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Scotland Case Law

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Criminal law [2023] ScotHC HCJAC_30

HIS MAJESTY'S ADVOCATE AGAINST TIGH-NA-MUIRN LTD

HIS MAJESTY'S ADVOCATE AGAINST TIGH-NA-MUIRN LTD [2023] ScotHC HCJAC_30 (18 August 2023)

The Appeal Court held that a fine for a care home’s health and safety breach was unduly lenient and increased it after a resident died from ingesting cleaning liquid.

  • Corporate liability
  • Sentencing
  • Risk assessment
  • Covid-19 pandemic
  • Care home regulation
  • Health-and-safety
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Criminal law [2023] ScotHC HCJAC_17

APPEAL AGAINST SENTENCE BY ST DAVID'S CARE FORFAR LTD AGAINST HMA

APPEAL AGAINST SENTENCE BY ST DAVID'S CARE FORFAR LTD AGAINST HMA [2023] ScotHC HCJAC_17 (23 May 2023)

The Appeal Court upheld a £100,000 fine imposed on a care home company after a resident died following exposure to the cold.

  • Corporate liability
  • Sentencing
  • Health and safety at work
  • Duty of care
  • Risk assessment
  • Culpability
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Civil procedure [2020] ScotCS CSOH_66

MINUTE OF TRANSOCEAN DRILLING UK LTD AGAINST GREENPEACE LTD AND ANOTHER

MINUTE OF TRANSOCEAN DRILLING UK LTD AGAINST GREENPEACE LTD AND ANOTHER [2020] ScotCS CSOH_66 (03 July 2020)

The Court of Session held Greenpeace in contempt for breaching an interdict through protest actions and found the conduct deliberate, with sanction to follow.

  • Contempt of court
  • Interdicts/injunctions
  • Direct action protest
  • Freedom of expression
  • Freedom of assembly
  • Corporate liability
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Criminal law [2016] ScotHC HCJAC_99

Scottish Power Generation Ltd v HM Advocate

Scottish Power Generation Ltd v HM Advocate [2016] ScotHC HCJAC_99 (03 November 2016)

Appeal court reduced a health and safety fine, holding the English Sentencing Council guideline could be used as a cross-check, not mechanically applied.

  • Sentencing
  • Corporate liability
  • Health and safety offences
  • Fines
  • Sentencing guidelines
  • Health-and-safety-offences
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Criminal law [2014] ScotHC HCJAC_61

SCOTBEEF Ltd AGAINST PROCURATOR FISCAL, STIRLING

SCOTBEEF Ltd AGAINST PROCURATOR FISCAL, STIRLING [2014] ScotHC HCJAC_61 (12 June 2014)

The Appeal Court reduced fines imposed on Scotbeef Limited for environmental offences, holding that the sheriff had taken account of an irrelevant factual matter in sentencing.

  • Pollution offences
  • Sentencing
  • Environmental regulation
  • Corporate liability
  • Environmental-law
  • Pollution-offences
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Criminal law [2012] ScotHC HCJAC_102

Dundee Cold Stores & Ors v HM Advocate

Dundee Cold Stores & Ors v HM Advocate [2012] ScotHC HCJAC_102 (24 July 2012)

The Appeal Court quashed fines imposed for health and safety breaches after finding the sheriff misdirected herself on aggravation, mitigation, and sentencing comparators.

  • Sentencing
  • Workplace safety
  • Corporate liability
  • Risk assessment
  • Mitigating and aggravating factors
  • Health-and-safety
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Criminal law [2012] ScotHC HCJAC_11

Scottish Sea Farms Ltd & Anor v HM Advocate

Scottish Sea Farms Ltd & Anor v HM Advocate [2012] ScotHC HCJAC_11 (26 January 2012)

The Appeal Court reduced fines imposed on two companies after health and safety convictions arising from a fatal confined-space incident on a barge.

  • Corporate liability
  • Sentencing
  • Health and safety at work
  • Mitigating and aggravating factors
  • Confined spaces
  • Workplace fatalities
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Environmental law [2010] ScotHC HCJAC_80

HM Advocate v Doonin Plant Ltd

HM Advocate v Doonin Plant Ltd [2010] ScotHC HCJAC_80 (03 August 2010)

The High Court of Justiciary held that an £8,000 fine for unlawful waste disposal was unduly lenient and substituted a £90,000 fine.

  • Illegal waste disposal
  • Sentencing
  • Corporate liability
  • Pollution control
  • Environmental-law
  • Corporate-liability
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Criminal law [2009] ScotHC HCJAC_11

LH Access Technology Ltd & Anor v. Her Majesty's Advocate

LH Access Technology Ltd & Anor v. Her Majesty's Advocate [2009] ScotHC HCJAC_11 (29 January 2009)

The Appeal Court of the High Court of Justiciary upheld £240,000 fines on two companies after a worker died during an unsafe mobile platform manoeuvre.

  • Corporate liability
  • Workplace fatality
  • Sentencing
  • Risk assessment
  • Duty of care
  • Health-and-safety
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Criminal law [2009] ScotHC HCJAC_10

Her Majesty's Advocate v. Munro And Sons (Highland) Ltd

Her Majesty's Advocate v. Munro And Sons (Highland) Ltd [2009] ScotHC HCJAC_10 (28 January 2009)

The Appeal Court of the High Court of Justiciary increased a company fine for a fatal health and safety breach from £3,750 to £30,000.

  • Sentencing
  • Corporate liability
  • Health and safety at work
  • Fatal accident
  • Statutory duty
  • Public safety
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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.