Judges: Lord Drummond Young Citations: [2013] ScotCS CSOH – 25 Links: Bailii Statutes: Administration of Justice Act 1972, Debtors (Scotland) Act 1987, Bankruptcy and Diligence etc (Scotland) Act 2007 Scotland, Insolvency Updated: 14 November 2022; Ref: scu.470958
(Extra Division, Inner House) Judges: Lady Smith Citations: [2013] ScotCS CSIH – 99, 2014 SLT 71, 2013 GWD 40-759 Links: Bailii Jurisdiction: Scotland Litigation Practice, Contract Updated: 25 July 2022; Ref: scu.518513
Citations: [2019] ScotCS CSOH – 15 Links: Bailii Jurisdiction: Scotland Litigation Practice Updated: 30 May 2022; Ref: scu.634484
[2014] ScotCS CSOH – 33 Bailii Scotland Updated: 30 November 2021; Ref: scu.521614
Judges: Lord Macfadyen Citations: [2003] ScotCS 357 Links: ScotC, Bailii Statutes: Administration of Justice (Scotland) Act 1972 Scotland Updated: 04 July 2022; Ref: scu.231592
ECJ According to article 177 of the Treaty it is for the national court and not the parties to the main action to bring a matter before the court of justice. Since the power to formulate the questions to be referred is vested in the national court alone the parties cannot alter the wording of … Continue reading Fratelli Grassi Fu Davide v Italian Finance Administration. (Questions Referred To The Court For A Preliminary Ruling): ECJ 15 Jun 1972
The prosecutor on a charge of driving with excess alcohol had failed to adduce evidence as to the calibration of the intoximeter. The magistrates allowed him to re-open his case. The defendant appealed. Held: The appeal was dismissed: ‘If the failure to adduce that evidence on the part of the prosecution is simply an oversight … Continue reading Antonio Leeson v Haringey Justices and Director of Public Prosecutions: Admn 26 Jul 1999
The House dismissed the Council’s appeal as incompetent. An opinion of the court upon questions of law given on consideration of a case stated under provisions such as those in section 3 of the 1972 Act did not constitute a ‘judgment’ within the meaning of section 40(1) of the 1988 Act. Citations: 1991 SC (HL) … Continue reading John G McGregor (Contractors) Ltd v Grampian Regional Council: HL 1991
The House considered a claim for public interest immunity. Held: Lord Simon of Glaisdale said: ‘the public interest which demands that the evidence be withheld has to be weighed against the public interest in the administration of justice that courts should have the fullest possible access to all relevant material . . but once the … Continue reading Regina v Lewes Justices ex parte Secretary of State for the Home Department; Rogers v Home Secretary: HL 1972
Professional privilege as to the identity of a client lost when the client profits from a fraud. Citations: Times 13-Feb-1996 Statutes: Administration of Justice (Scotland) Act 1972 Legal Professions Updated: 15 May 2022; Ref: scu.79456
Salmon LJ said: ‘The inherent power of the judges of the High Court to commit for contempt of court has existed from time immemorial . . The power exists to ensure justice shall be done. And solely to this end, it prohibits acts and words tending to obstruct the administration of justice. The public at … Continue reading Jennison v Baker: CA 1972
Injunctions had been granted against the Trades Unions to prevent them undertaking stike action. Proceedings for contempt were brought against the union after blacking had continued, despite the fact that the union through its national and local officers had advised its shop stewards to obey the court order, which advice had been rejected. The House … Continue reading Heaton’s Transport (St Helen’s) Ltd v Transport and General Workers’ Union: HL 1972
Exemplary Damages Award in Defamation The plaintiff had been awarded damages for defamation. The defendants pleaded justification. Before the trial the plaintiff gave notice that he wanted additional, exemplary, damages. The trial judge said that such a claim had to have been pleaded. The Court of Appeal had considered Rookes -v- Barnard to have been … Continue reading Cassell and Co Ltd v Broome and Another: HL 23 Feb 1972
The appellant, a part time recorder challenged his exclusion from pension arrangements. Held: The appeal was allowed. No objective justification has been shown for departing from the basic principle of remunerating part-timers pro rata temporis. ‘The reality is that recorders are expected to observe the terms and conditions of their appointment, and that they may … Continue reading O’Brien v Ministry of Justice: SC 6 Feb 2013
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Citations: [2015] ScotCS CSIH – 42 Links: Bailii Statutes: Administration of Justice (Scotland) Act 1972 Jurisdiction: Scotland Company Updated: 30 November 2022; Ref: scu.547644
The defendant was convicted of murder. Evidence during the trial suggested a possibility of manslaughter, but neither the defence nor prosecution proposed the alternate verdict. The defendant now appealed saying that the judge had an independent duty to leave that option to the jury. Held: The appeal succeeded. The judge should have left a manslaughter … Continue reading Regina v Coutts: HL 19 Jul 2006
When commencing proceedings under the Act, the papers were defective. The secretary of state had failed to give appropriate notice, and thus prevented him from making representations as to the allegations. The allegations involved the manipulation of cheques to create artificial balances. Held: In this case the Secretary of State’s papers contained irrelevant matters and … Continue reading The Secretary of State for Trade and Industry v Swan and Othes: ChD 22 Jul 2003
The court was asked whether Lister and Co v Stubbs 45 ChD 1, a decision of the Court of Appeal, was binding on him or whether he could apply the Privy Council’s decision in Attorney General for Hong Kong v Reid Held: On the facts of the case the judge was able to distinguish Lister … Continue reading Daraydan Holdings Limited, Cairn Estates Limited and Others v Solland International Limited and Others: ChD 26 Mar 2004
Solicitors sought to challenge an order disallowing a costs item for the administration of an estate which included a percentage of the estate. Held: Despite advances in time recording, ‘we see no reason to say that it is no longer appropriate for solicitors to make a separate charge based on value, provided always that one … Continue reading Jemma Trust Company Ltd v Liptrott, Forrester, Kippax Beaumont Lewis: CA 24 Oct 2003
The claimant applied for a review of a decision by the respondent council not to sell it land. Held: The challenge failed. The councillors had acted in accordance with advice given to them by officers, and ‘the committee was concerned only to consider what was in the interest of the Council. And in reaching its … Continue reading Island Farm Development Ltd, Regina (on the Application of) v Bridgend County Borough Council: Admn 25 Aug 2006
The appellant had been sentenced to life for firearms offences. After a successfully appeal, a retrial was ordered. More than two years had passed, after a previous attempt failed for absent witnesses. Held: Referred to the US decision in Barker and Wingo (1972) 407 US 514, invoking the sixth amendment – ‘In all criminal prosecutions, … Continue reading Bell v Director of Public Prosecutions of Jamaica: PC 1985
The petitioner appealed a refusal of his claim for compensation. He was a serving police officer injured whilst arresting an offender. He had retired on medical grounds and received pensions, which the Board found deductible from any award reducing his claim below the minimum. The relative scheme sought to award damages on a basis comparable … Continue reading Cantwell v Criminal Injuries Compensation Board: IHCS 9 Feb 2000
Judges: Lord Justice Clerk Citations: [1999] ScotCS 84 Links: Bailii Statutes: Administration of Justice (Scotland) Act 1972 3(1) Jurisdiction: Scotland Construction Updated: 22 May 2022; Ref: scu.169641
Mutual Knowledge admissible to construe contract The parties had entered into a development contract in respect of a site in Wandsworth, under which balancing compensation was to be paid. They disagreed as to its calculation. Persimmon sought rectification to reflect the negotiations. Held: The appeal succeeded. There were difficulties in construing the contract. The contract … Continue reading Chartbrook Ltd v Persimmon Homes Ltd and Others: HL 1 Jul 2009
The parties entered into a contract for the demolition and building of offices. They sought to refer differences to arbitration. The issue as to whether the long or short prescription period operated so as to time bar some parts of the claim. Held: Time began to run only from the time of the issue of … Continue reading Scottish Equitable Plc v Miller Construction Ltd: IHCS 31 Aug 2001
The claimants challenged the 2004 Order which prevented their return to their homes on the Chagos Islands. The islanders had been taken off the island to leave it for use as a US airbase. In 2004, the island was no longer needed, and payment had been made (ineffectively) to assist the dispossessed islanders, but an … Continue reading Bancoult, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 2): HL 22 Oct 2008
[2015] ScotCS CSOH – 18 Bailii Administration of Justice (Scotland) Act 1972 1(2)(b) Scotland Litigation Practice Updated: 03 January 2022; Ref: scu.543664
The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic missile programmes. The bank sought to have the direction given under section 7 of the 2008 Act. … Continue reading Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013
A possession warrant, properly issued and executed in ignorance of a payment into court by the tenant was not an abuse of process. The tenant had paid funds into court in the mistaken belief that this would be effective to set aside the warrant. She was assisted in this misapprehension neither by the Court nor … Continue reading Jephson Homes Housing Association v Moisejevs and Another: CA 1 Nov 2000
The parties had arbitrated their dispute in London under a bilateral investment treaty between the US and Ecuador. The republic sought to appeal the arbitration. The applicant now appealed an order that the English High Court had jurisdiction to hear the appeal. Held: The appeal was dismissed. The treaty was intended to encourage bilateral trading … Continue reading Occidental Exploration and Production Company vRepublic of Ecuador: CA 9 Sep 2005
(Antigua and Barbuda) The appellant had been convicted of murder, with his defence of self-defence rejected by the jury. His defence was self-defence. No defence of provocation was advanced at trial and the trial judge gave no direction to the jury on provocation. It was accepted that there was some evidence of provocation, but this … Continue reading Confessor Valdez Franco v The Queen: PC 14 Aug 2001
Domestic Offence requires Domestic Defence Each defendant sought to raise by way of defence of their otherwise criminal actions, the fact that they were attempting to prevent the commission by the government of the crime of waging an aggressive war in Iraq, and that their acts were accordingly justified in law. Held: The law on … Continue reading Regina v Jones (Margaret), Regina v Milling and others: HL 29 Mar 2006
The applicant contended that the 1991 Act infringed her human rights in denying her access to court to obtain maintenance for her children. Held: The applicant had no substantive right to take part in the enforcement process in domestic law which is capable in Convention law of engaging the guarantees in it. ‘Sympathetic though one … Continue reading Kehoe, Regina (on the Application of) v Secretary of State for Work and Pensions: HL 14 Jul 2005
The Solicitor General sought the committal of the respondent for alleged contempt of court. There had been repeated litigation between the respondent and her former husband as to whether the children should live in Spain with the father or in Wales with the mother. An order, with penal notice attached requiring the respondent to return … Continue reading Jones, Re (Alleged Contempt of Court): FD 21 Aug 2013
The court considered the test to be applied before a document could be ordered to be discovered. Held: (Majority) Discovery is an exception to the adversarial character of the legal process. It assists both the parties and the court to discover the truth. By so doing, it not only helps towards a just determination; it … Continue reading Air Canada v Secretary of State for Trade: HL 1983
A petition was brought to request that a judgment of the House be set aside because the wife of one their lordships, Lord Hoffmann, was as an unpaid director of a subsidiary of Amnesty International which had in turn been involved in a campaign against the applicant, and as a party. Held: The House is … Continue reading Regina v Bow Street Metropolitan Stipendiary Magistrate, ex parte Pinochet Ugarte (No 2): HL 15 Jan 1999
Necessity for Reference to ECJ Lord Denning said that the test for whether a question should be referred to the European Court of Justice is one of necessity, not desirability or convenience. There are cases where the point, if decided one way, would shorten the trial greatly. But if decided the other way, it would … Continue reading HP Bulmer Ltd and Another v J Bollinger Sa and others: CA 22 May 1974
It was alleged that the defendant had tampered with a sample of wheat to be used in an arbitration, and he was accused of perverting the course of justice. Held: Perverting the course of justice is a common law offence covering a wide variety of situations. The offence was committed when a person does an … Continue reading Regina v Vreones: 1891
The claimant pursued a civil claim for damages, alleging complicity of the respondent in his torture whilst in the custody of foreign powers. The respondent sought that certain materials be available to the court alone and not to the claimant or the public under a closed material procedure. It argued that whilst the need for … Continue reading Al Rawi and Others v The Security Service and Others: SC 13 Jul 2011
Each claimant had been captured and mistreated by the US government, and claimed the involvement in and responsibility for that mistreatment by the respondents. The court was asked whether a court in England and Wales, in the absence of statutory authority, could order a closed material procedure for part or all of the trial of … Continue reading Al Rawi and Others v The Security Service and Others: CA 4 May 2010
The company had obtained legal advice but had taken it from their accountants. The Revenue sought its disclosure, and the company said that as legal advice it was protected by legal professional privilege. Held: The material was not protected. The privilege given under the Act by virtue of the Morgan Grenfell decision was limited to … Continue reading Prudential Plc and Another, Regina (on the Application of) v Special Commissioner of Income Tax and Another: Admn 14 Oct 2009
Massey worked as Crown Life’s manager under 2 contracts, one a contract of employment, the other a contract of general agency. Tax and other contributions were deducted from wages paid under the former, while commission was paid under the agency contract. Under the agency contract Massey could work for other insurance brokers. Later, with Crown … Continue reading Massey v Crown Life Insurance Company: CA 4 Nov 1977
The claimants had been wrongly imprisoned for a murder they did not commit. The assessor had deducted from their compensation a sum to represent the living costs they would have incurred if living freely. They also appealed differences from a prisoner also wrongly accused of the same crime, in the percentage deduction made for their … Continue reading O’Brien and others v Independent Assessor: HL 14 Mar 2007
Crown Privilege for Documents held by the Polie The plaintiff probationary police constable had been investigated, prosecuted and cleared of an allegation of theft. He now claimed damages for malicious prosecution, and in the course of the action, sought disclosure of five documents, but these were withheld on the ground of Crown privilege. The House … Continue reading Conway v Rimmer: HL 28 Feb 1968
Need for Advocate’s Immunity from Negligence The appellant had obtained the services of the respondent barrister to defend him on a dock brief, and alleged that the respondent had been negligent in the conduct of his defence. Held: The House considered the immunity from suit of barristers acting in court. An advocate should remain immune … Continue reading Rondel v Worsley: HL 1967
The plaintiff claimed damages for malicious prosecution. He called the Director of Public Prosecutions as a witness, who refused to identify the name of the person who had given him the information on which he had acted against the plaintiff.
The tenant had sought an order against the council landlord for failure to repair her dwelling. The defendant appealed refusal of leave to amend the pleadings in anticipation of the trial, now due to start on the following day.
Held: Leave was . .