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Official Report Meeting date: 1 October 2013

Justice Committee 01 October 2013

The matter was considered recently by the appeal court in McCann v HMA. As a result of that, the Lord Advocate issued guidance that indicated that, in relation to 16 and 17-year-old suspects, there is to be a strong presumption that they should not be able to waive their right of access to legal advice.
Official Report Meeting date: 15 April 2013

Local Government and Regeneration Committee 15 April 2013

Unfortunately, the committee is all too aware of the case of Dirk Rüffert v Land Niedersachsen, which stops you from doing that.
Official Report Meeting date: 25 January 2012

Economy, Energy and Tourism Committee 25 January 2012

Those were drafted in response to the case of PMP Plus Ltd v the keeper of the registers of Scotland a couple of years ago.
Official Report Meeting date: 4 October 2011

Health and Sport Committee 04 October 2011

Nevertheless, I recognise that we must always keep it under review and I am acutely aware of the fact that a number of recent events—the failures of care at the Elsie Inglis nursing home, the Mental Welfare Commission for Scotland’s report on Mrs V and the collapse of Southern Cross Healthcare—will have dented public confidence in the services that we provi...
Official Report Meeting date: 13 September 2011

Health and Sport Committee 13 September 2011

I suppose that we are as guilty of that as anyone with our report on Mrs V; although that was not a care home case but a hospital case, it revealed the same issues.The MWCS has been doing proportional and risk-based assessment for a few years now, and we generally support the model.
Official Report Meeting date: 5 March 2020

Equalities and Human Rights Committee 05 March 2020

I understand that the 1979 European Court of Human Rights judgment in Marckx v Belgium renders that unnecessary, but it is still an issue of confusion for registrars.
Official Report Meeting date: 30 January 2020

Culture, Tourism, Europe and External Affairs Committee 30 January 2020

Clearly, the Sikh Federation UK is very strong in its belief and it has referred to a case that took place in the House of Lords in 1983, Mandla v Dowell-Lee, as part of its argument.
Official Report Meeting date: 8 January 2020

Meeting of the Parliament 08 January 2020

The recent Supreme Court judgment in Cherry and others v Advocate General for Scotland shows the importance of parliamentary scrutiny, and of the accountability of the Executive to legislators during the process of European Union exit.
Official Report Meeting date: 25 April 2017

Delegated Powers and Law Reform Committee 25 April 2017

In short, those difficulties are principally to do with the revocability of these rights and the understanding in Scots law since the seminal Carmichael v Carmichael’s Executrix case in 1920 that, in order to properly confer a third-party right, there has to be irrevocability.
Official Report Meeting date: 27 September 2016

Delegated Powers and Law Reform Committee 27 September 2016

It is in your written response to the legal adviser’s questions that the regulations are not a direct response to the court’s judgment in the case of Elizabeth Hunter v The Student Awards Agency for Scotland and the Scottish ministers, but the existence of that judgment gives rise to a need for remedial action to address the issue of incompatibility with th...

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