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Official Report
Meeting date:
25 January 2012
Rural Affairs, Climate Change and Environment Committee 25 January 2012
Richard Blake”—of Scottish Land & Estates—“mentioned the Fleming v Ladykirk Estates case, which demonstrated that a tenancy could be assigned to a nephew.
Official Report
Meeting date:
3 December 2013
Justice Committee 03 December 2013
There is an absolute requirement on the police to undertake investigations, with diligence and rigour, to an evidential standard that is established through case law, which would not change as a result of any of the bill’s proposals.I will go through what some of those requirements are in the case law. In Smith v Her Majesty’s Advocate in 1952, it was opined that it is the duty of the police to put before the procurator fiscal everything that may be “relevant and material” to the issue; in McLeod v HMA in 1998, it was opined that“all material evidence for or against the accused”must be disclosed; and, more recently, under McDonald, Dixon and Blair v HMA in 2008, all material evidence that either materially weakens the Crown case or materially strengthens the defence case must be disclosed, so the evidence must be disclosed whether it shows that the suspected party is innocent or guilty.
Official Report
Meeting date:
25 September 2012
Meeting of the Parliament 25 September 2012
The debate is an opportunity for members to contribute to that process.Members will recall the decision of the United Kingdom Supreme Court in HMA v Cadder and the emergency legislation that had to follow.
Official Report
Meeting date:
30 June 2010
Meeting of the Parliament 30 June 2010
I understand that amendment 188 seeks to deal with one of the most serious consequences of the Harris v Her Majesty’s Advocate judgment, but I do not think that it is necessary if the Government’s amendment 63 is agreed to.
Official Report
Meeting date:
7 September 2010
Rural Affairs and Environment Committee 07 September 2010
To jump in now with vicarious liability, licensing or even further penalties will only polarise the issue; it will not help to bring everyone together and bring a solution to the table.I do not suggest for a moment that more cannot be done.
Official Report
Meeting date:
22 April 2009
Local Government and Communities Committee, 22 Apr 2009
Every time there are judgments such as those in Redcar and Cleveland Council v Bainbridge, or Allen v GMB, the process is set back.
Official Report
Meeting date:
1 September 2009
Education, Lifelong Learning and Culture Committee, 01 Sep 2009
After the Scottish Executive lost the S v Miller case in 2001, the fix was to use sections 42 and 103 of the 1995 act, which is what we are using now.
Official Report
Meeting date:
7 December 2010
Justice Committee 07 December 2010
It is a Saturday night in Glasgow following a Rangers v Celtic football match. Police resources are stretched.
Official Report
Meeting date:
6 October 2010
Local Government and Communities Committee 06 October 2010
As a result, the Scottish Government carried out a consultation last autumn but, as there was no clear consensus on the way forward, we reconvened the repossessions group in March to look at the issue in more detail.Amendment 101 seeks to take forward the repossessions group’s recommendation for strengthening protection for unauthorised tenants in repossession cases and will bring the protection offered through the Tamroui v...
Official Report
Meeting date:
17 November 2020
Justice Committee 17 November 2020
For example, the case of William Walls v procurator fiscal, Kilmarnock, reflected the issues of the singing of the lyrics “the famine is over, why don’t you go home”, as well as calling someone “a fenian” b-word.
