Sean Toal v HM Advocate

JurisdictionScotland
Neutral Citation2012 SCCR 735
Date2012
CourtCriminal Court (Scotland)
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16 cases
  • Appeal By The Council Of The Law Society Of Scotland Against The Scottish Legal Complaints Commission (slcc)
    • United Kingdom
    • Court of Session
    • 9 June 2017
    ...[2014] 1 WLR 3202 paragraph 32 and 34; Cadder v HM Advocate 2011 SC (UKSC) 13, paragraphs [57]-[62] and [98]-[101]; Toal v HM Advocate 2012 SCCR 735). The clarification given in Anderson Strathern is regarded as a declaration of the law as it had always stood. It was open to any party in th......
  • Application Under The Double Jeopardy (scotland) Act 2011 By Her Majesty's Advocate Against (first) Ronnie Coulter; (second) Andrew Coulter; And (third) David Montgomery
    • United Kingdom
    • High Court of Justiciary
    • 28 November 2014
    ...reach a point when they became final (Kalyanjee v HM Advocate 2014 SCCR 397; Carberry v HM Advocate 2013 SCCR 587; Toal v HM Advocate 2012 SCCR 735). Third Respondent [35] The third respondent did not insist upon his compatibility issue minute. It was not disputed that the third respondent ......
  • Frank Carberry V. Her Majesty's Advocate
    • United Kingdom
    • High Court of Justiciary
    • 5 September 2013
    ...to the criminal process, at least in all but the most exceptional of cases. As the Lord Justice General (Gill) said in Toal v HM Advocate 2012 SCCR 735 (at para [108]): "...the need for finality and the interests of justice are not opposed concepts. The former is an aspect of the latter. Th......
  • Prior v Scottish Ministers
    • United Kingdom
    • Court of Session (Inner House)
    • 30 June 2020
    ...Holmes [2002] EWCA Civ 1104 Taylor v Scottish Ministers [2019] CSIH 2; 2019 SLT 288; [2019] LLR 637 Toal v HM Advocate [2012] HCJAC 123; 2012 SCCR 735; 2012 SCL 1063; 2012 GWD 33–667 Tolstoy Miloslavsky v UK (18139/91) [1995] ECHR 25; (1995) 20 EHRR 442; [1996] EMLR 152 Varney (Scotland) Lt......
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