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Hardship to Employer or Employees
As previously stated, in the current economic climate, the court
will take into account the accused's loss of employment. However
the court will be more concerned in the effect that a ban would
have on other, innocent, parties. The leading case on such
hardship is Mugarenza v Procurator Fiscal Glasgow XJ1186/08. This
was a successful appeal against the Justice's decision to ban the
accused notwithstanding that his business would come to an end
and, subsequently, his three employees would lose their jobs. The
High Court held that, taking into account the current economic
climate, such an effect was more than inconvenience and thus
constituted exceptional hardship.