The Lord Advocate appealed against three decisions as to the use to be made of interviews where the detainees had not been given access to lawyers. In each case the prosecutor now appealed after their convictions had been overturned in the light of the decision in Cadder. Held: (Lord Kerr dissenting) The prosecutor’s appeals failed. … Continue reading Jude v Her Majesty’s Advocate: SC 23 Nov 2011
(Outer House) The parties had settled a claim for the loss by fire of an oil rig supply vessel. The parties now disputed whether the settlement carries interest under the Act. The parties’ insurers were concerned that the interest rate awarded under the staute at 8% was too high. Judges: Lord Hodge Citations: [2011] ScotCS … Continue reading Farstad Supply As v Enviroco Ltd: SCS 14 Sep 2011
An employer should recognise that it is not possible to predict all the ways in which dangers may arise, especially where the risk is created by carelessness. The employer is liable even if he did not foresee the precise accident that happened. In claims of damages for alleged negligence it could only be in rare … Continue reading Miller v South of Scotland Electricity Board: HL 1958
The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the exemption continued until the papers were destroyed, or for 20 years under the 1958 Act. Held: The … Continue reading Kennedy v The Charity Commission: SC 26 Mar 2014
Veracity of a witness is for the court hearing him The claimant, a retired miner, had sued his former solicitors, alleging professional negligence in the settlement of his claim for Vibration White Finger damages under the government approved scheme for compensation for such injuries. At trial, the judge found the claimant’s evidence unreliable, and that … Continue reading Perry v Raleys Solicitors: SC 13 Feb 2019
It is the general practice of the Court of Session to award interest due under the 1958 Act at the rate of 8%. Citations: 1992 SC 485 Statutes: Damages (Scotland) Act 1958 1 Jurisdiction: Scotland Cited by: Cited – Farstad Supply As v Enviroco Ltd SCS 14-Sep-2011 (Outer House) The parties had settled a claim … Continue reading Boots The Chemist Ltd v G A Estates Ltd: 1992
(Second Division) Held: Interest from a date earlier than the date of decree could be allowed on damages awarded for loss suffered before that date only where such loss could be definitely ascertained. Interest on solatium (being ascertainable not earlier than the award having been made in the court of first instance) was not payable … Continue reading Macrae v Reed and Mallik Ltd: SCS 1961
(Scotland) The pursuers were the widow and daughter of a tenant of the respondent who had been violently killed by his neighbour. They said that the respondent, knowing of the neighbour’s violent behaviours had a duty of care to the deceased and should have removed the neighbour, or warned them when their attempts to remove … Continue reading Mitchell and Another v Glasgow City Council: HL 18 Feb 2009
The claimant challenged refusal of a licence to sell second hand cars, saying that the licensing requirements imposed were outwith the Act under which they had been made. The licensing scheme imposed additional requirements.
Held: Though a . .
The claimants asserted negligence in the defendant in failing to provide an adequate response to an emergency call, leading, they said to the death of their daughter at the hands of her violent partner. They claimed also under the 1998 Act. The . .
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The claimant was injured at work as a consequence of the defender’s negligence. His injuries became more severe, and he came to suffer a disabling depression. Held: the Inner House had been wrong to characterise the Outer House decision as incorrect. Since the pursuer suffered physical injuries the starting point is that he was a … Continue reading Simmons v British Steel plc: HL 29 Apr 2004
