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Partnership law [2024] CSOH 97

Petition by Rodney Vincent McAlister (Court of Session)

Petition by Rodney Vincent McAlister (Court of Session) [2024] CSOH 97 (31 October 2024)

The Court of Session recalled an interim judicial factor over a trading partnership, holding that the petitioner failed to make full and frank disclosure and that necessity was not shown.

  • Judicial factor appointment
  • Dissolution of partnership
  • Full and frank disclosure
  • Urgent remedies
  • Interim orders
  • Judicial-factor
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Family law [2024] SACCIV 42

Marianne McBride v Graeme McInnes (Sheriff Appeal Court Civil)

Marianne McBride v Graeme McInnes (Sheriff Appeal Court Civil) [2024] SACCIV 42 (03 October 2024)

The Sheriff Appeal Court held that interim occupancy rights are not competent under section 18 of the 1981 Act and that the respondent’s occupancy-right crave was incompetent.

  • Cohabitation
  • Occupancy rights
  • Interim orders
  • Matrimonial homes (family protection) (scotland) act 1981
  • Competency of orders
  • Family-law
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Medical law [2022] ScotCS CSIH_44

RECLAIMING MOTION BY K AGAINST GENERAL MEDICAL COUNCIL

RECLAIMING MOTION BY K AGAINST GENERAL MEDICAL COUNCIL [2022] ScotCS CSIH_44 (27 September 2022)

The Inner House held that conditions on a doctor’s registration should not be extended after his acquittal, because the public-interest threshold and proportionality test were not met.

  • Interim orders
  • Fitness to practise
  • Proportionality
  • Public interest
  • Extension of conditions
  • Medical practitioners regulation
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Criminal law [2016] ScotSC 9

SIR STEPHEN HOUSE, QPM CHIEF CONSTABLE AGAINST RMcK

SIR STEPHEN HOUSE, QPM CHIEF CONSTABLE AGAINST RMcK [2016] ScotSC 9 (05 February 2016)

Appeal allowed against refusal of an interim risk of sexual harm order; the court held the sheriff focused too narrowly on coaching context and granted the order.

  • Risk of sexual harm orders
  • Interim orders
  • Protection of children
  • Appeal procedure
  • Risk-of-sexual-harm-order
  • Interim-orders
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Property law [2014] ScotCS CSIH_58

OPINION OF THE COURT DELIVERED BY LADY DORRIAN IN THE CAUSE DEM-MASTER DEMOLITION Ltd AGAINST ALBA PLASTICS Ltd

OPINION OF THE COURT DELIVERED BY LADY DORRIAN IN THE CAUSE DEM-MASTER DEMOLITION Ltd AGAINST ALBA PLASTICS Ltd [2014] ScotCS CSIH_58 (11 July 2014)

The Inner House held that tenants had no established right to use loading bays, limiting interim access relief to the fork lift truck route under the lease.

  • Commercial leases
  • Rights of access
  • Interim orders
  • Balance of convenience
  • Landlord's hypothec
  • Commercial-lease
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Criminal law [2014] ScotSC 27

STEPHEN HOUSE, QPM, CHIEF CONSTABLE OF THE POLICE SERVICE OF SCOTLAND AGAINST DD

STEPHEN HOUSE, QPM, CHIEF CONSTABLE OF THE POLICE SERVICE OF SCOTLAND AGAINST DD [2014] ScotSC 27 (06 June 2014)

The sheriff dismissed a renewal application and refused an interim SOPO, holding that existing bail and probation conditions already provided sufficient protection.

  • Sexual offences prevention orders
  • Interim orders
  • Renewal of orders
  • Competency of applications
  • Bail conditions
  • Probation orders
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Landlord and tenant [2014] ScotCS CSOH_84

Dem-Master Demolition Ltd v Alba Plastics Ltd

Dem-Master Demolition Ltd v Alba Plastics Ltd [2014] ScotCS CSOH_84 (13 May 2014)

The Court of Session granted an interim order in a lease dispute, finding a prima facie case that the tenant had access rights under the lease and that convenience favored relief.

  • Lease interpretation
  • Access rights
  • Interim orders
  • Counterclaim procedure
  • Lease-interpretation
  • Access-rights
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Criminal law [2014] ScotCS CSIH_8

IN APPEAL BY THE CHIEF CONSTABLE OF THE POLICE SERVICE OF SCOTLAND v. DJR AND DDS

IN APPEAL BY THE CHIEF CONSTABLE OF THE POLICE SERVICE OF SCOTLAND v. DJR AND DDS [2014] ScotCS CSIH_8 (17 January 2014)

The Inner House held that renewal of an interim Sexual Offences Prevention Order can be sought within the existing summary application process in the same sheriffdom.

  • Sexual offences prevention orders
  • Interim orders
  • Summary application procedure
  • Sexual-offences-prevention-orders
  • Interim-orders
  • Summary-application-procedure
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Criminal law [2013] ScotSC 78

STEPHEN HOUSE QPM, CHIEF CONSTABLE OF THE POLICE SERVICE OF SCOTLAND v. D.J.R. + D.D.S.

STEPHEN HOUSE QPM, CHIEF CONSTABLE OF THE POLICE SERVICE OF SCOTLAND v. D.J.R. + D.D.S. [2013] ScotSC 78 (08 October 2013)

The Sheriff Principal refused appeals seeking separate renewal applications for interim SOPOs, holding that continuations could competently be made within the main process.

  • Sexual offences prevention orders
  • Interim orders
  • Summary application procedure
  • Statutory interpretation
  • Sexual-offences-prevention-orders
  • Interim-orders
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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.