East Dunbartonshire Council v the Secretary of State for Scotland and Mactaggart and Mickel Limited: SCS 3 Nov 1998
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Search Results for: Scotland Act 1998
Jacobs v Official Receiver; In re Jacobs (a bankrupt): ChD 3 Apr 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
Gibson v McAndrew Wormald and Co Ltd: 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
Dingley v The Chief Constable, Strathclyde Police: 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
Stewart v Secretary of State for Scotland: IHCS 1996
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
Major (Inspector of Taxes) v Brodie and Another: ChD 18 Mar 1998
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
Silven Properties Limited, Chart Enterprises Incorporated v Royal Bank of Scotland Plc, Vooght, Harris: CA 21 Oct 2003
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
Short’s Trustee v Chung (No 2): OHCS 18 May 1998
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
Lithgow Factoring Limited Trading As Inver Salmon v Nordvik Salmon Farms Limited: SCS 2 Apr 1998
Judges: Lord Hamilton Links: ScotC Jurisdiction: Scotland Scotland Updated: 05 May 2022; Ref: scu.170466
Turner v Royal Bank of Scotland plc: CA 6 May 1999
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
MacFarlane v Falfield Investments Ltd: SCS 1998
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
Nicol v Scottish Power plc: 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
King v Eaton Ltd (No 2): IHCS 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
Kartinyeri v Commonwealth of Australia: 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
Wood Group Heavy Industrial Turbines Ltd v Crossham: EAT 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
Leonard v Strathclyde Buses Ltd: 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
Iomega Corporation v Myrica (UK) Ltd: IHCS 28 May 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
Royal Bank of Scotland Plc v Sandstone Properties Ltd and Others: QBD 12 Mar 1998
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
Kennedy v The National Trust for Scotland: QBD 17 Jan 2018
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
Percy v Church of Scotland Board of National Mission: HL 15 Dec 2005
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
Trump International Golf Club Scotland Ltd and Another v The Scottish Ministers (Scotland): SC 16 Dec 2015
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
Wisely v John Fulton (Plumbers) Ltd: IHCS 2 Dec 1998
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
Swan v Secretary of State for Scotland: IHCS 4 Jun 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
Reid v Ramlort Ltd: IHCS 14 Oct 1998
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
Quantum Claims Compensation Specialists Ltd v Powell: OHCS 26 Feb 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
Landcatch Ltd v The Braer Corporation and Others: OHCS 6 Mar 1998
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
Sumsion v BBC (Scotland): EAT 21 Mar 2007
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
Royal Bank of Scotland v Etridge (No 2); Barclays Bank plc v Harris; Midland Bank plc v Wallace, etc: HL 11 Oct 2001
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
Regina v Manchester Stipendiary Magistrate, ex parte Granada Television Limited: Admn 16 Oct 1998
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
Howarth and Chief Constable of The Police Service of Scotland: SIC 29 Apr 2015
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
Irving v Hiddleston: OHCS 1998
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
Grant v South West Trains Ltd: ECJ 17 Feb 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
Bear Scotland Limited v Fulton, and similar: EAT 4 Nov 2014
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
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
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
McGuffick v The Royal Bank of Scotland Plc: ComC 6 Oct 2009
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
Wells v Wells; Thomas v Brighton Health Authority; etc: HL 16 Jul 1998
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
Lloyds TSB Foundation for Scotland v Lloyds Banking Group Plc: SC 23 Jan 2013
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
Brown v The Parole Board for Scotland, The Scottish Ministers and Another: SC 1 Nov 2017
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
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
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 v Granada Hospitality Ltd: ECJ 22 Sep 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
Salvesen v Riddell and Another; The Lord Advocate intervening (Scotland): SC 24 Apr 2013
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 . .
Cast v Croydon College: CA 19 Mar 1998
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 . .
Watt v Fairfield Shipbuilding and Engineering Company Limited and Upper Clyde Shipbuilders Ltd and Energy and Marine (Weirside) Limited: SCS 3 Nov 1998
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 . .
Silven Properties Ltd and Another v Royal Bank of Scotland Plc and Others: CA 21 Oct 2003
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 . .
Governor and Company of Bank of Scotland v Bennett and Another: CA 21 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 . .
Yorkshire Bank Plc v Hall and Others: CA 18 Dec 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 . .
Richardson v Quercus Limited: IHCS 24 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 . .
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
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 . .
Zwebner v Mortgage Corporation Plc; Trustee of Property of Zwebner and Brooks and Co: CA 18 Jun 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. . .
General Assembly of Free Church of Scotland v Overtoun: HL 1904
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 . .
Varsani and others v Jesani, Patel and Her Majesty’s Attorney-General: CA 3 Apr 1998
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 . .
Turner v Royal Bank of Scotland Plc: CA 24 Mar 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 . .
Soleimany v Soleimany: CA 4 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 . .
City of Edinburgh Council v Secretary of State for Scotland and Another; Same v Same (Conjoined Appeals): HL 31 Oct 1997
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 . .
Salmon and Moore v Her Majesty’s Advocate: HCJ 13 Nov 1998
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 . .
Hammond and Brown and King v Bristow Helicopters Limited: SCS 13 Nov 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. . .
Ward v Scotrail Railways Limited: SCS 27 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 . .
Platform Funding Ltd v Bank of Scotland Plc (Formerly Halifax Plc): CA 31 Jul 2008
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 . .
McCann v The State Hospitals Board for Scotland: SC 11 Apr 2017
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 . .
Lightning v Lightning Electrical Contractors Ltd: CA 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 . .
Gray v The Criminal Injuries Compensation Board: OHCS 28 Oct 1998
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Turner v Royal Bank of Scotland Plc: CA 23 Jan 2001
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 . .
Governor and Company of Bank of Scotland v Bennett and Another: ChD 1997
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 . .
MacDonald v Advocate General for Scotland (Scotland); Pearce v Governing Body of Mayfield School: HL 19 Jun 2003
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 . .
Spence v Wilson and Others (No 2): OHCS 18 May 1998
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. . .
Regina v HM Advocate and The Advocate General for Scotland: PC 28 Nov 2002
(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: . .
Montgomery v Cumming: HCJ 17 Dec 1998
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Wisely v John Fulton Plumbers Ltd (Scotland) and Wadey v Surrey County Council: HL 6 Apr 2000
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 . .
Axis West Developments Ltd v Chartwell Land Investments Ltd: HL 15 Dec 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 . .
Governor and Company of the Bank of Scotland v Brunswick Development (1987) Ltd and Another: HL 24 Mar 1999
(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. . .
Stewart v Secretary of State for Scotland (Scotland): HL 22 Jan 1998
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 . .
Strathclyde Regional Council and others v Wallace and others (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: . .
Weathersfield Ltd (T/a Van and Truck Rentals) v Sargent: CA 10 Dec 1998
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 . .
Chapman v London Borough of Barking and Dagenham: CA 13 Jul 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 . .
Hussain and Another v Lancaster City Council: CA 14 May 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 . .
Regina v Ashford Borough Council ex parte Shepway District Council: Admn 7 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. . .
Clydesdale Bank plc v Davidson and Others (Scotland) Clydesdale Bank plc v Davidson and Others: HL 16 Oct 1997
(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: . .
British Telecommunications plc v James Thomson and Sons (Engineers) Ltd: HL 29 Oct 1998
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. . .
Hutchison Reid v Secretary Of State For Scotland and Another: HL 5 Feb 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 . .
Krol v Craig: HL 29 Oct 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 . .
Morse v Wiltshire County Council: EAT 1 May 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 . .
K (A Patient) v Craig: HL 3 Dec 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. . .
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 expenses incurred’ this included the breakage cost of the bank in setting up interest-rate swap arrangements to protect itself against swings in costs. . .
McGlennan v McKinnon: 1998
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Acts
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HM Advocate v Scottish Media Newspapers Ltd: 2000
Lord Rodger of Earlsferry discussed the fetters place upon the Lord Advocate by the 1998 Act, saying that he simply has no power to move the court to grant any remedy which would be incompatible with the European Convention on Human Rights. Judges: Lord Rodger of Earlsferry Citations: 2000 SLT 331 Statutes: Scotland Act 1998 … Continue reading HM Advocate v Scottish Media Newspapers Ltd: 2000
The Christian Institute and Others v The Lord Advocate: SC 28 Jul 2016
(Scotland) By the 2014 Act, the Scottish Parliament had provided that each child should have a named person to monitor that child’s needs, with information about him or her shared as necessary. The Institute objected that the imposed obligation to share information was outwith the powers of the Parliament. It extended the information to be … Continue reading The Christian Institute and Others v The Lord Advocate: SC 28 Jul 2016
AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011
Standing to Claim under A1P1 ECHR The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable harm for the purposes of an action of damages for personal injury. Held: The insurers’ appeals failed. … Continue reading AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011
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 would not previousl or otherwise have amounted to personal injury. Pleural plaques are physical changes in the pleura, detectable radiologically as … Continue reading AXA General Insurance Ltd and Others v Lord Advocate and Others: SCS 8 Jan 2010
Reclaiming Motion In Petition of Scott Davidson for Judicial Review of A Decision To Continue To Detain the Prisoner In Inhuman and Degrading Prison C: SCS 18 Dec 2001
A prisoner sought an order for his removal from a prison found to have a regime which breached his human rights. The Crown replied that an order could not be made under s21 of the 1947 Act. Held: The prisoner had followed through his rights to petition the governor. Had he done so and failed, … Continue reading Reclaiming Motion In Petition of Scott Davidson for Judicial Review of A Decision To Continue To Detain the Prisoner In Inhuman and Degrading Prison C: SCS 18 Dec 2001
McDonald v Her Majesty’s Advocate: PC 16 Oct 2008
(The High Court of Justiciary Scotland) The defendant sought to appeal against his convictions for murder and and assault. The HCJ in Scotland had refused to receive a devolution minute. Held: The refusal was itself sufficient to give the Board of the Council jurisdiction to hear the appeal. That decision was one for the Board. … Continue reading McDonald v Her Majesty’s Advocate: PC 16 Oct 2008
O’Neill v Her Majesty’s Advocate No 2: SC 13 Jun 2013
The appellants had been convicted of murder, it being said that they had disposed of her body at sea. They now said that the delay between being first questioned and being charged infringed their rights to a trial within a reasonable time, and questioned whether they had has an impartial judge, he having also conducted … Continue reading O’Neill v Her Majesty’s Advocate No 2: SC 13 Jun 2013
Stott (Procurator Fiscal, Dunfermline) and Another v Brown: PC 5 Dec 2000
The system under which the registered keeper of a vehicle was obliged to identify herself as the driver, and such admission was to be used subsequently as evidence against her on a charge of driving with excess alcohol, was not a breach of her right to a fair trial. The right not to give evidence … Continue reading Stott (Procurator Fiscal, Dunfermline) and Another v Brown: PC 5 Dec 2000
Ruddy v Chief Constable, Strathclyde Police and Another: SC 28 Nov 2012
The pursuer said that he had been assaulted whilst in the custody of the responder’s officers. He began civil actions after his complaint was rejected. He repeated the allegation of the assault, and complained also as to the conduct of the investigation, saying that it had infringed his Artricle 3 human rights. The Sheriff rejected … Continue reading Ruddy v Chief Constable, Strathclyde Police and Another: SC 28 Nov 2012
Millar v Dickson: PC 24 Jul 2001
The Board was asked whether the appellants had waived their right to an independent and impartial tribunal under article 6 of the Convention by appearing before the temporary sheriffs without objecting to their hearing their cases on the ground that they did not meet this requirement. Held: A trial before a temporary Sheriff was not … Continue reading Millar v Dickson: PC 24 Jul 2001
Spiers v Ruddy: PC 12 Dec 2007
Limits to Powers in Devolution Cases Mr Spiers had complained as to the competency of two temporary sheriffs called to hear case against him, saying that the temporary nature of their appointments did not allow them to constitute an independent tribunal. He now complained that the subsequent delay in hearing his cases had prevented a … Continue reading Spiers v Ruddy: PC 12 Dec 2007
Kinloch v Her Majesty’s Advocate: SC 19 Dec 2012
The appellant said that the police officers had acted unlawfully when collecting the evidence used against him, in that the information used to support the request for permission to undertake clandestine surveillance had been insufficiently detailed, and that the police had acted in breach of his article 8 rights in obtaining evidence by surveillance since … Continue reading Kinloch v Her Majesty’s Advocate: SC 19 Dec 2012
Imperial Tobacco Ltd v The Lord Advocate As Representing The Scottish Ministers: SCS 2 Feb 2012
The company sought a reclaiming motion after dismissal of their request for judicial review of the 2010 Act of the Scottish Parliament. Held: The appeal against the Lord Ordinary’s interlocutor was refused.Lord Reed said that the nature of the Sewell Convention was essentially political, not legal: ‘The Scotland Act is not a constitution, but an … Continue reading Imperial Tobacco Ltd v The Lord Advocate As Representing The Scottish Ministers: SCS 2 Feb 2012
Martin v Her Majesty’s Advocate: SC 3 Mar 2010
The claimant challenged the law extending the power of Sheriffs sitting alone to impose sentences of up to one year. Held: The defendants’ appeal failed (Lord Rodger and Lord Kerr dissenting). The change was within the power of the Scottish Parliament and the challenge failed. The section set out to contribute to the reform of … Continue reading Martin v Her Majesty’s Advocate: SC 3 Mar 2010
Somerville v Scottish Ministers: HL 24 Oct 2007
The claimants complained of their segregation while in prison. Several preliminary questions were to be decided: whether damages might be payable for breach of a Convention Right; wheher the act of a prison governor was the act of the executive; whether time ran from the date of the first breach, whether want of proportionality is … Continue reading Somerville v Scottish Ministers: HL 24 Oct 2007
