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Scotland Case Law

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Civil procedure [2018] ScotCS CSIH_12

KENNEIL AGAINST THE SCOTTISH LEGAL COMPLAINTS COMMISSION

KENNEIL AGAINST THE SCOTTISH LEGAL COMPLAINTS COMMISSION [2018] ScotCS CSIH_12 (30 January 2018)

The Court of Session refused a motion to challenge an auditor’s taxation of expenses, holding that objections cannot reopen the underlying refusal of leave to appeal.

  • Taxation of expenses
  • Objections to auditor's report
  • Leave to appeal
  • Professional conduct
  • Taxation-of-expenses
  • Auditor-report-objections
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Criminal law [2012] ScotHC HCJAC_88

Telford v HM Advocate

Telford v HM Advocate [2012] ScotHC HCJAC_88 (26 April 2012)

The court refused leave to appeal to the Supreme Court, holding that it had not determined any devolution issue and that the application was late and unsupported.

  • Murder
  • Plea of guilty
  • Withdrawal of plea
  • Devolution issues
  • Notice of charge
  • Professional conduct
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Civil procedure [2011] ScotCS CSOH_187

Anderson v Shetland Islands Council & Anor

Anderson v Shetland Islands Council & Anor [2011] ScotCS CSOH_187 (15 November 2011)

The court refused to find a power-of-attorney holder personally liable for expenses, holding that dominus litis needs both control of the case and a real interest in it.

  • Dominus litis
  • Personal liability for expenses
  • Power of attorney
  • Legal aid
  • Professional conduct
  • Dominus-litis
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Administrative law [2011] ScotCS CSIH_62

Lutton v The General Dental Council

Lutton v The General Dental Council [2011] ScotCS CSIH_62 (29 September 2011)

The Court of Session refused the General Dental Council’s reclaiming motion, holding that delay was not acquiescence and the warning letter lacked adequate reasons.

  • Judicial review
  • Adequacy of reasons
  • Mora, taciturnity and acquiescence
  • Professional conduct
  • Fitness to practice
  • Judicial-review
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Contract law [1998] ScotCS 50

Carlin v Alston

Carlin v Alston [1998] ScotCS 50 (4 November 1998)

The Court of Session allowed proof before answer in a solicitor-client dispute over retention of client funds, holding the claim was relevant and could not be excluded.

  • Solicitor's right of retention
  • Implied contractual terms
  • Duties of solicitors
  • Authority of agents
  • Professional conduct
  • Proof before answer
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Criminal law [1995] ScotHC HCJAC_3

Anderson v HMA

Anderson v HMA [1995] ScotHC HCJAC_3 (01 December 1995)

The High Court of Justiciary held that a conviction is only undermined by counsel’s conduct if the accused was denied a fair trial and his defence was not presented.

  • Miscarriage of justice
  • Right to fair trial
  • Ineffective assistance of counsel
  • Professional conduct
  • Appeal grounds
  • Miscarriage-of-justice
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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.