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Official Report Meeting date: 21 January 2014

Education and Culture Committee 21 January 2014

Although it has never been the case that ministers’ decisions have been biased or influenced by political considerations, it is a perception that is often hard to refute, so it is better that in the future those decisions will be taken away from the political spotlight and be made at arm’s length from ministers.Amendment 409 also provides for the panels to be able to draw on advice from HMIE, as well as information from the education authority and any other person, just as ministers may obtain expert advice from HM Inspectorate of Education at the call-in stage.The judgment in the case of Comhairle nan Eilean Siar v...
Official Report Meeting date: 6 November 2012

Justice Committee 06 November 2012

I accept that, but the Scottish Court Service has pronounced from on high, and the case of B v G was about how matters are dealt with, not just where they are dealt with.
Official Report Meeting date: 20 September 2011

Justice Committee 20 September 2011

I add to that that the definition of breach of the peace has a reasonable person test built into it. In the leading case of Smith v Donnelly, it was held that breach of the peace may occur where the conduct complained of is“severe enough to cause alarm to ordinary people and threaten serious disturbance to the community.”The conduct must be“genuinely alarmi...
Official Report Meeting date: 6 September 2011

Health and Sport Committee 06 September 2011

Having a level of qualification and a professional background is, in some ways, helpful, but I am sure that we have all read the horrific report on the Mrs V case, which involved skilled consultants, nurses and doctors.
Official Report Meeting date: 13 April 2010

Justice Committee 13 April 2010

However, following the ruling in the case of Harris v HM Advocate in 2009, that approach may no longer be possible.
Official Report Meeting date: 15 January 2014

Rural Affairs, Climate Change and Environment Committee 15 January 2014

The Land Court has to have regard to the jurisprudence of the ECHR, which includes the Salvesen v Riddell judgment. One of the options that is not open to the Land Court would be to do something inconsistent with the decision on Salvesen v Riddell.
Official Report Meeting date: 25 March 2014

Justice Committee 25 March 2014

Mr Moxham is correct to say that Scotland has led the UK in the field of health and safety for more than 100 years, with the abolition of common employment, a safe system of work, the dust and disease cases in the 1960s and 1970s, the health and safety cases now, and, of course, Donoghue v Stevenson. That was the case involving ginger beer.
Official Report Meeting date: 5 March 2014

Infrastructure and Capital Investment Committee 05 March 2014

What is clearly going to happen is that at two-month intervals we will see the south approach viaduct steelwork being launched out from the south shore. A V-shaped pier will progressively appear and then the approach viaduct steel will be pushed over that.
Official Report Meeting date: 27 February 2013

Finance Committee 27 February 2013

Our view has been informed by Lord Hope’s judgment in the Court of Session in—this is a blast from the past—Glenrothes Development Corporation v Inland Revenue Commissioners 1994.
Official Report Meeting date: 9 May 2019

Justice Sub-Committee on Policing 09 May 2019

The Scottish Criminal Bar Association has called into question the extent to which Police Scotland appears to be resting on the outcome of two particular cases and is drawing principles from them that appear to be broader, certainly according to the SCBA, than the court intended. The cases are JL and EI v HM Advocate and HM Advocate v Rollo.

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