The Lord Advocate, also known as Her Majesty’s Advocate, is the senior Scottish Law Officer. The Advocate General for Scotland is one of the Law Officers of the Crown, who advise the government on Scots law. A lawyer with a stammer was turned down for a job. Hughes, a young boy. The Lord Advocate also has a number of statutory functions, including in relation to extradition and mutual legal assistance with other jurisdictions. The Court found that, although the children's lives would be disrupted, Mr. and Mrs. H must nonetheless be extradited to face charges in the United States. Judgment details. References: 1989 SLT 469 Judges: Lord Emslie This case is cited by: Followed – Regina v R HL 23-Oct-1991 Case ID. The man hole had been left by workmen taking a break. Lord Advocate. This case concerned the destruction of oil fields in Burma by British forces during the Second World War. The public interest in extradition for such a serious crime outweighed Mr. and Mrs. H's right to private life. The cases involve Article 8 challenges to extradition proceedings brought against the appellants, a married couple sought by the United States authorities on charges relating to the importation into the US of ingredients for the manufacture of methamphetamine. Since there was in that context a statutory duty to have regard to the need to safeguard and promote the welfare of children when taking decisions about deportation or removal, it followed that any decision taken without regard to that need would not be "in accordance with the law" for the purpose of Article 8(2). P783/10. Translation memories are created by human, but computer aligned, which might cause mistakes. BH (AP) (Appellant) and another v The Lord Advocate and another (Respondents) (Scotland) Judgment date. Appellant. His DDA claim failed on the grounds that the stammer did not have a … add example. Upon a compromise of doubtful rights, a third party cannot come in and claim the fruits of that compromise by a title paramount. The alveus or bed of a public navigable river is inter regalia. OUTER HOUSE, COURT OF SESSION [2013] CSOH 27. The intention that extradition should operate speedily and simply is reflected in the timetables laid down in the 2003 Act. in the Petitions of (1) NJ and ... Reference was made to the decisions in K and T v Finland (2003) 36 EHRR 18 and Haase v Germany [2004] 2 FLR 39. 13th June 2019 13th January 2007 by Allan Tyrer. The approach of the Strasbourg court was stated in King v United Kingdom in the following terms: "Mindful of the importance of extradition arrangements between States in the fight against crime (and in particular crime with an international or cross-border dimension), the Court considers that it will only be in exceptional circumstances that an applicant's private or family life in a Contracting State will outweigh the legitimate aim pursued by his or her extradition.". Cadder v Her Majesty’s Advocate [2010] UKSC 43 Facts Cadder was detained by the police on suspicion of serious assault and cautioned in line with Sections 14 and 15 of the Criminal Procedure (Scotland) Act 1995. The House of Lords held that destruction was lawful, however, compensation would be awarded. Lord Hope, Lady Hale, Lord Brown, Lord Mance, Lord Judge, Lord Kerr, Lord Wilson. On 5 March the Supreme Court hears KAS or H v The Lord Advocate & Anor, BH v The Lord Advocate & Anor. Burmah Oil v Lord Advocate (1965) AC 75. Company & Directors' Information:-LORD INDIA PRIVATE LIMITED [Active] CIN = U24295MH1985PTC037482 Company & Directors' Information:-P. S. OIL TRADING PRIVATE LIMITED [Strike Off] CIN = U51101MH2012PTC229237. They come from many sources and are not checked. MacCormick v Lord Advocate (1953 SC 396) is a case on constitutional law decided in the Court of Session, initially in the Outer House, then appealed to the Inner House. P865/10. Extradition is itself the subject of an extensive body of international law. PREROGATIVE POWERS – EXECUTIVE. BH and Another v The Lord Advocate and Another: SC 20 Jun 2012. The views and activities of the listed organisations do not necessarily reflect the views or activities of CRIN's coordination team. James Wolffe became an advocate in 1992. %PDF-1.5 %���� The discussion focused on the consideration which should be given by the decision-maker to the best interests of the children. He was First Standing Junior Counsel to the Scottish Ministers from 2002 to 2007; and became a Queen’s Counsel in that year. Found 244 sentences matching phrase "Lord Advocate".Found in 11 ms. de Von März bis Oktober 1947 war er Solicitor General for Scotland und wurde dann zum Lord Advocate ernannt. Burmah Oil Co. v Lord Advocate Burmah Oil Company Ltd. v Lord Advocate, [1965] AC 75, was a court case, raised in Scotland, and decided ultimately in the House of Lords.The case is an important decision in UK constitutional law and had unusual legal repercussions at the time.. All rights reserved |, ADDRESS Suite 152, 88 Lower Marsh, London SE1 7AB, United Kingdom, A summary of the case relating to the Convention on the Rights of the Child cited in this decision, ZH v. Secretary of State, is available at, Rights, Remedies and Representation: A global report on access to justice for children, Heard Island and McDonald Islands [Australia], South Georgia and the South Sandwich Islands, British Indian Ocean Territory [United Kingdom], Hong Kong, Special Administrative Region of China, Macao Special Administrative Region of China, Macedonia, the former Yugoslav Republic of, http://www.crin.org/Law/instrument.asp?InstID=1520, European Convention for the Protection of Human Rights and Fundamental Freedoms. Extradition Treaty, Protocol of Signature and Exchange of Notes between the United States and the United Kingdom of 8 June 1972. In particular, the Strasbourg court had referred to the United Nations Convention on the Rights of the Child ("UNCRC") in order to inform its interpretation of Article 8 [of the European Convention on Human Rights], for example in the Grand Chamber judgment in Neulinger and Shuruk v Switzerland, 6 July 2010, which concerned international child abduction. Hughes v Lord Advocate UKHL 8 is a famous Scottish delict case decided by the House of Lords on causation. Date: July 29, 2011. Get Hughes v. Lord Advocate, [1963] A.C. 837 (H.L. The Lord Advocate chooses new judges, suggests new laws, and decides whether or not a law needs to be changed Written and curated by real attorneys at Quimbee. The case is also influential in negligence in the English law of tort (even though English law does not recognise "allurement" per se). endstream endobj 15 0 obj <> endobj 16 0 obj <> endobj 17 0 obj <>stream The leading judgment was given by the Lord President. 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