Discusses Office of the Scottish Charity Regulator v New Lanark Hotels Ltd (IH) on whether the Upper Tribunal had erred in concluding that a charity's trading subsidiaries should be entered on the Scottish Charities Register despite having activities which were commercial in nature, because their activities represented aspects of New Lanark as a functioning, living village and contributed to advancing its charitable purposes.
This article considers Iliev (Ilia) v HM Advocate (HCJ Appeal), refusing permission to appeal against a decision to extradite the applicant to Romania under a European arrest warrant on the grounds of res judicata or abuse of process arising out of the fact that a Swedish court had already refused to order his extradition and that he would be subject to inhuman or degrading treatment due to the conditions of his detention in Romania.
Extradition requests to Scotland under the European Arrest Warrant (EAW) have ended. Existing from 1 January 2004 to 31 December 2020 the EAW transformed aspects of Scottish and UK extradition practice. In its stead is a new set of rules applying between the UK and the EU 27 to persons arrested after 31 December. Those new rules are set out in Title VII of Part III of the Trade and Cooperation Agreement (TCA), concluded on 24 December 2020. Notably, the terms of the TCA are such that relatively few amendments to the applicable UK law, the Extradition Act 2003 (2003 Act), were necessary. The minimum punishment requirements and the statutory bars to extradition remain unchanged. This is not to suggest that there not several significant changes to the terms of extradition between the UK and the EU 27. There are.
Discusses Craig (James) v HM Advocate (HCJ Appeal), refusing an appeal by a UK resident, who was the subject of an extradition request by the US government, against a sheriff's decision to order his extradition, notwithstanding the illegality of the failure by the UK Government to bring the forum bar provisions under the Crime and Courts Act 2013 into force in Scotland.
The author considers the Defamation and Malicious Publications (Scotland) Bill and the upcoming reforms to the law of defamation.
Discusses Dean (Zain Taj) v Lord Advocate (HCJ Appeal) on the speciality rule in the Extradition Act 2003 s.95, and the compatibility of a UK-Taiwan memorandum of understanding with s.95.
This article discusses the rulings in Circuit Court of Warszawa-Praga v Maciejec (Sh Ct) and Regional Court in Bielsko-Biala, Poland v Charyszyn (Ch Ct) in which Polish nationals, subject to extradition order requests, argued that there was the appearance of a lack of independence in the Polish judicial system and they would not receive a fair trial. The paper considers the potential impact of Brexit on extradition.
Discusses the liability of employers for disciplinary action taken against employees following absences relating to bad weathers, notably pursuant to government or police advice, or because attending the workplace is not physically practical.
Examines recent developments in respect of extradition practice, focusing on the Sheriff Court decisions in: Lord Advocate v SN, involving a person suffering from dementia; Lord Advocate v Shapovalov, involving the applicability of statements of uncontroversial evidence; and Lord Advocate v Black on procedural requirements ahead of an extradition.
