Carmichael v Boyle

JurisdictionScotland
Date1985
CourtHigh Court of Justiciary
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4 cases
  • Thomas Balmer+alan Thomas Balmer+anne Balmer V. Her Majesty's Advocate
    • United Kingdom
    • High Court of Justiciary
    • 25 Julio 2008
    ...on the accused, and that, if that requirement were not obtempered, the whole proceedings were incompetent (McAllister v H. M. Advocate 1985 SLT 399). The relevant current statutory provision was section 66(4) of the 1995 Act. If the firm, after dissolution, no longer existed as a separate l......
  • James Carslaw V. Her Majesty's Advocate
    • United Kingdom
    • High Court of Justiciary
    • 22 Julio 2008
    ...on the accused, and that, if that requirement were not obtempered, the whole proceedings were incompetent (McAllister v H. M. Advocate 1985 SLT 399). The relevant current statutory provision was section 66(4) of the 1995 Act. If the firm, after dissolution, no longer existed as a separate l......
  • Ross v HM Advocate
    • United Kingdom
    • High Court of Justiciary
    • 12 Julio 1991
    ...ground, a miscarriage of justice had occurred; and appeal allowed. H.M. Advocate v. CunninghamSC 1963 J.C. 80;Carmichael v. BoyleUNK 1985 S.L.T. 399 and Clark v. H.M. AdvocateSC1968 J.C. 53overruled in part. H.M. Advocate v. Ritchie 1926 J.C. 45approved. Opinion reserved, as to whether auto......
  • Jamieson v Advocate (HM)
    • United Kingdom
    • High Court of Justiciary
    • 25 Enero 1990
    ...this present situation. He simply brought them to my attention. Finally, he relied on two recent cases —McAllister v. H.M. AdvocateUNK 1985 S.L.T. 399 and Welsh v. H.M. AdvocateUNK 1986 S.C.C.R. 233. He made it clear that he founded in particular on the case ofWelsh in that, in his submissi......
1 books & journal articles
  • A Long Motor Run on a Dark Night: Reconstructing HM Advocate v Ritchie
    • United Kingdom
    • Edinburgh Law Review No. , May 2010
    • 1 Mayo 2010
    ...In spite of the criticism which the decision attracted, Cunningham was approved and followed by the appeal court in Carmichael v Boyle,10101985 SLT 399. which concerned a plea of dissociation by reason of diabetic In Ross a five-judge appeal court reinstated the authority of Ritchie and ove......

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