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Official Report Meeting date: 25 March 2015

Rural Affairs, Climate Change and Environment Committee 25 March 2015

Clearly, we do not want to go into any new legislation that would create a period of conflict and court action that was a repeat of the Salvesen v Riddell case. We should see whether there is a better way of going forward.
Official Report Meeting date: 19 November 2014

Local Government and Regeneration Committee 19 November 2014

The ruling in the recent case of Brightcrew Ltd v City of Glasgow Licensing Board stipulated that a licensing board cannot regulate anything that does not relate to the sale of alcohol.
Official Report Meeting date: 23 April 2014

Finance Committee 23 April 2014

It is the weakness of the subsequent recovery that has been striking—the absence of a V-shaped pattern of recovery on the lost ground, which the convener talked about earlier.
Official Report Meeting date: 25 March 2014

Justice Committee 25 March 2014

Mr Moxham is correct to say that Scotland has led the UK in the field of health and safety for more than 100 years, with the abolition of common employment, a safe system of work, the dust and disease cases in the 1960s and 1970s, the health and safety cases now, and, of course, Donoghue v Stevenson. That was the case involving ginger beer.
Official Report Meeting date: 11 June 2013

Health and Sport Committee 11 June 2013

The European Court of Human Rights in Strasbourg ruled specifically on the issue in Kovachev v Bulgaria in 1998. I can give the committee more information on that ruling, but for now I will point out only that that is the precedent that has been set.The parallels between the case law and welfare reform in the United Kingdom could not be more evident.
Official Report Meeting date: 2 May 2012

Economy, Energy and Tourism Committee 02 May 2012

That was not Lord Prosser’s view in the case of Her Majesty’s Advocate v Harris (1993 SCCR 559), in which he judged recklessness to be a familiar concept that was readily conveyed to and understood by juries.
Official Report Meeting date: 1 December 2011

Meeting of the Parliament 01 December 2011

I know that he consulted extensively, travelling throughout Scotland and beyond in order to research the issues and test opinion.It is 13 months since I introduced emergency legislation to this Parliament, on the day of the United Kingdom Supreme Court’s decision in Cadder v Her Majesty’s Advocate. That decision, which overruled the decision of Scotland’s h...
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: 2 December 2008

Justice Committee, 02 Dec 2008

Indeed, that clear expectation led to the introduction of the bill.I have not read the case report, but I understand that there has been a Scottish case, Wright v Stoddard International, in which the Scottish courts appear to have accepted the reasoning in Johnston.

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