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.
(iv) it has the effect of harassing the public authority.
(v) it would otherwise, in the opinion of a reasonable person, be considered to be manifestly unreasonable or disproportionate.
It can, therefore, cover trees which extend into someone else's property, for example overhanging branches or roots which cross the boundary of a property.iHalkerston v Wedderburn - 1781 Mor 10495
As a result it is possible to challenge an encroachment through the civil courts and to request the court to order branches/roots to be removed.
She also noted that a recent appeal case (CA v HM Advocate) in the High Court provides evidence of the Crown’s approach, as it “confirms the approach that the Crown has always taken to the interpretation” of the 2018 Act”.ixIbid, c44
Ms Price also outlined some of the training on the 2018 Act that had been provided to the COPFS staff, including in advance o...
., Bartram, F., Guasp, A., & Jadva, V. (2017). The School Report. The experiences of lesbian, gay, bi and trans young people in Britain’s schools in 2017.
Please explain, with reference to the decision of the Supreme Court in R (on the application of UNISON) (Appellant) v Lord Chancellor [2017] UKSC 51, why it is considered that such an increase does not interfere unjustifiably with rights of access to justice.
2.
R (on the application of Steinfeld and Keidan) (Appellants) v Secretary of State for the International Development (in substitution for the Home Secretary and the Education Secretary) (Respondent).
Retrieved from <a href="https://www.brexitenvironment.co.uk/2019/04/03/aarhus-convention-eu-and-international-law/" target="_blank">https://www.brexitenvironment.co.uk/2019/04/03/aarhus-convention-eu-and-international-law/</a> [accessed 09 October 2019]
Leaving the EU is expected to remove the UK from the jurisdiction of the European Commission and the CJEU, and the loss of EU oversight structures could impact the enforceability of environmental rights. In Commission v...
Committee reports
Date published:
14 November 2019
The Scottish Elections (Franchise and Representation) Bill (the Bill) was introduced on 20 June 2019 and include a provision to enfranchise prisoners sentenced to 12 months or less.
In 2005, in the case of Hirst v United Kingdom (No 2), the European Court of Human Rights found that the UK’s blanket ban on prisoner voting was in breach of Article 3 of Proto...
However, it agreed that, when adopted by a business which was already dominant, this breached article 102 TFEU3Case t-65/98 (Van den Bergh Foods Ltd v Commission of the European Communities). (2003).