Judges: Lord Reed, President, Lord Lloyd-Jone, Lord Ssbury, Lord Stephens, Citations: [2022] UKSC 31 Links: Bailii, Bailii Press Summary, Bailii Issues and Facts, Bailii Press Summary, Baili Summary – Expedited Statutes: Scotland Act 1998 Jurisdiction: Scotland Constitutional Updated: 20 December 2022; Ref: scu.683487
Judges: Lord Coulsfield Citations: 1999 SLT 1088, [1998] ScotCS 46, [1999] 1 PLR 53, 1999 SCLR 397 Links: Bailii Jurisdiction: Scotland Planning Updated: 16 September 2022; Ref: scu.169775
Complaint was made within time limit when the decision complained of was a reconsideration of an earlier decision, not just a reference back to it. Held: In a sex discrimination case, where there has been a constructive dismissal, time runs from the date of the employer’s breach and not from the date of the employee’s … Continue reading Cast v Croydon College: CA 19 Mar 1998
The claimants complained that the receivers appointed by the bank had failed to get the best price for properties charged to the bank and sold, in that they had failed to obtain planning permissions which would have increased the values of the properties. Held: The court was being asked ‘whether the express appointment in the … Continue reading Silven Properties Ltd and Another v Royal Bank of Scotland Plc and Others: CA 21 Oct 2003
The pursuer sought reparation against three former shipbuilders. He had developed extensive bilateral pleural plaques and asbestosis. Held: Lord Gill felt that it was possible to give the proviso a satisfactory meaning, notwithstanding his conclusion that the 1931 Regulations applied only to the asbestos industry: ‘the Regulations related to those processes by which the raw … Continue reading Watt v Fairfield Shipbuilding and Engineering Company Limited and Upper Clyde Shipbuilders Ltd and Energy and Marine (Weirside) Limited: SCS 3 Nov 1998
Additional damages under section 97 of the 1988 Act, can only be awarded with compensatory damages, not with a claim for damages under section 96. Citations: Times 26-Jan-1998, Gazette 11-Feb-1998, [1998] 1 All ER 385, [1998] UKHL 2, [1999] AC 197, [1998] 2 WLR 198 Links: House of Lords, Bailii Statutes: Copyright Designs and Patents … Continue reading Redrow Homes Ltd and others v Bett Brothers Plc and others: HL 22 Jan 1998
The Court of Appeal is not strictly bound by the terms of leave to appeal given, but where the points had been specifically considered a point could only be heard with the leave of the Court of Appeal which had full power to regulate its own proceedings. Judges: Robert Walker LJ Citations: Times 14-Jan-1999, [1998] … Continue reading Yorkshire Bank Plc v Hall and Others: CA 18 Dec 1998
The bank appealed an order setting aside a deed of guarantee and mortgage and denying the possession order sought. The guarantee had been given to support borrowings of the defendant’s company. The defendant was the wife of the director and had been reluctant to sign, and claimed she had not been given independent advice. The … Continue reading Governor and Company of Bank of Scotland v Bennett and Another: CA 21 Dec 1998
The pursuer owned a flat on the second and top floors of a building damaged by renovation works carried out by the defenders to the basement and ground floor of the same building. He relied on a letter by the defenders’ loss adjusters confirming that they had no objection to the pursuer instructing the necessary … Continue reading Richardson v Quercus Limited: IHCS 24 Dec 1998
To receive a compensatory award, a claimant must provide proof of loss. Referring to Norton Tool, Lord Blofeld said: ‘The approach . . has, as we understand the position, governed the attitude of tribunals to compensation ever since. It is, in our view, inconsistent with that approach to introduce principles of foreseeability or remoteness in … Continue reading Leonard v Strathclyde Buses Ltd: 1998
Detailed guidance was given on the quality of independent legal advice, which would be required to be given to wives signing charges to secure their husbands’ business etc accounts on the matrimonial home. The interaction of legal advice and allegations of undue influence is a question of notice. Citations: Times 17-Aug-1998, Gazette 26-Aug-1998, [1998] EWCA … Continue reading Royal Bank of Scotland v Etridge, Loftus and Another v Etridge and Another, Etridge v Pritchard Englefield (Merged With Robert Gore and Co ) Midland Bank Plc v Wallace and Another (No 2): CA 31 Jul 1998
The claimant applied for a loan secured against a property owned with his wife. The defendant instructed solicitors who reported on title with an undertaking that documents would be executed before completion. They sent the mortgage to Mr. and Mrs. Zwebner to sign, but Mr. Zwebner forged her signature. She now brought proceedings against the … Continue reading Zwebner v Mortgage Corporation Plc; Trustee of Property of Zwebner and Brooks and Co: CA 18 Jun 1998
Craigdallie stated settled law: ‘My Lords, I disclaim altogether any right in this or any other civil court of this realm to discuss the truth or reasonableness of any of the doctrines of this or any other religious association, or to say whether any of them are or are not based on a just interpretation … Continue reading General Assembly of Free Church of Scotland v Overtoun: HL 1904
A Hindu religious sect, constituted as a charity, had split into two factions. Held: The court had jurisdiction to order that the assets of the sect should be divided under the powers in the Act, and held upon separate trusts for the two factions. The court declined to adjudicate as to which group was correctly … Continue reading Varsani and others v Jesani, Patel and Her Majesty’s Attorney-General: CA 3 Apr 1998
The plaintiff complained as to the provision of references by his bank. The bank said he had given an implied permission through the bank which had made the request. Later changes in the bankers code of practice would have required explicit written consent. Held: The bank had failed in its duty of disclosure of the … Continue reading Turner v Royal Bank of Scotland Plc: CA 24 Mar 1998
The parties were Iranian Jews, father and son. The son arranged to export carpets from Iran in contravention of Iranian law. The father and son fell into dispute about their contracts and arranged for the issues to be resolved by the Beth Din according to Beth Din rules which incorporated Jewish Law. The son applied … Continue reading Soleimany v Soleimany: CA 4 Mar 1998
The Listed buildings registers are to be read consistently; the trading level is a material consideration in listed buildings consent applications. The weight to be given to a material consideration once identified was a matter of judgment for the decision maker alone. Lord Clyde said: ‘In the practical application of section 18A, it will obviously … Continue reading City of Edinburgh Council v Secretary of State for Scotland and Another; Same v Same (Conjoined Appeals): HL 31 Oct 1997
The court considered the burden of proof placed on the prosecution under s28 of the 1971 Act. Held: ‘Subsections (2) and (3) of Section 28 are both designed to come into play at a stage when the Crown have proved all that they need to prove in order to establish guilt either of a contravention … Continue reading Salmon and Moore v Her Majesty’s Advocate: HCJ 13 Nov 1998
The claimant sought damages from the defender, saying that a co-worker had sexually harrassed her. The behaviour continued after she made a complaint to her employer. Held: It was conceded that the employee’s conduct was not such as to attract a vicarious liability, but in the circumstances the employee was indulging in an unrelated and … Continue reading Ward v Scotrail Railways Limited: SCS 27 Nov 1998
An organiser of a football match was not responsible for the costs of a disappointed spectator after the opposing team failed to appear. A foreign company once properly joined as co-defendant remained a party after a native party was released. Judges: R.G. McEwan Citations: Times 07-Jan-1999, [1998] ScotCS 85 Links: Bailii Jurisdiction: Scotland Contract Updated: … Continue reading John Macdonald v Federation International De Football Association and others: OHCS 2 Dec 1998
Three actions arising from three separate incidents which occurred when the respective pursuers were passengers on board helicopters operated by the defenders, Bristow Helicopters Limited, serving North Sea Oil Platforms and Installations. Citations: [1998] ScotCS 66 Links: Bailii Jurisdiction: Scotland Personal Injury, Transport Updated: 16 September 2022; Ref: scu.163382
The parties disputed the extent of duty owed by a surveyor to a lender relying on his valuation of a property to be loaned. Held: The valuer’s appeal failed. The valuer had valued the wrong property, after being misled by the borrower. The lender was entitled to damages. The court should ask whether, having regard … Continue reading Platform Funding Ltd v Bank of Scotland Plc (Formerly Halifax Plc): CA 31 Jul 2008
Requirements for Enforcing Consumer Loan Agreement The claimant challenged the validity of a loan agreement with his bank as a regulated consumer credit agreement. After default, the lender failed to satisfy a request for a copy of the agreement under section 77. The bank said that though it could not enforce the agreement, it remained … Continue reading McGuffick v The Royal Bank of Scotland Plc: ComC 6 Oct 2009
A challenge by request for judicial review to the legality of the comprehensive ban on smoking at the State Hospital at Carstairs which the State Hospitals Board adopted. The appellant, a detained patient, did not challenge the ban on smoking indoors, but rather as to the ban on smoking in the grounds and on home … Continue reading McCann v The State Hospitals Board for Scotland: SC 11 Apr 2017
A child aged 10 had crossed the road without taking reasonable care to check whether traffic was coming. She was struck by a driver who was driving at an appropriate speed but had failed to notice her, and could have avoided her if he had been paying proper attention. Held: The assessment of the child’s … Continue reading McCluskey v Wallace: SCS 14 May 1998
The phrase ‘causa data causa non secuta’ is used not to describe a remedy as such, but rather to describe one particular group of situations in which the law may provide a remedy because one party is unjustifiably enriched at the expense of the other. Judges: Lord President Rodger Citations: [1998] ScotCS CSIH – 121, … Continue reading Shilliday v Smith: SCS 2 Apr 1998
Mr K asserted beneficial ownership under a resulting trust over land in Scotland bought by an English company to which he had advanced the purchase price. Scots law, the lex situs of the land, did not recognise any equitable interest. The company having gone into receivership. Held: A declaration was granted in these English proceedings … Continue reading Lightning v Lightning Electrical Contractors Ltd: CA 1998
Maintenance assessment – whether an extract copy of a minute of agreement registered in the Books of Council and Session constituted a court order under Scots law Citations: [1998] UKSSCSC CSCS – 5 – 1997 Links: Bailii Benefits, Scotland Updated: 15 July 2022; Ref: scu.269131
Judges: Lord Coulsfield Citations: [1998] ScotCS 39 Links: Bailii Jurisdiction: Scotland Citing: Cited – Young v McGlennan 1991 An assault may be committed if an accused has acted deliberately when he has carried out an attack upon another. . . Lists of cited by and citing cases may be incomplete. Personal Injury Updated: 14 July … Continue reading Gray v The Criminal Injuries Compensation Board: OHCS 28 Oct 1998
Mrs Bennett defended the bank’s claim for possession of the matrimonial home charged to the bank to secure her husband’s borrowings. She said that her signature, both to the guarantee and to the legal charge, had been procured by her husband’s undue influence and that, in the circumstances, the bank must be taken to have … Continue reading Governor and Company of Bank of Scotland v Bennett and Another: ChD 1997
The claimant sought damages for an alleged negligent mis-statement by his bankers when giving a reference. He sought leave to appeal. Held: Leave was refused. The claimant had not established either that the bank had broken its duty of care to the claimant, or that he had suffered any loss. Citations: [2001] EWCA Civ 64 … Continue reading Turner v Royal Bank of Scotland Plc: CA 23 Jan 2001
Judges: Lord Kirkwood Citations: [2000] ScotCS 160 Links: Bailii Statutes: Pension Schemes Act 1993 Jurisdiction: Scotland Financial Services Updated: 19 June 2022; Ref: scu.169303
Three appeals raised issues about the way in which sex discrimination laws were to be applied for cases involving sexual orientation. Held: The court should start by asking what gave rise to the act complained of. In this case it was the sexual orientation of the first claimant. Discrimination for sexual orientation does not come … Continue reading MacDonald v Advocate General for Scotland (Scotland); Pearce v Governing Body of Mayfield School: HL 19 Jun 2003
When calculating interest on the loss of a primary family wage, the court was not to deduct benefits from such payments, and interest can be included in the total to be offset against his own liability to repay benefits. Citations: Times 18-May-1998 Statutes: Social Security (Recovery of Benefits) Act 1997 Jurisdiction: Scotland Personal Injury, Damages … Continue reading Spence v Wilson and Others (No 2): OHCS 18 May 1998
The claimant sought damages for post traumatic stress disorder. He was a road worker instructed to attend by the defendant immediately after a terrible accident. Held: It was a classic case of nervous shock. He was not a rescuer, and nor had he faced any personal danger, nor been physically injured. The range of people … Continue reading Keen v Tayside Contracts: OHCS 26 Feb 2003
(The High Court of Justiciary) The prosecution had accepted that the matter had been the subject of unreasonable delay, but wished to continue. The defendant sought a plea in bar, on the basis that continuing would infringe his rights. Held: Once it was accepted that the delay took the prosecution outside the defendant’s right to … Continue reading Regina v HM Advocate and The Advocate General for Scotland: PC 28 Nov 2002
Judges: Lord Justice General Citations: [1998] ScotHC 22 Links: Bailii Statutes: Education (Scotland) Act 1980 Jurisdiction: Scotland Crime Updated: 06 June 2022; Ref: scu.171014
The pursuer, having undertaken the removal and storage of scaffolding at the request of the police now sought payment for his services. Judges: Lord Hamilton Citations: [1998] ScotCS 99 Links: Bailii Jurisdiction: Scotland Police, Contract Updated: 04 June 2022; Ref: scu.163415
The claimant prison officer had continued beyond the normal retirement age, but subject to a discretion and review. The service changed its retirement policy. He now challenged the requirement that he retire. Judges: Caplan L Citations: [1998] ScotCS 103, [1999] SCLR 263, [1999] IRLR 362 Links: Bailii Citing: Cited – Wandsworth London Borough Council v … Continue reading Taylor v Against an Order and Judgment of the Employment Appeal Tribunal: SCS 18 Dec 1998
A plaintiff in a personal injury action, was entitled to claim, and be paid, interest on his award for compensation for lost earnings, even though some part of it was to be paid direct to the Department of Social Security by way of recovery of benefits. The scheme for recovery of benefits paid deliberately stayed … Continue reading Wisely v John Fulton Plumbers Ltd (Scotland) and Wadey v Surrey County Council: HL 6 Apr 2000
The dismissal of a Scottish Sheriff ‘for inability’ is not limited in meaning to either mental or physical infirmity, but can also include simple incompetence. The fact that the inquiry into the sherriff’s unfitness was conducted in private was not unfair. Judges: Lord Lloyd of Berwick, Lord Jauncey of Tullichettle, Lord Steyn, Lord Hutton, Lord … Continue reading Stewart v Secretary of State for Scotland (Scotland): HL 22 Jan 1998
80% of the men who had been employed since 1 April 1997 had got protection under TUPE whereas only 66.66% of the women had. It was argued that this difference in percentages was sufficient to justify a claim of indirect discrimination. Held: There was no sex discrimination where there were genuine reasons for a pay … Continue reading Strathclyde Regional Council and others v Wallace and others (Scotland): HL 22 Jan 1998
(Scotland) A had granted to C an heritable and irredeemable servitude right to install services under land. A objected to the installation of a particular pipe, and sought damages to the cost of a grant of similar rights. All conditions restricting the use of land must be very clearly expressed, the presumption being always for … Continue reading Axis West Developments Ltd v Chartwell Land Investments Ltd: HL 15 Dec 1998
(Scotland) The grantor of a document was the principal under a deed, not the signatory, where these were different people. The right to rectification was decided accordingly. Judges: Lord Browne-Wilkinson, Lord Steyn, Lord Hoffmann, Lord Clyde, Lord Hutton Citations: Times 05-May-1999, [1999] UKHL 16 Links: House of Lords, Bailii Statutes: Requirements of Writing (Scotland) Act … Continue reading Governor and Company of the Bank of Scotland v Brunswick Development (1987) Ltd and Another: HL 24 Mar 1999
The employer, a vehicle hire operator, explained to the Claimant employee following her appointment as a receptionist their policy that if she received an enquiry from any coloured or Asians, judging by their voices, she was to tell them that there were no vehicles available. Upset by that policy she promptly resigned, and later claimed … Continue reading Weathersfield Ltd (T/a Van and Truck Rentals) v Sargent: CA 10 Dec 1998
The plaintiff was severely injured when a branch was broken from a tree in a high wind, and fell onto the van he was driving. The land-owner appealed a finding of liability in nuisance. Held: The local authority were also the highway authority, and it was the defendants’ duty regularly to inspect the tree for … Continue reading Chapman v London Borough of Barking and Dagenham: CA 13 Jul 1998
It was suggested that a landlord, or at least a local authority landlord, who knows or ought to know of a nuisance being committed in the neighbourhood of the demised premises, but who fails to take such steps as are reasonable in all the circumstances and within a reasonable time to prevent or control the … Continue reading Hussain and Another v Lancaster City Council: CA 14 May 1998
The court set out the general rule in construing an outline planning permission which was clear, unambiguous and valid on its face. Regard could be had only to the planning permission itself and any conditions and the express reasons for them. Judges: Keene J Citations: [1999] PLCR 12, [1998] EWHC Admin 488 Links: Bailii Jurisdiction: … Continue reading Regina v Ashford Borough Council ex parte Shepway District Council: Admn 7 May 1998
(Scotland) Joint pro indiviso proprietors of land were not able at law to create a binding lease in favour of one of their number, so as to defeat the proper claims of a third party. A person cannot enter into a contract with himself. Held: The appellant was not able to assert his rights as … Continue reading Clydesdale Bank plc v Davidson and Others (Scotland) Clydesdale Bank plc v Davidson and Others: HL 16 Oct 1997
A sub-contractor would owe a duty of care to the main contractor and the insurer be entitled to stand subrogated to the main contractor where the sub-contractor was not nominated as being exempt from such duty in the insurance. Judges: Lord Lloyd of Berwick, Lord Mackay of Clashfern, Lord Mustill, Lord Cookeof Thorndon, Lord Hutton … Continue reading British Telecommunications plc v James Thomson and Sons (Engineers) Ltd: HL 29 Oct 1998
(Scotland) A detention in hospital which was capable of preventing the deterioration of a psychopathic disorder in a patient was sufficient to bring his detention within the requirement for treatment which might alleviate a condition, which phrase has a wide meaning. ‘Medical treatment’ could include treatment which alleviates or prevents a deterioration of the symptoms … Continue reading Hutchison Reid v Secretary Of State For Scotland and Another: HL 5 Feb 1998
The appellant had been compulsorily detained in a mental hospital, but after treatment was granted leave of absence, which left her still subject to the detention. It was proposed that she be made subject to a community care order. She complained that she should have been discharged from the compulsory detention. Held: The officer was … Continue reading Krol v Craig: HL 29 Oct 1998
A tribunal considering a claim of disability discrimination should best consider the various statutory elements in the order given in the Act, so as to avoid confusion in unraveling what is a complex statutory structure. The wide language of section 6(2) and 6(3) is capable of applying to a ‘dismissal situation’. Although section 6 makes … Continue reading Morse v Wiltshire County Council: EAT 1 May 1998
(Scotland) A move to supervised community care by a detained patient first requires a finding by a psychiatrist that detention is no longer necessary, but a report to that effect is not sufficient to allow requirement to release as such. Judges: Slynn, Lloyd, Hoffmann, Hope, Hutton LL Citations: Times 07-Dec-1998, [1998] UKHL 54, 1999 SCLR … Continue reading K (A Patient) v Craig: HL 3 Dec 1998
A 26 year old man who had no pre-existing condition sustained damage to his lumbar spine in a fall. He suffered from constant lumbar pain and also sudden shooting pains through his left buttock and thigh to his knee. He developed an abnormal pain disorder, and was forced to retire from work on medical grounds … Continue reading Burke v Royal Infirmary of Edinburgh National Health Service Trust: OHCS 8 Jun 1998
The cost of an interest rate swap brokerage agreement was not covered by an indemnity against ‘all costs charges and expenses incurred’. Citations: Times 16-May-1997, 1998 SC 657 Citing: Appealed to – Bank of Scotland v Dunedin Property Investment Co Ltd IHCS 24-Sep-1998 Issue of loan stock supported by charge for ‘all costs charges and … Continue reading Bank of Scotland v Dunedin Property Investment Co Ltd: OHCS 16 May 1997
Issue of loan stock supported by charge for ‘all costs charges and expenses incurred’ this included the breakage cost of the bank in setting up interest-rate swap arrangements to protect itself against swings in costs. Judges: Lord President (Rodger Citations: Times 24-Sep-1998, 1998 SC 658 Citing: Appeal from – Bank of Scotland v Dunedin Property … Continue reading Bank of Scotland v Dunedin Property Investment Co Ltd: IHCS 24 Sep 1998
Citations: 1998 SLT 494 Jurisdiction: Scotland Cited by: Cited – Majrowski v Guy’s and St Thomas’ NHS Trust HL 12-Jul-2006 Employer can be liable for Managers Harassment The claimant employee sought damages, saying that he had been bullied by his manager and that bullying amounting to harassment under the 1997 Act. The employer now appealed … Continue reading McGlennan v McKinnon: 1998
The bankrupt was due to have his automatic discharge, but the Official Receiver applied on the day before for the discharge for an interim suspension of the discharge to allow consideration of his alleged lack of co-operation. The bankrupt said the court had no power to make such an order. The Official receiver had served … Continue reading Jacobs v Official Receiver; In re Jacobs (a bankrupt): ChD 3 Apr 1998
Pleural plaques constituted an identifiable injury for which damages were recoverable. Judges: Lord Maclean Citations: [1998] SLT 562 Jurisdiction: Scotland Cited by: Cited – Rothwell v Chemical and Insulating Co Ltd and Another CA 26-Jan-2006 Each claimant sought damages after being exposed to asbestos dust. The defendants resisted saying that the injury alleged, the development … Continue reading Gibson v McAndrew Wormald and Co Ltd: 1998
The court was asked whether the development of multiple sclerosis had been caused by physical injury sustained in a motor accident. Medical science was not able to demonstrate the connection between the two, and reliance was placed on epidemiological evidence. Held: The court referred to the case of Davie as affording: ‘[a]uthoritative guidance on the … Continue reading Dingley v The Chief Constable, Strathclyde Police: 1998
The House considered the test of unfitness of a Sherriff: ‘. . what has to be shown is that he is not really capable of performing the proper function of a judge at all.’ Judges: Lord Coulsfield Citations: 1996 SLT 1203 Citing: Appealed to – Stewart v Secretary of State for Scotland (Scotland) HL 22-Jan-1998 … Continue reading Stewart v Secretary of State for Scotland: IHCS 1996
Interest relief against tax was allowed to residents in England farming in partnership in Scotland on interest payments on loan. Citations: Times 18-Mar-1998 Statutes: Income and Corporation Taxes Act 1988 353(1) 362(1)(b) Jurisdiction: England and Wales Income Tax Updated: 10 May 2022; Ref: scu.83340
The claimants sought damages from mortgagees who had sold their charged properties as receivers. They said they had failed to sell at a proper value. They asked whether the express appointment in the mortgage of receivers as agents of the mortgagor leads to the assumption by receivers who accept such appointment of responsibilities and duties … Continue reading Silven Properties Limited, Chart Enterprises Incorporated v Royal Bank of Scotland Plc, Vooght, Harris: CA 21 Oct 2003
It is a question of fact and degree whether new circumstances had been revealed which would allow a new action based on different grounds but same facts as first action. Citations: Times 18-May-1998 Jurisdiction: Scotland Litigation Practice Updated: 09 May 2022; Ref: scu.89244
Judges: Lord Hamilton Links: ScotC Jurisdiction: Scotland Scotland Updated: 05 May 2022; Ref: scu.170466
The bank replied to several enquiries as to the customer’s credit status without first seeking the customer’s consent. It claimed that this was general practice at the time. Held: The practice fell short of being ‘notorious’ or well known, and was a breach of confidentiality. Judges: Chadwick LJ Citations: Gazette 06-May-1999, [2000] BPIR 683 Jurisdiction: … Continue reading Turner v Royal Bank of Scotland plc: CA 6 May 1999
The practice had grown up of granting new agricultural tenancies to limited partnerships constituted under the Limited Partnerships Act 1907 in which the landlord or his nominee was the limited partner and the tenants of the farm were the general partners. Dissolution of a limited partnership by one of the partners giving notice to the … Continue reading MacFarlane v Falfield Investments Ltd: SCS 1998
Citations: 1998 SLT 822 Cited by: Cited – AXA General Insurance Ltd and Others v Lord Advocate and Others SCS 8-Jan-2010 The claimant sought to challenge the validity of the 2009 Act by judicial review. The Act would make their insured and themselves liable to very substantial unanticipated claims for damages for pleural plaques which … Continue reading Nicol v Scottish Power plc: 1998
Employees were made redundant. The tribunal held the dismissals to be unfair because that there had been no consultation worthy of the name with any of the employees and because it was impossible to decide whether the selection criteria had been fairly applied in the absence of evidence from those who had made the relevant … Continue reading King v Eaton Ltd (No 2): IHCS 1998
(Australia) Objection was taken to the participation of a judge in a High Court decision on the constitutionality of a Commonwealth statute, on the basis that the judge, as counsel, had given an opinion on the point. The judge concluded that he should not disqualify himself: ‘I do not think that the expression of an … Continue reading Kartinyeri v Commonwealth of Australia: 1998
Re-instatement may be inappropriate where an employer has lost confidence in an employee. The Employment Tribunal’s order for re-engagement was set aside where the Respondent genuinely believed that the Claimant was using and dealing in drugs in the workplace and had been guilty of clocking offences. Although the dismissal was found to be unfair due … Continue reading Wood Group Heavy Industrial Turbines Ltd v Crossham: EAT 1998
Documents obtained by discovery during litigation in Scotland may be used with the consent of the court in litigation in foreign jurisdiction. Dailey Petroleum Service not to be followed. Citations: Times 28-May-1998 Litigation Practice Updated: 28 April 2022; Ref: scu.82416
A stock-broker who innocently requested the registration of a transfer supported by a duplicate share certificate was obliged to indemnify the company registrar for his loss even though the fraud had been made possible by duplicate share issue.Tuckey J: ‘The certificate named the true owner of the shares, Mr AF Moore. The fact that Mr … Continue reading Royal Bank of Scotland Plc v Sandstone Properties Ltd and Others: QBD 12 Mar 1998
Judges: Sir David Eady Citations: [2017] EWHC 3368 (QB) Links: Bailii Statutes: Data Protection Act 1998 Jurisdiction: England and Wales Defamation, Information, Jurisdiction Updated: 26 April 2022; Ref: scu.621134
The claimant appealed after her claim for sex discrimination had failed. She had been dismissed from her position an associate minister of the church. The court had found that it had no jurisdiction, saying that her appointment was not an employment. However the jurisdiction in sex discrimination cases was wider, extending to those who ‘contract … Continue reading Percy v Church of Scotland Board of National Mission: HL 15 Dec 2005
The appellant challenged the grant of permission to the erection of wind turbines within sight of its golf course. Held: The appeal failed. The challenge under section 36 was supported neither by the language or structure of the 1989 Act, and ‘ The flexibility conferred on the Scottish Ministers in each of those conditions to … Continue reading Trump International Golf Club Scotland Ltd and Another v The Scottish Ministers (Scotland): SC 16 Dec 2015
Benefits which might be payable or recoverable in respect of damages should not be disregarded when the court considers what elements are to be allowed interest when calculating personal injury damages. Citations: Times 02-Dec-1998 Jurisdiction: England and Wales Citing: Appealed to – Wisely v John Fulton Plumbers Ltd (Scotland) and Wadey v Surrey County Council … Continue reading Wisely v John Fulton (Plumbers) Ltd: IHCS 2 Dec 1998
Since it was not impossible to assess after the event the environmental impact it was equally possible to order an environmental assessment after the event, and judicial review of decision was possible. Citations: Times 04-Jun-1998 Environment Updated: 10 April 2022; Ref: scu.89650
A Scottish court has no jurisdiction to act in a Scottish bankruptcy case could not act to retrieve property assigned without consideration to an English company with no connection to Scotland other than the gift. Citations: Times 14-Oct-1998 Statutes: Civil Jurisdiction and Judgments Act 1982 Sch 8 Citing: See also – Re Thoars (Dec’d); Reid … Continue reading Reid v Ramlort Ltd: IHCS 14 Oct 1998
A contingency agreement for conduct of personal injury litigation was not a pactum de quota litis and the agreement was valid and enforceable Citations: Times 26-Feb-1998 Scotland, Legal Professions Updated: 09 April 2022; Ref: scu.85091
The pursuers reared salmon eggs to the age of two years (smolt), before then selling them on. The defenders caused an oil spill, and the area was designated as an exclusion zone preventing the pursuers continuing their trade and could not sell their smolt save at a much reduced price or not at all. Held: … Continue reading Landcatch Ltd v The Braer Corporation and Others: OHCS 6 Mar 1998
EAT The claimant was employed to work as a standby carpenter by the respondents, for the production of ‘Sea of Souls’, for a period of some 24 weeks. His contract provided that his services would be required for up to 6 days each week and that regarding leave, he was entitled to 6 days of … Continue reading Sumsion v BBC (Scotland): EAT 21 Mar 2007
Wives had charged the family homes to secure their husband’s business borrowings, and now resisted possession orders, claiming undue influence. Held: Undue influence is an equitable protection created to undo the effect of excess influence of one person over the will of another, though it should not always be presumed to arise from the existence … Continue reading Royal Bank of Scotland v Etridge (No 2); Barclays Bank plc v Harris; Midland Bank plc v Wallace, etc: HL 11 Oct 2001
A Scottish search warrant was executable in England since it counted as a summary act under repealed legislation, though was also subject to the protection in England against searches of journalist’s materials. Times 22-Oct-1998, [1998] EWHC Admin 974 Criminal Procedure (Scotland) Act 1995, Police and Criminal Evidence Act 1984 England and Wales Citing: Mentioned – … Continue reading Regina v Manchester Stipendiary Magistrate, ex parte Granada Television Limited: Admn 16 Oct 1998
Freedom of Information (Scotland) Act 2002 (FOISA) sections 1(1) and (6) (General entitlement); 2(1)(a) and (2)(e)(ii) (Effect of exemptions); 38(1)(b), (2)(a)(i) and (2)(b) and (5) (definition of ‘the data protection principles’, ‘data subject’ and ‘personal data’) (Personal information) Data Protection Act 1998 (the DPA) sections 1(1) (Basic interpretative provisions) (definition of personal data); 2 (Sensitive … Continue reading Howarth and Chief Constable of The Police Service of Scotland: SIC 29 Apr 2015
Courts are moving more and more to requiring parties to settle all issues in one action. Lord Macfadyen 1998 SCLR 350 Scotland Cited by: Cited – Mark George Thomson v Michael Coutts ScSf 1-Jun-2001 The pursuer sought damages, and the defender asserted res judicata, in that this was in effect an attempt by the pursuer … Continue reading Irving v Hiddleston: OHCS 1998
A company’s ban on the provision of travel perks to same sex partners of employees did not constitute breach of European sex discrimination law. An employer’s policy was not necessarily to be incorporated into the contract of employment. The court said that since the rule applied equally to male and female employees it was not … Continue reading Grant v South West Trains Ltd: ECJ 17 Feb 1998
EAT WORKING TIME REGULATIONS: HOLIDAY PAY – DAMAGES FOR BREACH OF CONTRACT – UNLAWFUL DEDUCTION FROM WAGES The EAT held that Article 7 of the Working Time Directive is to be interpreted such that payments for overtime which the employees in two appeals before it were required to work, though which their employer was not … Continue reading Bear Scotland Limited v Fulton, and similar: EAT 4 Nov 2014
Scots Bills were Outwith Parliament’s Competence The AG questioned the constitutionaliity of Bills designed to give effect to two treaties to which the UK is a signatory, and passed by the Scottish Parliament as to the care of children. Held: The laws had effect also outside Scotland purporting to pre-empt the power of the UK … Continue reading References (Bills) By The Attorney General and The Advocate General for Scotland – United Nations Convention On The Rights of The Child and European Charter of Local Self-Government: SC 6 Oct 2021
In each of three cases, the plaintiffs had suffered serious injury. They complained that the court had made a substantial reduction of their damages award for loss of future earnings and the costs of future care. Held: The appeals succeeded. The purpose of an award of damages in tort was to make good to the … Continue reading Wells v Wells; Thomas v Brighton Health Authority; etc: HL 16 Jul 1998
A predecessor bank had created a trust into which it paid a small proportion of its profits. The parties now disputed the calculation of profits when the Bank declared a loss which allowed for an unrealised gain on the acquisition of HBOS. Accounting standards had changed on the introduction of the EC Regulations, which now … Continue reading Lloyds TSB Foundation for Scotland v Lloyds Banking Group Plc: SC 23 Jan 2013
The court was asked whether the duty under article 5 to provide prisoners with a real opportunity for rehabilitation applied to prisoners serving extended sentences. The prisoner was subject to an extended sentence, but had been released on licence and, after a breach, recalled. Having served the full original sentence, he now complained that the … Continue reading Brown v The Parole Board for Scotland, The Scottish Ministers and Another: SC 1 Nov 2017
The defendant solicitors had each acted for banks in completing charges over property. They had given the standard agreed form of undertaking to secure a good and marketable title, and the banks now alleged that they were in breach because undisclosed covenants variously restricted future development of the land. Held: The standard solicitor’s undertaking to … Continue reading Barclays Bank Plc v Weeks Legg and Dean (a Firm); Barclays Bank Plc v Lougher and Others; Barclays Bank Plc v Hopkin John and Co: CA 21 May 1998
coote_granadaECJ1998 The employer had refused to provide a reference after the claimant had left the company after making a sex discrimination claim. She said this was victimisation. Held: The state has a duty to protect workers against retaliation after employment has been terminated by employers against who claim for sex discrimination had been successful. Victimisation … Continue reading Coote v Granada Hospitality Ltd: ECJ 22 Sep 1998
The appellant owned farmland tenanted by a limited partnership. One partner gave notice and the remaining partners indicated a claim for a new tenancy. He was prevented from recovering possession by section 72 of the 2003 Act. Though his claim had . .
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In adoption proceedings, ML refused her consent to the proposed adoption. She argued that the provision in the 1997 Act (allowing a court to dispense with her consent) was beynd the competence of the Scottish Parliament, and infringed her right to family life. Judges: Lord President, Lady Paton, Lord Kingarth Citations: [2011] ScotCS CSIH – … Continue reading ANS and Another v ML: SCS 21 Jun 2011
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
(Opinion) The petitioner sought review of the 2010 Act, saying that its provisions related to matters reserved to the UK parliament by the 1998 Act, and were therefore outwith the powers granted to the Scottish Parliament. Held: The petition for judicial review was rejected. None of the appellants’ challenges to the legislative competence of the … Continue reading Imperial Tobacco Ltd, Re Judicial Review: SCS 30 Sep 2010
