(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
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
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
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