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Official Report Meeting date: 7 December 2005

Justice 1 Committee, 07 Dec 2005

A member of faculty challenged the interim regulations in a judicial review, and that affected work that was done before the regulations were passed. McCall. The case was McCall v the Scottish ministers and it was successful.
Official Report Meeting date: 23 November 2005

Justice 1 Committee, 23 Nov 2005

I know that that legislation absolutely operates—although it is not perfect in every case, and the committee is sorting out the situation in respect of Wallis v Wallis and so on—but it does not apply to cohabiting couples.
Official Report Meeting date: 28 June 2005

Public Petitions Committee, 28 Jun 2005

However, in a case called Karl Construction v Palisade Properties, the inner house of the Court of Session determined that limited companies have human rights in that they have the right to a fair hearing at an impartial tribunal under article 6 of the Human Rights Act 1998.
Official Report Meeting date: 14 September 2004

Justice 2 Committee, 14 Sep 2004

The interpretation of the term "reasonably practicable" to which the Scottish Executive adheres was set out in Edwards v NCB, but there is a challenge to United Kingdom authority in relation to that interpretation, on the grounds that it is not proper and is contrary to European Community law—that is all that I will say about the matter.
Official Report Meeting date: 12 May 2004

Public Petitions Committee, 12 May 2004

If Parliament is not willing to give us that remedy by honouring convention-guaranteed rights in the legislation, our people will await an opportunity to go to court. In the case of Macdonald v Advocate General for Scotland, the Westminster MP for Edinburgh Pentlands decided personally to argue against the right not to suffer discrimination of lesbian and g...
Official Report Meeting date: 12 May 2004

Justice 1 Committee, 12 May 2004

That has already been adjudicated upon by the court in Strasbourg. In the case of Rees v UK in October 1986, the court adjudicated to the effect that a bar on marriage between two people of the same sex does not infringe article 12.
Official Report Meeting date: 11 February 2004

Education Committee, 11 Feb 2004

I recognise that the minister's amendment 63 applies a different test, the principle of which he has eloquently explained this morning, and I am very grateful to him for accepting the principle of my amendment, which he must have done before lodging amendment 63.For the record, I mention that there has been a significant House of Lords ruling on the subject. In 1988, the ruling in the Regina v East Sussex County Council ex parte Tandy case stated that duties to educate children with special educational needs were absolute and could not be avoided because of cost.
Official Report Meeting date: 3 February 2004

Communities Committee, 03 Feb 2004

The criteria that constitute a breach of the peace in Scots law were set out in the case of Smith v Donnelly in 2001—I say that in case members did not know it.
Official Report Meeting date: 23 September 2003

Justice 2 Committee, 23 Sep 2003

The provision is designed to address an unfortunate problem that arose in the Grimmond v HMA case, which is mentioned in the policy memorandum to the bill.
Official Report Meeting date: 13 November 2002

Transport and the Environment Committee, 13 Nov 2002

It is important to note that, when we say "such waters", we mean all waters that are a source of drinking water, whether the supply is public or private, which is important in relation to John Scott's point on amendment 39.Once the bodies of water have been identified, we would use the powers that would be given to us in section 8 to ensure that the condition of the waters is monitored to the standards that are required by article 7 and annexe V...

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