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Scotland Case Law

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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 ÂŁ100,000 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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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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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 ÂŁ3,750 to ÂŁ30,000.

  • Sentencing
  • Corporate liability
  • Health and safety at work
  • Fatal accident
  • Statutory duty
  • Public safety
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Employment law [2008] ScotCS CSOH_113

Cunningham v. Glasgow City Council

Cunningham v. Glasgow City Council [2008] ScotCS CSOH_113 (08 August 2008)

The Outer House held that a workplace harassment and psychiatric injury claim should leave Chapter 43 procedure and proceed as an ordinary action.

  • Harassment at work
  • Personal injuries procedure
  • Vicarious liability
  • Health and safety at work
  • Workplace-harassment
  • Chapter-43-procedure
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Criminal law [2005] ScotHC HCJAC_1

Transco Plc v. Her Majesty's Advocate

Transco Plc v. Her Majesty's Advocate [2005] ScotHC HCJAC_1 (14 January 2005)

The Appeal Court held that Lord Carloway was not disqualified after reading part of an undisclosed HSE report, and refused LiveNote as the official trial record.

  • Judicial bias
  • Disclosure of evidence
  • Recording of trial proceedings
  • Right to fair trial
  • Health and safety at work
  • Apparent-bias
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Criminal law [2004] ScotHC 68

Transco Plc v. Her Majesty's Advocates (2)

Transco Plc v. Her Majesty's Advocates (2) [2004] ScotHC 68 (16 September 2004)

The court refused Transco’s appeal, holding that a complex, lengthy jury trial was not shown to be inevitably unfair under Article 6 ECHR.

  • Right to fair trial
  • Article 6 echr
  • Jury trial
  • Health and safety at work
  • Burden of proof
  • Procedural safeguards
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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.