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Scotland decisions
Decisions matching the current search
APPEAL AGAINST CONVICTION BY NATALIE McGARRY [2022] ScotHC HCJAC_18 (16 May 2022)
The Appeal Court of the High Court of Justiciary allowed Natalie McGarry’s appeal, holding that her guilty pleas were tendered in clearly prejudicial circumstances.
APPEAL BY SM AGAINST CM [2017] ScotCS CSIH_1 (05 January 2017)
The Inner House quashed a contempt finding and three-month prison sentence after holding that the combined hearing of contact and contempt matters risked injustice.
AD v Conduct and Competence Committee of The Nursing and Midwifery Council [2014] ScotCS CSIH_90 (04 November 2014)
The Court of Session allowed a nurse’s appeal, finding inadequate representation and a flawed elimination methodology in disciplinary proceedings.
Gallagher v. Her Majesty's Advocate [2010] ScotHC HCJAC_46 (21 May 2010)
The Appeal Court allowed a conviction appeal, holding that a guilty plea was entered in clearly prejudicial circumstances after hurried advice and inadequate consultation.
Pickett v. Her Majesty's Advocate [2007] ScotHC HCJAC_47 (23 August 2007)
The court refused Scott Pickett’s appeal against conviction, holding that his guilty plea to a reduced charge of assault was tendered knowingly and without material misapprehension.
Hughes v. The Mental Health Tribunal [2006] ScotSC 56 (19 June 2006)
Appeal over funding and representation for a curator ad litem in mental health proceedings became academic after the patient’s death, so no order was made.
Mushtaq v. Secretary Of State For The Home Department [2006] ScotCS CSIH_19 (30 March 2006)
The Court of Session refused a motion to let a non-solicitor present an immigration appeal, holding he had no right of audience and declining a reference.
DS v JH [2004] ScotCS 267 (16 December 2004)
The Court of Session refused an appeal against exclusion, ejection, and interdict orders concerning the former matrimonial home, finding no relevant defence.
STEPHEN GAYNE v. PROCURATOR FISCAL, GLASGOW [1999] ScotHC 207 (12th August, 1999)
The appellant failed to show that the fixed payment limit under the legal aid regulations would, in practice, prevent a fair trial or amount to oppression. The existence of legal representation and the professional obligations of solicitors were sufficient to ensure fairness. The sheriff was correct to repel the plea in bar of trial.
Source excerpt
GARY JOHN BULLOCK v. HER MAJESTY'S ADVOCATE [1999] ScotHC 99 (5th May, 1999)
The refusal to adjourn for legal representation, combined with procedural missteps and prejudicial evidence, resulted in the appellant not receiving a fair trial, constituting a miscarriage of justice.
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