“An expert panel has upheld the right of the UK supreme court to overrule Scottish judges despite heated and vigorous attacks on its powers by Alex Salmond and his justice minister Kenny MacAskill.”
The Guardian, 14th September 2011
Source: www.guardian.co.uk
“The UK supreme court announced this week that it was looking to recruit a couple of new judges (at salaries of £206,857). There is one immediate vacancy following the death of Lord Rodger last month, and there will be a further vacancy next April when Lord Brown retires. Who will get the jobs?”
The Guardian, 27th July 2011
Soruce: www.guardian.co.uk
“The UK government has unveiled plans to give the Scottish Parliament more financial powers. Holyrood will be able to borrow more money, issue bonds to access cash from capital markets and protect itself from sudden changes in spending levels. The powers will be brought forward in an enhanced Scotland Bill, which is already going through Westminster.”
BBC News, 13th June 2011
Source: www.bbc.co.uk
“A group of experts has been established to look at the impact of the UK Supreme Court on Scotland’s legal system.”
BBC News, 5th June 2011
Source: www.bbc.co.uk
“Extending English injunctions to Scotland would be a ‘small step’ that could result in Scottish publishers facing contempt of court charges, according to one legal expert.”
OUT-LAW.com, 23rd May 2011
Source: www.out-law.com
“Scottish newspapers have a history of serving scoops on stories which have been the subject of gagging orders passed by English courts. This has been possible because of Scotland’s distinct legal system.”
The Guardian, 23rd May 2011
Source: www.guardian.co.uk
Enviroco Ltd v Farstad Supply A/S [2011] UKSC 16; [2011] WLR (D) 126
“When a Scottish holding company’s entire shareholding in one of its subsidiary companies had been pledged to a Scottish creditor as security and, pursuant to Scots law, the creditor had become the registered shareholder, the subsidiary company was, for the purposes of section 736 of the Companies Act 1985, no longer a subsidiary of the holding company.”
WLR Daily, 6th April 2011
Source: www.iclr.co.uk
Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“The Scottish government is to outline its ‘serious concerns’ about plans which it says could threaten the historic independence of Scots law.”
BBC News, 1st March 2011
Source: www.bbc.co.uk
Principal Reporter v K and others [2010] UKSC 56; [2010] WLR (D) 332
“Positive procedural obligations inherent in the right to respect for family life required sufficient safeguards to be put in place so that a parent or other person whose family life with the child was at risk in the proceedings was given a proper opportunity to participate in the decision-making process.”
WLR Daily, 16th December 2010
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“An accused’s rights would, in principle, be irretrievably prejudiced if incriminating statements made during police interrogation without access to a lawyer were admitted in evidence at trial. Accordingly, s 14 of the Criminal Procedure (Scotland) Act 1995 should be read and given effect so as to preclude the admission of such evidence, unless in the particular circumstances of the case there had been compelling reasons for restricting access to a lawyer.”
WLR Daily, 26th October 2010
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Farstad Supply AS v Enviroco Ltd [2010] UKSC 18; [2010] WLR (D) 113
“A requirement in a charterparty for the owner to indemnify the charterer against claims resulting from loss or damage in relation to the vessel was not limited to a requirement for the owner to reimburse claims against the charterer by third parties but precluded the owner from recovering damages from the charterer in respect of the charterer’s own negligence. It followed that where it was alleged that the charterer and a third party had jointly caused damage to the vessel whilst it was berthed in Scotland and, because of the indemnity agreement, the owner sued only the third party in the Scots courts, the third party would not be able to claim a contribution under s 3(2) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940 from the charterer as a ‘person who, if sued, might also have been held liable’.”
WLR Daily, 6th May 2010
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Supreme Court
“In criminal proceedings in Scotland, the Crown was under the same obligation to disclose to the defence any outstanding charges against a prosecution witness as it was to disclose a witness’s previous convictions.”
The Times, 17th February 2010
Source: www.timesonline.co.uk
Burns v HM Advocate [2008] UKPC 63; [2008] WLR (D) 392
“Where a defendant, who was resident in Scotland, was interviewed in England by police officers who told him that there was sufficient evidence on which to charge him with offences relating to child pornography and that they would recommend such a course, the reasonable time requirement to which he was entitled under art 6(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms, as scheduled to the Human Rights Act 1998, was to be calculated from the date of that interview and not from the later date on which the Lord Advocate, as the competent authority in Scotland, required the defendant to answer charges on which he was indicted to stand trial in Scotland.”
WLR Daily, 17th December 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Privy Council
“The refusal by the High Court of Justiciary in Scotland to receive a devolution minute was the determination of an issue sufficient to give jurisdiction to the Judicial Committee of the Privy Council to hear an appeal.”
The Times, 5th November 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
“A judge’s membership of a Jewish association whose magazine had expressed extreme views against Palestinian causes did not in itself imply that the judge shared or endorsed such views so as to require her determination of an immigration appeal by a Palestinian activist to be set aside.”
WLR Daily, 23rd October 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Common Services Agency v Scottish Information Commissioner
House of Lords
“Information concerning the incidence of childhood leukaemia in a particular postal area should not be disclosed unless either it could be anonymised so that it was not personal data or could be released in a form which did not contravene one of the data protection principles under the Data Protection Act 1998.”
The Times, 14th July 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Common Services Agency v Scottish Information Commissioner [2008] UKHL 47; [2008] WLR (D) 231
“Information which in its basic form would constitute ‘personal data’ for the purposes of s 1(1) of the Data Protection Act 1998 could be released under the Freedom of Information (Scotland) Act 2002 provided it had been modified in such a way that it was rendered anonymous, so that no individual from whom it was derived was identifiable, as it would then no longer be ‘personal data’ within the meaning of s 1(1).”
WLR Daily, 10th July 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Court of Appeal
“A restraint order made in an English court after a request from a foreign prosecutor for such an order on property did not apply to property in Scotland.”
The Times, 23rd May 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21days from the date of publication.
“To Scotland, it is as important as Parmesan is to Italy and champagne is to France. Now the national dress, the kilt, could soon get the same type of brand protection as its European counterparts.”
The Independent, 29th February 2008
Source: www.independent.co.uk
“The Scottish Government is to scrap laws which allow children under 16 to be held in jail without having been convicted of an offence.”
BBC News, 21st February 2008
Source: www.bbc.co.uk
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