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
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
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
EAT Unfair Dismissal – Reason for dismissal including substantial other reason. Judges: His Honour Judge Peter Clark Citations: [1999] UKEAT 596 – 97 – 1607, EAT/596/97 Links: Bailii, EAT Jurisdiction: England and Wales Citing: Cited – Age Concern Scotland v Hines EAT 1983 An employee in a unique position within a company could not have … Continue reading Dormers Wells Infant School v Gill: EAT 16 Jul 1999
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
Solicitors were instructed by the bank to obtain the signature of a client and of his wife to a motgage. The deed was signed by the husband and a woman pretending to be the wife. Held: The court said that it was asked whether the bank intended to ask for, and whether the solicitors intended … Continue reading Midland Bank Plc v Cox McQueen (A Firm): CA 26 Jan 1999
The section at issue imposed a duty upon a tribunal to which the Act applies or any minister who makes a decision after the holding of a statutory inquiry to give reasons for their decision, if requested. A record of the reasons for a decision must meet the requirement that reasons must be adequate to … Continue reading Re Poyser and Mills’ Arbitration: 1963
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
On 6 August 2013, Mr Willson asked the Scottish Public Services Ombudsman (the SPSO) to provide the information it had used to reach certain conclusions in relation to a complaint it had investigated, and for correspondence with the Minister for Transport. The SPSO withheld all information under section 26(a) of FOISA, and upheld this decision … Continue reading David Willson and Scottish Public Services Ombudsman: SIC 26 Nov 2013
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
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
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
The appellant had been charged with and disciplined for a prison offence. He was refused legal assistance at his hearing, and it was accepted that the proceedings involved the determination of a criminal charge within the meaning of article 6 of the Convention, that the deputy controller was not an independent tribunal and that the … Continue reading Greenfield, Regina (on the Application of) v Secretary of State for the Home Department: HL 16 Feb 2005
SIC Paul Hutcheon, a journalist with The Sunday Herald, asked the Scottish Parliamentary Corporate Body (the SPCB) for a copy of David McLetchie MSP’s travel claims supporting mileage, air travel, car hire and taxis since 1999. Copies of the travel claims were provided to Mr Hutcheon, but information, including the taxi destinations, was redacted. Mr … Continue reading Hutcheon, The Sunday Herald and Scottish Parliamentary Corporate Body: SIC 6 Oct 2005
The pursuers contracted to remove coal by opencast mining from the defender’s land. They said the contract assumed the removal first of substantial peat depositys from the surface by a third party. They had to do that themselves at substantial cost. They said the defenders should have issued a variation to allow them to claim … Continue reading AMEC Mining v Scottish Coal Company: SCS 6 Aug 2003
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
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
Prisoner’s death – need for full public enquiry The deceased had been a young Asian prisoner. He was placed in a cell overnight with a prisoner known to be racist, extremely violent and mentally unstable. He was killed. The family sought an inquiry into the death. Held: There had been a police investigation and trial … Continue reading Amin, Regina (on the Application of) v Secretary of State for the Home Department: HL 16 Oct 2003
The plaintiff was a manager within the social services department. He suffered a mental breakdown in 1986, and had four months off work. His employers had refused to provide the increased support he requested. He had returned to work, but again, did not receive the staff or guidance to allow him to do the work … Continue reading Walker v Northumberland County Council: QBD 16 Nov 1994
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
The Lord Advocate had conceded that devolution minutes were competent in proceedings under the 2003 Act. Judges: Lord Justice Clerk And Lord Macfadyen And Lord Nimmo Smith Citations: [2006] ScotHC HCJA – 81, 2008 JC 23 Links: Bailii Statutes: Extradition Act 2003 Jurisdiction: Scotland Citing: See Also – La Torre v Her Majesty’s Advocate HCJ … Continue reading La Torre v The Lord Advocate and Another: HCJ 8 Nov 2006
Eat The claimant came from Aberdeen. He had been employed by Ben Line Steamers and his employment was transferred, ultimately, to the respondents, a company registered in Singapore. The respondents were a subsidiary of a Swedish company. From a date in 1998 until his dismissal, the claimant worked as a storeman on a rig situated … Continue reading Anderson v Stena Drilling Pte Ltd: EAT 17 Aug 2006
The claimant was injured working for the defendants on a semi-submersible platform. He fell from a ladder which was not secured properly. He alleged a breach of the Regulations. The defendant denied any breach and asserted that the claimant had contributed to the accident by his negligence. Held: The employee’s appeal succeeded. The aim in … Continue reading Robb v Salamis (M and I) Ltd: HL 13 Dec 2006
The Agency rejected a request to provide statistics on certain children, saying that the numbers were so small that individuals might be identified. Held: Since the whole purpose of 2002 Act is the release of information, it should be construed in as liberal a manner as possible. The table setting out the census ward data, … Continue reading Common Services Agency v Scottish Information Commissioner: IHCS 1 Dec 2006
Judges: Lord Kingarth And Lord Mcewan And Lord Nimmo Smith Citations: [2006] ScotHC HCJAC – 55, 2007 SLT 14, 2008 JC 1, 2006 SCCR 463, 2006 GWD 33-690, [2006] HCJAC 55, [2007] Eu LR 42 Links: ScotC, Bailii Statutes: Extradition Act 2003 26(1) Jurisdiction: Scotland Citing: Appeal from – Goatley, Re European Arrest Warrant ScSf … Continue reading Goatley v Her Majesty’s Advocate and Another: HCJ 12 Jul 2006
(High Court of Justiciary Scotland) Citations: [2006] UKPC D2, 2006 SLT 478, 2006 SC (PC) 22, 2006 SCCR 151, [2006] HRLR 16, 20 BHRC 179 Links: Bailii Statutes: Scotland Act 1998 Jurisdiction: Scotland Cited by: Cited – McInnes v Her Majesty’s Advocate SC 10-Feb-2010 The defendant complained that the prosecution had not disclosed the fact … Continue reading Ruddy and others v Procurator Fiscal, Perth and Another; Robertson v Higson: PC 6 Feb 2006
The applicant challenged the exercise of a power of sale under a mortgage, saying that the mortgagee’s purposes included purposes not those under the mortgage. The parties had been involved in an attempted development of a penthouse. Held: The power was validly exercised. Provided the recovery of the sums for which the security was given … Continue reading Meretz Investments Nv and Another v ACP Ltd and others: ChD 30 Jan 2006
Prisoners were disciplined after refusing to be squat searched, saying that the procedure was humiliating and that there were no reasonable grounds to suspect them of any offence against prison discipline. The officer who had been involved in ordering the search was the one later who decided on their complaint that it was unlawful. Held: … Continue reading Al-Hasan, Regina (on the Application of) v Secretary of State for the Home Department: HL 16 Feb 2005
The pursuers claimed for breach of copyright and of a software licence. The defendants disputed the title or right of the pursuers to claim. Held: The assignation of the rights in the software carried with it the rights to enforce intellectual property rights and rights in licences previously granted. Judges: Lord Kingarth Citations: [2005] ScotCS … Continue reading Profile Software Ltd v Becogent Ltd: OHCS 16 Feb 2005
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
EAT Practice and Procedure – Application. The application had been presented timeously at the ET in Edinburgh, but was out of time when retransmitted to Glasgow. The tribunal had found the Edinburgh office to be an area office, and not a regional office and therefore the application was not accepted within the Regulations. The appellant … Continue reading Matheson v Mazars Solutions Ltd: EAT 16 Dec 2003
The claimant was a mental patient under compulsory detention, and complained that he had been subjected to periods of seclusion. Held: The appeal succeeded. The hospital had failed to follow the appropriate Code of Practice. The Code was not obligatory, but following it would generally ensure that a patient’s rights were not infringed. It recognised … Continue reading Munjaz v Mersey Care National Health Service Trust And the Secretary of State for Health, the National Association for Mental Health (Mind) Respondent interested;: CA 16 Jul 2003
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 and his passengers were injured when he drove off a bridge which had been damaged in a severe rainstorm. He claimed in negligence against the police, who had been informed of the collapse of the bridge, but had not erected any warning signs. As a result, a car fell into the river, killing … Continue reading Gibson v Orr, the Chief Constable, Strathlclyde Police: SCS 26 Feb 1999
The Scottish Parliament and its members have a limited statutory immunity from suit. No interdict or other order could be made against a member of the Parliament if the effect would be to grant an order against the Parliament not otherwise available. There is a remedy against a member in respect of wrongs which only … Continue reading Whaley v Lord Watson: SCS 16 Feb 2000
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 Privy Council has no standing to act as a general court of appeal on Scottish law. The jurisdiction given to it by the Act, was limited as prescribed by the Act to what are called devolution issues, issues related to the acts of devolution. Not all constitutional issues were indeed devolution issues.Save for devolution … Continue reading Hoekstra and Others v Her Majesty’s Advocate High Court of Justiciary: PC 26 Oct 2000
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) 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
The Court was asked whether a district judge qualifies as a ‘worker’ for the purpose of the protection given to whistle-blowers under Part IVA of the 1996 Act, and if not then was the absence of protection an infringement of her human rights. Held: As an office holder, she was neither employee nor worker, and … Continue reading Gilham v Ministry of Justice: SC 16 Oct 2019
(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
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
The taxpayer company was the parent company of a group of subsidiaries, one of which traded as the manufacturer and retailer of shoes. The others either manufactured or sold shoes. The company built a warehouse which was let to a warehousing subsidiary (Jacksons Limited). Parts of the warehouse were used to store shoes from the … Continue reading Saxone Lilley and Skinner (Holdings) Ltd v Commissioner of Inland Revenue: HL 1967
Appeals on the ground of perversity will only succeed where it is shown that no reasonable Tribunal, properly directed in law, could have reached the decision made. The court set out the duties and powers of appellate courts in employment law: ‘It is common ground that the appeal from the industrial tribunal to the Employment … Continue reading Melon v Hector Powe Ltd: HL 6 Nov 1980
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
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
The Liechtenstein constitutional court had held that the unequal pension treatment afforded to married and unmarried couples was unconstitutional. The constitutional court did not set aside the existing legislation, given the practical difficulties involved and given also that a comprehensive legal reform guaranteeing gender equality in social security law was in course of preparation. New … Continue reading Walden v Liechtenstein: ECHR 16 Mar 2000
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 defendants had left a manhole uncovered and protected only by a tent and paraffin lamp. A child climbed down the hole. When he came out he kicked over one of the lamps. It fell into the hole and caused an explosion. The child was burned. The Court of Session held that there was no … Continue reading Hughes v Lord Advocate: HL 21 Feb 1963
