In the ruling, the court concluded that the judge, Justice Stuart-Smith, misdirected the case to the jury when applying the legal test
of "foreseeability" of the outcome of Vincent's death.
The legal test
which he applied was whether further treatment would be in Charlie's best interes ts and in his order he expressly found that it would not be.
Yesterday, judges Lady Dorrian, Lady Paton and Lord Menzies ruled that the original tribunal had not applied the correct legal test
when considering the case.
The charge against her "simply does not meet the legal test
for serious professional misconduct", the lawyer argued.
The legal test
for cessation is that one either acts to show one no longer needs protection or one's country has now changed in ways that make it safe to return.
After an extensive review of both English and French historic records about the region, the researchers concluded that a distinct, inter-related Metis population emerged in the Mattawa/Nipissing study region in the early 1800s and that this historic Metis community meets the legal test
set out by the Supreme Court of Canada in R.
Over 40,000 loan applicants are expected to see a reduction in the terms of their loans following a legal test
case which questioned the wording in past loan documents.
Political observers and legal experts say that a 12 per cent reservation will also face a legal test
in the High Court and Supreme Court.
This case now sets a precedent that anyone who meets the new legal test
will be considered to be deprived of their liberty and subject to a protective care regime.
But Mr Justice Supperstone said the council had applied too tough a legal test
and Miss Walford only had to show that Sunnydene was her "only or main home".
Over the last year the names of 108 people were scrubbed off following a legal test
A Crown Office spokesman said: "A strict legal test
must be satisfied before a crown appeal against sentence can be successful.