Axa General Insurance Ltd, Petitioners
| Jurisdiction | Scotland |
| Year | 2010 |
| Date | 2010 |
| Court | Sheriff Court |
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8 cases
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Appeal From Glasgow Sheriff Court Stuart Docherty+paul Logan+james Philbin V. The Scottish Ministers
...2 AC 395, per Lord Hope at paragraph 31). However, not all losses were compensatable by reparation (AXA General Insurance Ltd, Petitioners 2010 SLT 179, per Lord Emslie at paras [5]-[8]). Therefore, where, as here, a liability to pay damages arose in respect of a matter falling short of a l......
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Sinclair Collis Ltd For Judicial Review Of The Tobacco And Primary Health Services
...a public general statute than with subordinate legislation". In another Outer House decision, AXA General Insurance Limited, Petitioners, 2010 SLT 179, Lord Emslie was inclined to agree with Lord Nimmo Smith's description of them being sui generis: he characterised them as "in the nature of......
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Axa General Insurance Limited And Others V. The Lord Advocate As Representing The Scottish Ministers+the Advocate General For Scotland+daniel Fleming And Others
...36). On 8 January 2010 a different Lord Ordinary, Lord Emslie, having heard an extensive debate, dismissed the petition ([2010] CSOH 2; 2010 SLT 179). [3] The petitioners now reclaim both against that decision and the decision to allow the third to tenth respondents to enter the process. Th......
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Robert Greens+robert Stanger+thomas Wilson For Judicial Review
...that the ECtHR has not taken the opportunity to rule on the matter should not inhibit domestic courts from doing so: Axa General Insurance 2010 SLT 179. [211] In Napier it was held that to detain a person along with another prisoner in a cramped, stuffy and gloomy cell which was inadequate ......
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2 books & journal articles
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2012-05-01
...common law. Both grounds had been emphatically rejected by the lower courts,55Axa General Insurance Ltd v The Lord Advocate [2010] CSOH 2, 2010 SLT 179; Axa General Insurance Ltd v The Lord Advocate [2011] CSIH 31, 2011 SC 662. and, in my view, were never likely to be any more successful in......
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2010-05-01
...areas of traditional Scots law.99A challenge to the vires of the Act failed in Axa General Insurance Ltd and others, Ptrs [2010] CSOH 2, 2010 SLT 179: see F McCarthy, “Actionable rights and wrongs: human rights challenges in AXA General Insurance Ltd” (2010) 14 EdinLR 284. The question of f......