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SPICe briefings Date published: 14 May 2025

The right to know: freedom of information in Scotland - Vexatious or repeated requests

(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.
SPICe briefings Date published: 5 October 2023

Trees, forests and hedges - some frequently asked questions - Encroachment - tree roots and branches

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.
Committee reports Date published: 4 May 2023

Post-legislative scrutiny of the Domestic Abuse (Scotland) Act 2018 - Prosecuting and sentencing issues

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...
Committees Published: 21 October 2021

Petitioner submission of 21 October 2021

I also note that this seems to be in defiance of Wenner v Germany in the Court of Human Rights. 
SPICe briefings Date published: 15 October 2021

COVID-19 and Lesbian, Gay, Bisexual, Trans (LGBT+) Life in Scotland - Being online-offline

., 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.
Committee reports Date published: 23 June 2021

Subordinate Legislation Considered by the Delegated Powers and Law Reform Committee on 22 June 2021 - Annex B

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.
SPICe briefings Date published: 13 February 2020

Civil Partnership (Scotland) Bill - Supreme Court Judgment

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).
SPICe briefings Date published: 22 November 2019

Human Rights and the Environment - Impact of EU Exit on Procedural Environmental Rights

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 Representation of the People Act 1983 Remedial (Scotland) Order 2019 - Franchise for the Shetland by-election

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...
SPICe briefings Date published: 22 October 2019

Competition policy - the UK framework and the impact of Brexit (republished) - EU powers in relation to competition

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).

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