This search includes all content on the Scottish Parliament website, except for Votes and Motions. All Official Reports (what has been said in Parliament) and Questions and Answers are available from 1999. You can refine your search by adding and removing filters.
As you are aware the draft Orders are a response to the recent case P v Scottish Ministers. We believe that the approach set out in the draft Orders balances safeguarding and the rights of the individual.
However, by that point the law on penalty clauses had changed due to UK Supreme Court judgments in November 2015 in the cases of Cavendish Square Holdings BV v Makdessi and ParkingEye Ltd v Beavis.i[2015] UKSC 67
The SLC Report summarises the core concept behind these judgments as follows:
19.9 ...
Legal and Criminological Psychology, 20(2). doi: https://doi.org/10.1111/lcrp.12025 4Adamson, V., & Braham, L. (2011). Pathways to episodes of deliberate self‐harm experienced by mentally ill men in a high‐secure hospital over the course of their lives: an exploratory study.
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Waste Management Summary
The success of the Scottish Landfill Tax has led to an increasing move to Energy from Waste (EfW) treatment for residual (non recyclable) waste.
The definition has since been reinterpreted in a more narrow way in the case of Smith v Donnelly in 2001iSmith v Donnelly [2001] ScotHC 121 so that it covers public conduct which is: (i) severe enough to cause alarm to ordinary people; and which (ii) threatens serious disturbance to the community.
Police Scotland draw on case law to justify their position – specifically they rely on two cases: J.L. and E.I. v HMA and HMA v Rollo.3Police Scotland. (2018, October 15).
It was brought in on the back of various cases—including Jameel v Wall Street Journal Europe Sprl and Thornton v Telegraph Media Group Ltd—and arose from a sense that unmeritorious or frivolous claims were being brought forward; hence the need for a higher threshold.
The decision in this case is still pending. David Grier v the Lord Advocate: On 12 April 2023 the Court of Session refused Mr Grier’s application for leave to appeal to the UK Supreme Court.