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Civil procedure [2022] ScotCS CSOH_95

HUGH HALL CAMPBELL KC AGAINST JAMES FINLAY (KENYA) LTD

HUGH HALL CAMPBELL KC AGAINST JAMES FINLAY (KENYA) LTD [2022] ScotCS CSOH_95 (30 September 2022)

The Court of Session managed related group proceedings and petitions arising from Kenyan anti-suit litigation, sisting the case briefly, refusing anonymised receipt of a revised group register, and extending time to join the group.

  • Group proceedings
  • Interim interdict
  • Jurisdiction
  • Forum non conveniens
  • Anti-suit injunctions
  • Extension of time limits
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Criminal law [2022] ScotHC HCJAC_1

NOTE OF APPEAL UNDER SECTION 65(8) OF THE CRIMINAL PROCEDURE (SCOTLAND) ACT 1995 BY HER MAJESTY'S ADVOCATE AGAINST NEIL THOMAS GEORGE GRAHAM

NOTE OF APPEAL UNDER SECTION 65(8) OF THE CRIMINAL PROCEDURE (SCOTLAND) ACT 1995 BY HER MAJESTY'S ADVOCATE AGAINST NEIL THOMAS GEORGE GRAHAM [2022] ScotHC HCJAC_1 (17 September 2021)

The Appeal Court allowed the Crown's appeal and granted a short extension of the 12-month time limit after an essential complainer failed to attend trial.

  • Extension of time limits
  • Right to trial within a reasonable time
  • Witness attendance
  • Sexual offences
  • Covid-19 court delays
  • Criminal-procedure
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Criminal law [2017] ScotHC HCJAC_46

Whitehouse & Anor v HM Advocate

Whitehouse & Anor v HM Advocate [2017] ScotHC HCJAC_46 (22 June 2017)

The Appeal Court refused appeals against a three-month extension of time limits for a complex Rangers-related prosecution under section 65 of the 1995 Act.

  • Extension of time limits
  • Preliminary hearing
  • Indictment
  • Public interest
  • Complexity of proceedings
  • Criminal-procedure
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Criminal law [2015] ScotHC HCJAC_124

Potts v HM Advocate

Potts v HM Advocate [2015] ScotHC HCJAC_124 (10 December 2015)

The Appeal Court refused a Crown extension of the 12-month time limit, holding that the delay arose from an avoidable breakdown in procurator fiscal administration.

  • Extension of time limits
  • Prosecutorial error
  • Adjournment of trial
  • Disclosure obligations
  • Criminal-procedure
  • Time-limits
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Criminal law [2013] ScotHC HCJAC_167

KENNETH COLLINS v. HER MAJESTY'S ADVOCATE

KENNETH COLLINS v. HER MAJESTY'S ADVOCATE [2013] ScotHC HCJAC_167 (20 May 2014)

The Appeal Court refused retrospective extensions of time under section 65 of the Criminal Procedure (Scotland) Act 1995, stressing Crown diligence and statutory finality.

  • Extension of time limits
  • Time-bar
  • Prosecution diligence
  • Public interest
  • Finality of proceedings
  • Criminal-procedure
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Criminal law [2014] ScotHC HCJAC_167

KENNETH COLLINS v. HER MAJESTY'S ADVOCATE

KENNETH COLLINS v. HER MAJESTY'S ADVOCATE [2014] ScotHC HCJAC_167 (19 December 2013)

The Appeal Court held that the Crown had not shown sufficient cause for retrospective extensions of time under section 65 of the 1995 Act and refused the applications.

  • Extension of time limits
  • Time-bar
  • Prosecution delay
  • Section 65 criminal procedure (scotland) act 1995
  • Criminal-procedure
  • Prosecution-delay
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Administrative law [2010] ScotSC 145

TESCO STORES LIMITED v. FALKIRK COUNCIL LICENSING BOARD

TESCO STORES LIMITED v. FALKIRK COUNCIL LICENSING BOARD [2010] ScotSC 145 (24 August 2010)

The sheriff principal refused to extend time for a licensing appeal draft case, but held the appeal stayed live and directed the draft case to be treated as issued.

  • Appeals procedure
  • Extension of time limits
  • Licensing board duties
  • Statutory interpretation
  • Licensing-law
  • Appeals-procedure
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Criminal law [2010] HCJ 3

HM Advocate v Lauchlan & Anor

HM Advocate v Lauchlan & Anor [2010] ScotHC HCJ_3 (02 July 2010)

The High Court of Justiciary refused dismissal of Article 6 delay pleas but ordered separation of charges (1) to (3) from the rest of the indictment.

  • Article 6 echr - right to fair trial within reasonable time
  • Separation of charges
  • Devolution issues
  • Extension of time limits
  • Competency of charges
  • Article-6-echr
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Criminal law [2010] ScotHC HCJ_1

HM Advocate v Lauchlan & Anor

HM Advocate v Lauchlan & Anor [2010] ScotHC HCJ_1 (14 January 2010)

The High Court held that a Crown application for retrospective extension of statutory time limits was competent, even though the indictment included time-barred charges.

  • Time limits for prosecution
  • Extension of time limits
  • Competency of indictment
  • Retrospective extension
  • High court jurisdiction
  • Criminal-procedure
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Criminal law [2008] ScotHC HCJAC_43

Robertson & Ors v. Her Majesty's Advocate

Robertson & Ors v. Her Majesty's Advocate [2008] ScotHC HCJAC_43 (25 July 2008)

The Appeal Court held that prosecutorial errors in a re-indictment were not excusable and recalled the sheriff’s extension of the time limit.

  • Extension of time limits
  • Indictment errors
  • Prosecutorial error
  • Section 65 criminal procedure (scotland) act 1995
  • Criminal-procedure
  • Indictments
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About this LexChat collection

Scotland decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.