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Human Rights and EU issues in Scottish public law cases

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Human Rights and EU issues in Scottish public law cases - PowerPoint PPT Presentation


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Human Rights and EU issues in Scottish public law cases. David Johnston QC. ECHR. Axa General Insurance Ltd [2010] CSOH 2 Article 6: is there interference with insurers’ rights in existing civil proceedings?

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Presentation Transcript
slide2
ECHR
  • Axa General Insurance Ltd [2010] CSOH 2
  • Article 6: is there interference with insurers’ rights in existing civil proceedings?
  • Article 1 of Protocol 1: is a (pre-2009) defence to a claim a ‘possession’? Does the Act interfere with a possession, namely insurers’ assets?
slide3
ECHR
  • A v Scottish Ministers 2008 SLT 412
  • R (F) v Secretary of State for the Home Department [2010] UKSC 17
  • Notification under Sexual Offences Act 2003: is the lack of a requirement for review proportionate?
slide4
ECHR
  • Anderson v United Kingdom (Application no 19859/04), judgment 9 February 2010
  • Article 6: what is a reasonable length of time in relation to civil appellate proceedings?
eu law
EU law
  • Forbes v Aberdeenshire Council and Trump International Golf Links [2010] CSOH 1
  • Directives 85/337/EEC and 2003/35/EC
  • Aarhus Convention
  • Against this background: a wider approach to title and interest?
eu law6
EU law
  • Directive 95/46/EC
  • Data Protection Act 1998
  • Common Services Agency v Scottish Information Commissioner 1998 SC (HL) 184
  • Craigdale Housing Association & others v Scottish Information Commissioner [2010] CSIH 43