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As members know, the 2014 act was, in the case of the Christian Institute and Others v the Lord Advocate, challenged as being outside the Scottish Parliament’s legislative competence.
Paisley is also the setting for the famous court case of Donoghue v Stevenson, which sets out the basic criteria under Scots law for determining whether a duty of care exists.
It does not meet the European requirements under the I v Finland case. Therefore, we have a situation in which, by using people’s unique identifier, others can maliciously access NHS data.
Following the decision in the case of Cadder v Her Majesty’s Advocate in 2010, the Scottish Government introduced by way of emergency legislation the Criminal Procedure (Legal Assistance, Detention and Appeals) (Scotland) Act 2010.
The inherent power of the court to deal with vexatious proceedings was recognised by Lord Reed in the case of the Lord Advocate v Andrew McNamara, on which he observed that “an action might be dismissed as incompetent if it was not brought for a legitimate purpose.”