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The characteristics of such a relationship are described in the new subsection (1A), to be inserted by amendment 152.The Executive has found it particularly helpful to study the recent House of Lords decision in the Fitzpatrick v Sterling Housing Association case of 1999.
The Executive has told us that regulations will soon be laid that permit the abolition of means-testing for legal aid in relation to part V of the Mental Health (Scotland) Act 1984.
I have a piece of paper in front of me which says that on 3 December 1998 the House of Lords handed down its judgment on R v the Secretary of State for Scotland.
There are obvious interactions between that and what the European convention on human rights states about self-incrimination, and so on.A very important case is Mowbray v Crowe 1993 JC 212. I do not want to bore you with too many of the details, but it is a useful case.
Paragraph 9 of your submission refers to the case of Burnett's Trustee v Grainger and another. You are critical of the process that arrived at the decision in that case.
I will also be interested to hear the minister's view on the matter. I am advised that the Alexander v the Royal Hotel case indicates that the powers already exist.There is another issue that interests me.
The purpose of amendment 1 is to preserve the effect of the decision in the case of O'Neill v Her Majesty's Advocate, which, for the cognoscenti and the interested, is reported in The Scots Law Times 1999, at page 958.
In doing so, the commission also took into account the 2004 decision of the courts in the case of Burnett's trustee v Grainger, which dealt with a similar problem in a sequestration.