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Scotland decisions
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The Upper Tribunal for Scotland refused an out-of-time appeal by Mr Matthew McGill against Glasgow City Council over a £100 bus-lane penalty.
APPEAL BY PETROFAC FACILITIES MANAGEMENT LTD AGAINST DEREK CHRISTOPHER EVANS, HM INSPECTOR OF HEALTH & SAFETY [2021] ScotCS CSIH_33 (24 June 2021)
The Inner House held that the general time-extension power in rule 5 could apply to a late appeal against a prohibition notice under the Employment Tribunal Rules.
ADEYIMI ODUTOLA ODUBAJO (AP) FOR JUDICIAL REVIEW [2020] ScotCS CSOH_2 (07 January 2020)
The Court of Session held that the three-month judicial review time limit starts from the decision date, but extended time because notification was delayed.
SOLOMON, APPLICATION FOR AN EXTENSION OF TIME BY KENNETH SOLOMON AGAINST HER MAJESTY'S ADVOCATE [2019] ScotHC HCJAC_28 (02 May 2019)
The court refused Kenneth Solomon’s application for an extension of time to appeal, finding insufficient justification for the delay and no basis to grant relief.
NP, Re Leave to Appeal a Decision of The Upper Tribunal (Tax and Chancery Chamber) [2017] ScotCS CSIH_3 (24 January 2017)
The Court of Session refused NP’s leave to appeal against an Upper Tribunal tax decision, finding no important point of principle and inadequate grounds of appeal.
Bennett McGuire v HM Advocate [2016] ScotHC HCJAC_113 (23 November 2016)
The Appeal Court upheld a prosecution time extension, holding there was sufficient reason due to extensive forensic work and that the judge properly exercised discretion.
Attwell v HM Advocate [2016] ScotHC HCJAC_37 (27 April 2016)
The Appeal Court refused Robin Attwell’s appeal against a sheriff’s grant of an extension of time under section 65 of the Criminal Procedure (Scotland) Act 1995.
Glass v HM Advocate [2015] ScotHC HCJAC_116 (24 November 2015)
An application to extend time to lodge a note of appeal against conviction was refused because the delay was extreme, the explanation was inadequate, and the proposed ground lacked detail.
APPLICATION FOR EXTENSION OF TIUME IN WHICH TO LDOGE A BILL OF SUSPENSION BY ALAN REID v. PROCURATOR FISCAL, KILMARNOCK [2014] ScotHC HCJAC_16 (31 January 2014)
The court refused an extension of time to lodge a Bill of Suspension, finding no adequate excuse for delay and no arguable case of judicial bias from parallel civil and criminal proceedings.
Forrest v Fleming Builders Ltd & Anor [2013] ScotCS CSOH_105 (28 June 2013)
The Court of Session recalled a caution order after the pursuer obtained legal aid, holding that this was a material change of circumstances.
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