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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: 25 June 2008

Justice Committee, 25 Jun 2008

Such cases are a mixture of speculative claims and insurer v insurer claims.We all know that that is the general terrain.
Date published: 28 October 2019

Brexit events timeline: Scottish Parliament engagement and scrutiny

At the same time, a Political Declaration on the future relationship was also endorsed.27 November 2018The Scottish Government publishes Scotland's place in Europe: assessment of UK Government's proposed future relationship with the EU.29 November 2018The Culture, Tourism, Europe and External Affairs Committee takes evidence in a roundtable on Article 50 preparedness.4 December 2018The Environment, Climate Change and Land Reform Committee takes evidence on EU exit and the environment from Roseanna Cunningham MSP, Cabinet Secretary for Environment, Climate Change and Land Reform and Fergus Ewing MSP, Cabinet Secretary for the Rural Economy and Connectivity.5 December 2018The Scottish Parliament debates Scotland's response to the UK Government and the EU's Withdrawal Agreement and Political Declaration and votes in favour of a motion rejecting the proposed deal.10 December 2018In the case Wightman and Others v...
Date published: 26 July 2019

Anatomy of modern Free Trade Agreements

Some countries are, on account of their belonging to an FTA, more favoured than others. MFN tariff v. preferential trade inside an FTA Example 1: WTO law allows Canada to impose a custom duty of up to 8% on imported cigars.
Date published: 28 June 2018

Economic, social and cultural rights - some frequently asked questions

A good example is the Google Spain case,.iCase C-131/12 Google Spain v AEPD at para 97 where the Court of Justice interpreted the EU Data Processing Directive in the light of Articles 7 and 8 of the Charter (right to respect for private life and right to protection of personal data) to create a "right to be forgotten" from internet search engines.2Craig, ...
Date published: 6 March 2018

UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill

For example, AXA General Insurance v The Lord Advocate and others [2011] when insurance companies challenged the legality of the Damages (Asbestos - related Conditions) (Scotland) Act 2009.
Official Report Meeting date: 14 January 2015

Local Government and Regeneration Committee 14 January 2015

We had an objection to a lap-dancing club at the time of the transitional arrangements, brought by one of the licensing standards officers, and that led to the appeal in the now famous case of Brightcrew Ltd v City of Glasgow Licensing Board. One of the issues that we have now is that, because of the Brightcrew decision, it became clear that the licensing b...
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: 28 September 2011

Meeting of the Parliament 28 September 2011

Its “Starved of Care” report, which we discussed in the Parliament, described the treatment of Mrs V, an 80-year-old patient at Ninewells hospital, as degrading and unnecessary and said that it may have breached her human rights.

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