HM Advocate v ARK and AR

JurisdictionScotland
Neutral Citation2013 SCCR 549,[2013] HCJAC 107
Year2013
Date2013
CourtHigh Court of Justiciary
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8 cases
  • B Against The Congregation Of The Sisters Of Nazareth And W Against The Congregation Of The Sisters Of Nazareth
    • United Kingdom
    • Court of Session
    • 14 January 2022
    ...20-42; M v O’Neill 2006 SLT 823; SF v Quarriers 2016 SCLR 111 – all cases concerning section 19A – and also HM Advocate v ARK (No.2) 2013 SCCR 549. Thus, both claims depended on the pursuers being able to establish the occurrence of wrongful acts by named individuals for whom the defender w......
  • Quinn v HM Advocate
    • United Kingdom
    • High Court of Justiciary
    • 20 September 2019
    ...to: AD v Netherlands (21962/93) ECtHR, 11 January 1994, unreported Adcock v Archibald 1925 JC 58; 1925 SLT 258 Advocate (HM) v ARK [2013] HCJAC 107; 2013 SCCR 549; 2013 SCL 901; 2013 GWD 30–594 Advocate (HM) v IP [2017] HCJAC 56; 2017 SCCR 447; 2017 SCL 877; 2017 GWD 23–391 Advocate (HM) v ......
  • Crown Bill Of Advocation At The Instance Of Procurator Fiscal Dundee Against Php
    • United Kingdom
    • Sheriff Appeal Court
    • 8 August 2019
    ...determined. In any event, the court may consider that a plea in bar cannot be determined until after the trial: HM Advocate v ARK and AR [2013] HCJAC 107, 2013 SCCR 549. The High Court had considered entrapment in Jones v HM Advocate [2009] HCJAC 86, [2010 JC 255 and the question of an over......
  • Lm Against The Executor Of Dg
    • United Kingdom
    • Sheriff Court
    • 7 January 2020
    ...final submission the defender, addressing Transco plc v HM Advocate (No 2), submitted that whilst in that case and in HMA v ARK and AR 2013 SCCR 549, the High Court repelled the preliminary objection that a trial would inevitably be unfair, it is unnecessary to apply that test when deciding......
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