This search includes all content on the Scottish Parliament website, except for Votes and Motions. All Official Reports (what has been said in Parliament) and Questions and Answers are available from 1999. You can refine your search by adding and removing filters.
Providing this property stays in the same form, or substantially the same form, the property falls outside the scope of matrimonial or partnership property.iFamily Law (Scotland) Act 1985, section 10(4) and (4A).1Whittome v Whittome (No 1) 1994 SLT 114. (1994).2McNulty v McNulty 2016 Fam LR 145. (2016).
In a further court case in 2014 (R (on the application of AM) v Director of Public Prosecutions [2014] UKSC 38) considered the position of someone who was not a friend or relative – such as a professional carer – who provided assistance to someone to end their lives.
It concludes by saying:
On balance, therefore, we recommend the Scottish Parliament passes the Legislative Consent Motion (LCM) for the relevant sections of the V&P Bill including the proposed UK Government amendments.
On the whole the Court of Appeal held that the power to depart from retained EU case law should ‘be exercised with great caution’ (Chelluri v Air India, per Lord Justice Coulson).
The Supreme Court also held that the factors to be considered in assessing proportionality include:
the gravity of the information;
its reliability and relevance;
the applicant's opportunity to rebut the information;
the period that has elapsed since the relevant events; and
the adverse effect of the disclosure.3The Supreme Court. (2009). R (L) v Commis...
Consultation on updated guidance is underway
Montgomery v Lanarkshire Health BoardiThroughout this briefing Montgomery v Lanarkshire Health Board [2015] UKSC 11 will be referred to as 'Montgomery'.
I look forward to hearing from you by 1 March 2024 Yours sincerely, AIRI GOUGEON M Sco ttish Min iste r s , sp e cial adv is e r s a nd th e Pe r m a n e n t Se cr e ta ry a r e co v e r e d by th e te r m s of th e Lobby in g (Sco tla nd) Act 2 0 1 6 .