Monthly Archives: February 2010

Avoiding time limits in criminal appeals

The decision in Kelly v HMA [2010] HCJAC 20 is not of itself of much import, but there are interesting comments from the Court of Criminal Appeal on the process whereby individuals are applying ot the Scottish Criminal Cases Review … Continue reading

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Criminal law in the Supreme Court

The judgments in the first two Scottish criminal cases decided by the Supreme Court were delivered in February. Allison v HMA [2010] UKSC 6 was an appeal where the Crown had not (at the time of the trial) disclosed to … Continue reading

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Scottish Law Commission: 2009 Annual Report

The 2009 annual report of the Scottish Law Commission was published earlier this month. In the foreword to the last annual report SLC chairman, Lord Drummond Young, had raised concerns about the failure to implement SLC reports. He notes in his foreword … Continue reading

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Scottish Law Commission: Eighth Programme of Law Reform

The eighth programme of Law reform from the Scottish law Commission was published earlier this year. The Eighth Programme includes some  ongoing work from the seventh programme as well as identifying a number of new projects. The SLC began work on … Continue reading

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JUSTICE report on devolution and human rights

In early February JUSTICE, the all party law reform organisation, published a report on "Devolution and Human Rights". The report considers political aspirations (particularly from the COnservative party) to repeal the Human Rights Act 1998, replacing the incorporation of the European … Continue reading

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Scottish Government publishes consultation on independence referendum

The Scottish Government published a consultation paper on its proposed Referendum (Scotland) Bill on 25 February 2010.  Under the Bill, the Scottish people will be asked to vote on whether Scotland should become an independent nation or if the Scottish … Continue reading

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First Scottish decision in the Supreme Court

Grays Timber Products v HMRC [2010] UKSC 4 – a tax case – was the first Scottish decision in the Supreme Court with speeches issued in early February from a bench comprising Lord Hope, Lord Rodger, Lord Walker, Lord Brown, … Continue reading

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The finality of High Court appeals and the nobile officium

In late January there was a petition to the nobile officium by William Beck, Nat Fraser, Luke Mitchell, Colin Murphy, and Alexander Gallagher ( [2010] HCJAC 8) challenging the finality of the disposal of their cases. Beck, who had been … Continue reading

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J J (Hamish) Gow 1918-23 February 2009

Ross Macdonald of Dundee Law School has alerted Scots Law News to an announcement of the death a year ago of J J Gow, one of the leading figures of the post-war Scottish legal renaissance. As the announcement makes clear, … Continue reading

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Delineating catchment areas

In mid January Lord Uist decided Bowie v East Renfrewshire Council [2010] CSOH 6 on the delimitation of the catchment area boundaries for admission to St Ninian's High School in Giffnock. The petitioner's family lives in Parkholm Gardens, Parklands Meadow, Glasgow … Continue reading

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