ScotSC 118 Bailii Jury Updated: 17 November 2021; Ref: scu.513855
 ScotSC 116 Bailii Jury Updated: 17 November 2021; Ref: scu.513857
 ScotSC 113 Bailii Jury Updated: 17 November 2021; Ref: scu.513856
Section 98A (2) and (3) Taxes Management Act 1970 – Employer’s End of Year return – inaccurate P35 resubmitted late – not a reasonable excuse . .
The company challenged the grant of planning permission for a competitor to open a new supermarket within 800 metres of its own, saying that the Council had failed to apply its own planning policies, which required preference of suitable sites not out of town. The parties disputed whether ‘suitable’ meant suitable to the needs for … Continue reading Tesco Stores Ltd v Dundee City Council: SC 21 Mar 2012
The House dismissed the Council’s appeal as incompetent. An opinion of the court upon questions of law given on consideration of a case stated under provisions such as those in section 3 of the 1972 Act did not constitute a ‘judgment’ within the meaning of section 40(1) of the 1988 Act. Citations: 1991 SC (HL) … Continue reading John G McGregor (Contractors) Ltd v Grampian Regional Council: HL 1991
The pursuer, a cigarette vending machine operator, challenged section 9 of the 2010 Act saying that the section was incompatible with its rights under article A1P1 of the Convention, and with article 34 of the Treaty on the Functioning of the European Union. Held: The claim failed. Citations:  CSIH 80 Statutes: European Convention on … Continue reading Sinclair Collis Ltd v Lord Advocate: SCS 2012
The court was asked as to the standing of the applicants to make their application. Lord President Hope said: ‘But in my opinion the fact that all three appellants were present at, and made representations at the public inquiry is sufficient for them to be persons ‘aggrieved’ . . they were entitled to expect that … Continue reading North East Fife District Council v Secretary of State for Scotland: 1992
Radiotherapy equipment contract Citations:  ScotIC 171 – 2012) Links: Bailii Jurisdiction: Scotland Information Updated: 04 May 2022; Ref: scu.466892
(Inner House) Information set out in a proposal form was incorrect and the declaration made by the insured was incorporated as the basis of the insurance. The insurer repudiated liability. Citations: 1996 SLT 1197 Cited by: Cited – Genesis Housing Association Ltd v Liberty Syndicate Management Ltd CA 4-Oct-2013 The housing association was to develop … Continue reading Unipac (Scotland) Ltd v Aegon Insurance Co (UK) Ltd: SCS 1996
The claimant’s daughter had committed suicide whilst on home leave from a hospital where she had stayed as a voluntary patient with depression. Her admission had followed a suicide attempt. The hospital admitted negligence but denied that it owed her a positive obligation to protect life under Article 2. Held: The claimants’ appeal succeeded. The … Continue reading Rabone and Another v Pennine Care NHS Foundation: SC 8 Feb 2012
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 parties were father and son, living at first in the US. On the son’s wife becoming seriously ill, the son returned to Scotland. The father advanced a substantal sum for the purchase of a property to live in, but the son put the properties in his own name. The father sought a conveyance of … Continue reading McGraddie v McGraddie and Another (Scotland): SC 31 Jul 2013
SIC Failure to respond to request and requirement for review – This decision considers whether Highland Health Board (NHS Highland) complied with the technical requirements of the Freedom of Information (Scotland) Act 2002 (FOISA) in responding to an information request made by Mr Sabato. Citations:  ScotIC 204 – 2012) Links: Bailii Jurisdiction: Scotland Information … Continue reading Sabato and Highland Health Board (204): SIC 12 Dec 2012
The complainant requested information relating to Ministerial engagements. The public authority refused this request, citing the exemptions provided by sections 36(2)(b)(i) and (ii) (inhibition to the free and frank provision of advice and to the free and frank exchange of views). The Commissioner finds that these exemptions are engaged in relation to some of the … Continue reading Scotland Office (Decision Notice): ICO 14 Feb 2012
Aircraft leasing finance arrangements Judges: Mr Justice Eder Citations:  EWHC 134 (Comm) Links: Bailii Jurisdiction: England and Wales Contract Updated: 23 March 2022; Ref: scu.451391
In each case the defendant sought to resist European Extradition Warrants saying that an order would be a disporportionate interference in their human right to family life. The Court asked whether its approach as set out in Norris, had to be amended in the light of the case of ZH. Held: HH and PH’s appeals … Continue reading HH v Deputy Prosecutor of The Italian Republic, Genoa: SC 20 Jun 2012
EAT RACE DISCRIMINATION – Direct discriminationDISABILITY DISCRIMINATION – DisabilityDISABILITY DISCRIMINATION – Reasonable AdjustmentsC, who is black, was employed by RBS. He raised a complaint against his manager (T). The manager to whom he complained (A) suggested, without any foundation in anything that C had said, that C was alleging a racial motivation on the part … Continue reading Royal Bank of Scotland Plc v Morris: EAT 12 Mar 2012
The complainant has requested confirmation of any conditions or controls attached to the Bank of England (BoE)’s purchasing of assets, with particular reference made to the Royal Bank of Scotland (RBS) and other financial institutions. The Commissioner’s decision is that the requested information, to the extent that it is held, relates to the ‘monetary policy’ … Continue reading Bank of England (Decision Notice): ICO 14 Mar 2012
Appeal against conviction (in 2003) after release of undisclosed material helpful to the defendant, including an eye witness decsription incompatible with the defendant. Held: The court considered the developing issues as to compatibility questions and devolution appeals. The case having already been cnsidered fully by the High Court o Justice inEdinburgh, the present courts jurusdiction … Continue reading Macklin v Her Majesty’s Advocate (Scotland): SC 16 Dec 2015
The appellant convicted of a racially-aggravated vicious murder. Since conviction he had spent almost five years in segregation from other prisoners. The appellant now alleged that some very substantial periods of segregation had been in breach of the prison rules and of his Human Rights. Time limits for authorisation had not been complied with. Held: … Continue reading Shahid v Scottish Ministers (Scotland): SC 14 Oct 2015
EAT Practice and Procedure – Case management – Amendment Appeal by the Claimant on two bases: (1) the limitation of the issues on his unfair dismissal complaint to preclude his contention that the real reason for his dismissal was not redundancy but was a reason connected with a wish to avoid paying him a bonus; … Continue reading Kuznetsov v The Royal Bank of Scotland: EAT 29 Jul 2015
The first appellant had been convicted of substantial frauds in Israel. He appealed against world wide asset freezing (PFO) and disclosure (DO) orders made against him. Neither the appellant, nor his offences were connected with the UK. A bank account within the UK had been disclosed. Held: The appeals succeeded (Judge and Clarke dissenting). The … Continue reading Perry and Others v Serious Organised Crime Agency: SC 25 Jul 2012
Sheriff Principal B A Lockhart  ScotSC 94 Bailii Mental Health (Care and Treatment) (Scotland) Act 2003 Scotland Health Updated: 23 December 2021; Ref: scu.466812
The complainant has requested information relating to any plans for securing the border between Scotland and England in the event of Scottish independence. The public authority has neither confirmed nor denied holding any information by virtue of the exemptions at sections 23(5), 24(2), 35(3) and 36(3) of the FOIA. The Information Commissioner has concluded that … Continue reading Home Office (Decision Notice): ICO 15 Nov 2012
The applicants said that if extradited to the USA to face charges related to terrorism, they would risk facing either imprisonment by Presidential decree, or full life terms. Held: Detention conditions and length of sentences of five alleged terrorists would not amount to ill-treatment if they were extradited to the USA. There would be no … Continue reading Babar Ahmad And Aswat v United Kingdom: ECHR 10 Apr 2012
ICO The complainant has requested from the Ministry of Justice the names and addresses of Respondents in Employment Tribunal cases for England, Wales and Scotland for a specified period in 2011. The Ministry of Justice refused to provide this citing section 32 (Court Records exemption) as its basis for doing so. The Commissioner’s decision is … Continue reading Ministry of Justice (Decision Notice) FS50427263: ICO 23 May 2012
Lord Clarke, Lord Hardie, Lord Bonomy 2013 SCLR 384,  ScotCS CSIH – 78, 2013 SC 212, 2012 GWD 34-693, 2013 SLT 22 Bailii Act of Sederunt (Proceedings for Determination of Devolution Issues) 1999, Housing (Scotland) Act 2001 Scotland Constitutional, Housing Updated: 04 December 2021; Ref: scu.464794
The appellant Iranian challenged refusal of his claim for asylum. He had been granted refugee status in Iraq and in Turkey by the United Nations commission, but on arrival in the UK, his asylum claim had been rejected on the basis of the credibility of his assertions. Held: The appeal failed. Those making such decisions … Continue reading IA (Iran) v The Secretary of State for The Home Department (Scotland): SC 29 Jan 2014
The defendants, awaiting trial on charges for supplying drugs, appealed against the refusal of bail. Held: It is competent before the sheriff, and by way of appeal by Bill of Suspension, to challenge the grant of a warrant for full committal, either on the basis that it is defective in form (there being three necessary … Continue reading Jie Lin and Sheng Lu and Qing Guang He and Xin Chen v Her Majesty’s Advocate: HCJ 30 Nov 2012
EAT UNFAIR DISMISSAL – Reasonableness of dismissalUnfair dismissal. Misconduct. Claimant found to have committed gross misconduct by admittedly having jammed fuel pump nozzle open when refuelling, knowing that he was ‘100% wrong’ to have done so. Appeal on bias and perversity grounds. Bias grounds departed from and assertions in Notice of Appeal that Tribunal had … Continue reading Slevin v Premier Foods Group (T/A Hovis): EAT 9 May 2012
The defendant landlord sought to appeal against an order that he pay to the respondent tenants a penalty under the 2004 Act of three times the tenancy deposit. The court was now asked whether there was has any right to have set aside a judgment reached on the merits, but in his absence. Held: Such … Continue reading Kenny and Others v Abubaker and Others: CA 23 Oct 2012
The applicant resisted his proposed deportation to Jordan to face charges of terrorism. He complained was that his retrial in Jordan would amount to a flagrant denial of justice because of a number of factors including a very real risk that incriminating statements against him had been obtained by torture. Held: His deportation to Jordan … Continue reading Omar Othman (Abu Qatada) v The United Kingdom: ECHR 17 Jan 2012
olenloaEAT2012 EAT DISABILITY DISCRIMINATION – Reasonable adjustmentsJURISDICTIONAL POINTSClaim in time and effective date of terminationExtension of time: just and equitableThe Employment Judge erred in deciding, without making necessary findings of fact, that the Respondent’s obligations to make reasonable adjustments for the Claimant, who was alleged to be a disabled person, came to an end when … Continue reading Olenloa v North West London Hospitals NHS Trust: EAT 29 Jun 2012
EAT PRACTICE AND PROCEDURE – CostsExpenses. Whether competent to award expenses where claims withdrawn but not dismissed. Whether circumstances were such as to demonstrate that the bringing and conducting of the claims was misconceived and/or unreasonable. On appeal, held that the Employment Tribunal had erred in both respects. It was competent to seek expenses where … Continue reading Turning Point Scotland v Perry and Another: EAT 18 Apr 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
The claimant had been injured in a swimming pool during a lesson. The lesson was conducted by outside independent contractors. The claimant appealed against a finding that his argument that they had a non-delegable duty of care was bound to fail. Held: The claimant’s appeal was dismissed (Laws LJ dissenting). Tominson LJ said: ‘I do … Continue reading Woodland v Essex County Council: CA 9 Mar 2012
Anonymised Party to Proceedings The BBC challenged an order made by the Court of Session in judicial review proceedings, permitting the applicant review to delete his name and address and substituting letters of the alphabet, in the exercise (or, as the BBC argues, purported exercise) of a common law power. The court also gave directions … Continue reading A v British Broadcasting Corporation (Scotland): SC 8 May 2014
The claimants, airline pilots, and the company disputed the application of the 1998 Regulations to their employment. They sought pay for their annual leave made up of three elements: a proportionate part of the fixed annual sum paid for their services, a supplementary payment which varied according to the time spent flying, and thirdly an … Continue reading British Airways Plc v Williams and Others: SC 17 Oct 2012
ECJ (Judgment) Reference for a preliminary ruling – Common organisation of the markets in agricultural products – Regulation (EU) No 1308/2013 – Free movement of goods – Article 34 TFEU – Quantitative restrictions – Measures having equivalent effect – Minimum price of alcoholic drinks calculated according to the alcoholic strength of the product – Justification … Continue reading Scotch Whisky Association And Others v Lord Advocate, Advocate General for Scotland: ECJ 23 Dec 2015
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
The respondent bus driver had claimed unfair dismissal following an accident. The Employment Tribunal struck out his case as having no reasonable prospect of success, but the case had been re-instated by the EAT. Held: the power given in the rules to strike out a case was draconian and to be used in exceptional cases … Continue reading Tayside Public Transportcompany Ltd (T/A Travel Dundee) v Reilly: SCS 30 May 2012
The claimants had bought a painting (Odalisque) through the defendant auctioneers. They now claimed that it had been misattributed to Kustodiev, and claimed in negligence and misrepresentation. Held: Based on the connoisseurship evidence, the painting was likely not to be by Kustodiev. The claimant was entitled under the contract to cancel the contract and recover … Continue reading Avrora Fine Arts Investment Ltd v Christie, Manson and Woods Ltd: ChD 27 Jul 2012
The appellant owned land. Another company owned the mineral rights in the land. There had been no working of the mineral rights since 1982, and the respondent council had registered the planning permission as dormant, meaning that if the land was to be worked again steps would first have to be taken to meet current … Continue reading G Hamilton (Tullochgribban Mains) Ltd v The Highland Council and Another: SC 11 Jul 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
The appellant, former chair of a road activist group, challenged certain roads orders saying that the respondent had not carried out the required environmental assessment. His claim was that the road had been adopted without the consultation required by the Strategic Environmental Assessment Directive (‘the SEA Directive’), and that that the scope of the public … Continue reading Walton v The Scottish Ministers: SC 17 Oct 2012
The newspaper applied for leave to access documents referred to but not released during the course of extradition proceedings in open court. Held: The application was to be allowed. Though extradition proceedings were not governed by the Civil Procedure Rules, wider principles still applied. The open justice principle is a constitutional principle to be found … Continue reading Guardian News and Media Ltd, Regina (on The Application of) v City of Westminster Magistrates’ Court: CA 3 Apr 2012
EAT Practice and Procedure : Striking-Out or Dismissal – Unless Order. Tribunal erred in failing to appreciate that their ‘Unless Order’ was a conditional judgment – it had no discretion to do other than confirm dismissal of the claim in the event of non-compliance by the Claimant. Further, in the circumstances, it was not open … Continue reading Scottish Ambulance Service v Laing: EAT 17 Oct 2012
EAT WORKING TIME REGULATIONS – WorkerNATIONAL MINIMUM WAGE ACT – WorkerThe issue was whether the Priest at a Sikh Temple was a ‘worker’ within section 54(3)(b) of the National Minimum Wage Act 1998. The appeal against the decision that he was not was allowed. It was held that the Tribunal erred in relation to the … Continue reading Singh v The Members of The Management Committe of The Bristol Sikh Temple and Others: EAT 14 Feb 2012
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
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
donnelly_nhsgg EAT Equal Pay Act : Damages or Compensation – Equal Pay. Jurisdiction. Statutory limitation.Claimants alleged that their previous NHS Trust employers breached their rights under the Equal Pay Act 1970. Trusts dissolved and their liabilities under or in connection with the Claimants’ contracts of employment transferred to the respondents by Staff Transfer Orders (under … Continue reading Donnelly v NHS Greater Glasgow and Clyde and Others: EAT 15 Aug 2012
rbs_nwossuagwuEAT2012 EAT Race Discrimination : Inferring Discrimination – The Employment Tribunal was entitled to conclude on the facts that the Claimant had not been unfairly dismissed; Claimant’s appeal dismissed.In relation to two claims for victimisation the Claimant claimed that she was subjected to less favourable treatment by reason of having done protected acts. The Employment … Continue reading Royal Bank of Scotland v NwosuagwuIbe: EAT 24 Feb 2012
The claimant had obtained an injunction to restrain publication of what was private information. The third defendant now applied to set aside the judgment, saying that their application for an adjournment had been wrongly refused. He said that he had been intimidated into not attending. Held: The defendant’s evidence was inconclusive and, though his delay … Continue reading WXY v Gewanter and Another: QBD 30 May 2012
The defendant had been convicted of drugs offences, and sentenced under the 1994 Act. The gains he had made exceeded his then assets. Later he acquired further property honestly, and the Court now considered whether those assets could be taken to cover the earlier shortfall, by allowing for them when issuing a certificate to increase … Continue reading Peacock, Re: SC 22 Feb 2012
The appellants wished to resist their extradition to the US to face criminal charges for drugs. As a married couple that said that the extraditions would interfere with their children’s rights to family life. Held: The appeals against extradition failed. The appeal was competent in that proper human rights issues arose. The allegations were of … Continue reading BH and Another v The Lord Advocate and Another: SC 20 Jun 2012
Under the 1998 and 2006 Acts, the Welsh Assembly was empowered to pass legislation subject to confirmation by the English Parliament Secretary of State. The Local Government Byelaws (Wales) Bill 2012 was passed by the Assembly and purported to remove the requirement for confirmation and to add to the list of legislation which might be … Continue reading Local Government Byelaws (Wales) Bill 2012 – Reference By The Attorney General for England and Wales: SC 21 Nov 2012
The Union challenged the right of the respondent to resell tickets to international rugby matches. The tickets were subject to a condition rendering it void on any resale at above face value. They said that the respondent had advertised tickets in breach of this condition. The Court considered whether it was appropriate to protect the … Continue reading The Rugby Football Union v Consolidated Information Services Ltd: SC 21 Nov 2012
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
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
EAT Transfer of Undertakings : Consultation and Other Information – The claimant teachers succeeded at a preliminary hearing before an Employment Judge in contending that the establishment at which they worked (for the purposes of s.188 of the Trade Union and Labour Relations (Consolidation) Act 1992 was the Education and Leisure Service of Renfrewshire Council. … Continue reading Renfrewshire Council v The Educational Institute of Scotland: EAT 4 Oct 2012
The claimant had been employed as a consultant orthodontist. She resigned claiming constructive dismissal and sex and race discrimination. The EAT reversed the findings on discrimination saying that they had not been sufficiently pleaded. The Court of Session re-instated the discrimination findings and the Board now appealed. Held: The Board’s appeal failed. Although the positions … Continue reading Hewage v Grampian Health Board: SC 25 Jul 2012
EAT SEX DISCRIMINATION – DirectRACE DISCRIMINATION – DirectVICTIMISATION DISCRIMINATIONWhistleblowingDismissalDISABILITY DISCRIMINATIONAppeal withdrawn in respect of ‘ordinary’ unfair dismissal; wrongful dismissal and holiday pay.Appeal allowed in respect of allegations of race and sex discrimination. In particular the Tribunal erred in law in holding that that failure to investigate an allegation of race discrimination in a thorough and … Continue reading The Learning Trust and Others v Marshall: EAT 18 Jul 2012
The pursuer was held in a secure mental hospital. When moved to a highersecurity section, he challenged the move. He lost but then was unable to make an apeal as allowed iunder the 2003 Act because the Scottish Parliament had not created the appropriate Regulations. Held: The appeal succeeded: ‘the Ministers’ failure to exercise their … Continue reading RM v The Scottish Ministers: SC 28 Nov 2012
EAT RACE DISCRIMINATIONThe Claimant appealed against a decision by an Employment Judge discharging a party from proceedings, on the grounds of apparent bias. An issue arose as to the authenticity of a document prepared by another party. One of the other parties was the Chairman of the Judicial Appointments Board for Scotland and Claimant submitted … Continue reading Singh v Glasgow University and Another: EAT 10 Jul 2012
The mother opposed adoption proceedings, and argued that the provision in the 2007 Act, allowing a court to dispense with her consent, infringed her rights under Article 8 and was therefore made outwith the powers of the Scottish Parliament. Held: The mother’s appeal failed. Section 3 of the 1998 Act imposes a special interpretive duty … Continue reading ANS and Another v ML: SC 11 Jul 2012
The parties had lived together as an unmarried couple, but separated. Mrs Gow applied under the 2006 Act for provision. Mr Grant’s appeal succeeded at the Inner House, and Mrs Gow now herself appealed. Held: The appeal succeeded. The Act did not seek to replicate the regime on the divorce of a married couple, and … Continue reading Gow v Grant: SC 24 May 2012
The respondent was employed by the appellant. He was resident in GB, and was based here, but much work was overseas. At the time of his dismissal he was working in Libya. The company denied that UK law applied. He alleged unfair dismissal. Held: The company’s appeal failed. The details that he was dismissed by … Continue reading Ravat v Halliburton Manufacturing and Services Ltd: SC 8 Feb 2012
 ScotHC HCJAC – 19 Bailii Scotland, Crime Updated: 31 October 2021; Ref: scu.510226
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 . .
Mr Watson requested from the Scottish Ministers the legal advice they had obtained concerning the compatibility of the Mental Health (Care and Treatment) (Scotland) Act 2003 (the 2003 Act) with the European Convention on Human Rights (ECHR). The . .
Second Division – The court allowed an appeal under section 88(1) of the 2003 Act from a decision of the Scottish Land Court. The section was incompatible with the European Convention on Human Rights. The Court proceeded on the basis that section 72 . .
The complainant requested guidance, procedures and manuals held by the UK Border Agency providing instruction to officers conducting their duties within the jurisdiction of the law of Scotland. The Information Commissioner’s decision is that the . .
The complainant requested guidance, procedures and manuals held by the UK Border Agency providing instruction to officers conducting their duties within the jurisdiction of the law of Scotland. The Information Commissioner’s (the Commissioner) . .
The complainant requested guidance, procedures and manuals held by the UK Border Agency providing instruction to officers conducting their duties within the jurisdiction of the law of Scotland. The Information Commissioner’s (the Commissioner) . .
Actionstrength agreed with Inglen to provide construction staff to build a factory for St-Gobain. Inglen failed to pay. Actionstrength claimed against for the amount due. Inglen went into liquidation. The claim was now against St-Gobain. The claim . .
The appellants challenged the adequacy of the reasons given by the respondents in approving planning policies, in particular the structure plan, adopted by Fife Council for the future development of St Andrews. An independent expert’s report had . .
Outer House – application by Alcohol Focus Scotland for permission to intervene in the public interest in a judicial review application by The Scotch Whisky Association and two European bodies which represent producers of spirit drinks and the wine . .
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 . .
Content of specified files – Mr Buchan asked the Keeper of the Records of Scotland (the Keeper) for unredacted copies of files relating to certain specified residential establishments. The Keeper withheld this information on the basis that it was . .
The court gave guidance on the use of surveys in trials for passing off and trade mark infringement.
Lewison LJ reviewed the practice of conducting interviews and surveys in passing off cases: ‘The upshot of this review is that courts have . .
The Court was asked whether section 10 of the 1822 Act provides a remedy to the operators and/ or the heritable proprietors of a secure unit residential facility. . .
Full business cases for specified waste water PFI contracts . .
Court action and related complaints – Mr Gupta requested from the Scottish Court Service (the SCS) information relating to the handling of a court action and related complaints. The SCS responded by advising him that the court records were available . .
This decision considers whether the Scottish Ministers (the Ministers) complied with the technical requirements of the Freedom of Information (Scotland) Act 2002 (FOISA) in responding to an information request made by Mr David Rule. . .
SIC Scottish implementation of the LS/CMI risk assessment tool – Mr N asked the Scottish Ministers (the Ministers) for the information they held on the Scottish implementation of the Level of Service/Case . .
This decision considers whether Aberdeen City Council (the Council) complied with the technical requirements of the Freedom of Information (Scotland) Act 2002 (FOISA) in responding to an information request made by Mr M. . .