions of law.”

The Times, 28th June 2007

Source: www.timesonline.co.uk  

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

DS v. HM Advocate – Times Law Reports

When accused tries to import victim’s sexual history

DS v. HM Advocate

Privy Council

“A Scottish statute providing that when a court gave permission for a person accused of certain sexual offences to lead evidence of the alleged victim’s previous sexual history, there was a presumption in favour of laying before the jury the accused’s previous convictions for sexual offences unless he could show that such disclosure would not be in the interests of justice, or would prejudice his right to a fair trial.”

The Times, 12th June 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Law: Scots take aim across the border – Daily Telegraph

“Imagine a system in which everyone who passes the Bar exams is guaranteed a job as a barrister. That would be a drastic change: nobody can practise at the English Bar without first spending time in chambers as a pupil, and there are pupillages available for only between a third and a quarter of those students who get through the Bar’s compulsory vocational course.”

Full story

Daily Telegraph, 7th June 2007

Source: www.telegraph.co.uk


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