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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

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

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

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

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

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

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

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

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

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

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 . .

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 . .

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 . .

Acts

1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts

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