Search Results for: Scotland Act 2012

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Uprichard v Scottish Ministers and Another (Scotland): SC 24 Apr 2013

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 been obtained and incorporated in the plan. She had objected that St Andrews had reached te limit of … Continue reading Uprichard v Scottish Ministers and Another (Scotland): SC 24 Apr 2013

The Scotch Whisky Association and Others, Re Judicial Review: SCS 26 Sep 2012

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 industry and trade respectively (‘the petitioners’). The petitioners’ application is for judicial review of the Alcohol … Continue reading The Scotch Whisky Association and Others, Re Judicial Review: SCS 26 Sep 2012

Jie Lin and Sheng Lu and Qing Guang He and Xin Chen v Her Majesty’s Advocate: HCJ 30 Nov 2012

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

General Assembly of Free Church of Scotland v Overtoun: HL 1904

Craigdallie stated settled law: ‘My Lords, I disclaim altogether any right in this or any other civil court of this realm to discuss the truth or reasonableness of any of the doctrines of this or any other religious association, or to say whether 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

Her Majesty’s Advocate v CAM: ScSf 21 Nov 2012

The appellant challenged his conviction saying that there had been too long a delay in his trial. Judges: Lady Paton, Lord Mackay of Drumadoon, Lady Cosgrove Citations: [2012] ScotHC HCJAC – 161, 2013 SLT 126, 2013 SCCR 67, 2013 GWD 1-21, 2013 SCL 128 Links: Bailii Jurisdiction: Scotland Citing: Cited – Attorney-General’s Reference (No 2 … Continue reading Her Majesty’s Advocate v CAM: ScSf 21 Nov 2012

Marks and Spencer Plc v Interflora Inc and Another: CA 20 Nov 2012

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 allowed the calling of evidence of the kind that Interflora wishes to call and have … Continue reading Marks and Spencer Plc v Interflora Inc and Another: CA 20 Nov 2012

Buchan v Keeper of The Records of Scotland: SIC 19 Dec 2012

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 personal data, the disclosure of which would breach the first data protection principle. Following an investigation, … Continue reading Buchan v Keeper of The Records of Scotland: SIC 19 Dec 2012

St Mary’s Kenmure and Another v East Dunbartonshire Council and Another: SCS 27 Dec 2012

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. Citations: [2012] ScotCS CSOH – 198, 2013 SLT 285, 2013 GWD 3-107 Links: Bailii Statutes: Riotous Assemblies (Scotland) Act 1822 Jurisdiction: Scotland Cited by: Cited – The … Continue reading St Mary’s Kenmure and Another v East Dunbartonshire Council and Another: SCS 27 Dec 2012

Jackson v Murray and Another: SCS 27 Dec 2012

Extra Division, Inner House. The pursuer, a child, alighted from a school bus, and, on emerging into the road was hit by a car driven by the defender, suffering serious injury. She now appealed against a finding that she was 90% responsible for her injuries. Held: The Division allowed the pursuer’s appeal and assessed her … Continue reading Jackson v Murray and Another: SCS 27 Dec 2012

Arunabha Das Gupta v Scottish Court Service: SIC 9 Jul 2012

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 to him for inspection. Following a review, where the SCS provided a more detailed response … Continue reading Arunabha Das Gupta v Scottish Court Service: SIC 9 Jul 2012

Rule and Scottish Ministers: SIC 3 Feb 2012

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. Citations: [2012] ScotIC 023 – 2012) Links: Bailii Statutes: Freedom of Information (Scotland) Act 2002 Jurisdiction: Scotland Information Updated: 12 November … Continue reading Rule and Scottish Ministers: SIC 3 Feb 2012

N and Scottish Ministers: SIC 4 Oct 2012

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 Management Inventory risk assessment tool. The Ministers advised Mr N that the cost of complying with the request would exceed andpound;600 and that … Continue reading N and Scottish Ministers: SIC 4 Oct 2012

M and Aberdeen City Council: SIC 17 Oct 2012

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. Citations: [2012] ScotIC 170 – 2012) Links: Bailii Jurisdiction: Scotland Information Updated: 10 November 2022; Ref: scu.466901

R and Scottish Prison Service: SIC 9 Jul 2012

Policy on family contact and access to postage stamps – Mr R requested from the Scottish Prison Service (the SPS) information about the SPS’s documented policies on family contact and access to postage stamps. The SPS replied, stating that it did not hold any information covered by the terms of Mr R’s request. The SPS … Continue reading R and Scottish Prison Service: SIC 9 Jul 2012

Mcfadyen v Blue Suite Medical Practice: SIC 20 Jul 2012

Number of warning letters issued – Mr McFadyen requested information from the Blue Suite Medical Practice (the Practice), including numbers of warning letters issued to patients over specified periods. He was informed that exact figures could not be provided. While finding some technical shortcomings in the Practice’s responses to Mr McFadyen, the Commissioner accepted that … Continue reading Mcfadyen v Blue Suite Medical Practice: SIC 20 Jul 2012

Kulkarni v NHS Education Scotland and Another: EAT 16 Oct 2012

EAT Race Discrimination : Discrimination. Consultant surgeon’s complaint of discrimination based on the fact that he had not had a trainee allocated to him for five years. ‘Qualifications body’ – Equality Act 2010 ss 53 and 54. Appeal by consultant surgeon against Tribunal’s determination that NHS Education Scotland (whose principal objective was to provide education … Continue reading Kulkarni v NHS Education Scotland and Another: EAT 16 Oct 2012

Genesis Housing Association Ltd v Liberty Syndicate Management Ltd: TCC 8 Nov 2012

Insurers had rejected a claim under the policy, saying that the proposal form had included a basis of insurance declaration warranted by the proposer, and that since it had named a main contractor different to the one named, there was no liability under the contract. Held: The mistake had been innocent, but the ‘basis’ clause … Continue reading Genesis Housing Association Ltd v Liberty Syndicate Management Ltd: TCC 8 Nov 2012

Foley v NHS Greater Glasgow and Clyde and Otherss: EAT 15 Aug 2012

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 Foley v NHS Greater Glasgow and Clyde and Otherss: EAT 15 Aug 2012

Scottish Ministers, Re Stirton and Another: SCS 17 Oct 2012

Citations: [2012] ScotCS CSOH – 166 Links: Bailii Jurisdiction: Scotland Citing: See Also – Scottish Ministers v Stirton and Another SCS 5-Feb-2008 Application for an interim administration order in terms of the Proceeds of Crime Act 2002 and for warrant for inhibition and arrestment . . See Also – Scottish Ministers v Stirton and Another … Continue reading Scottish Ministers, Re Stirton and Another: SCS 17 Oct 2012

DA v Strathclyde Joint Police Board: SCS 27 Jun 2012

The tribunal’s decision that the appellant had been unfairly dismissed by the respondent had been reversed at the EAT. The respondent had been allowed to withdraw a concession, and the appellant now sought to pursue a different argument. The appellant, a former police officer and latterly a training officer had a brother convicted of serious … Continue reading DA v Strathclyde Joint Police Board: SCS 27 Jun 2012

Cairngorms Campaign and Others v Cairngorms National Park Authority: SCS 21 Sep 2012

(Opinion) The appellants objected to decisions by the respondent planning authority for the allocation of plots of land for residential and other development within the National Park. Judges: Lord Glennie Citations: [2012] ScotCS CSOH – 153 Links: Bailii Statutes: Town and Country Planning (Scotland) Act 1997 Scotland, Planning Updated: 05 November 2022; Ref: scu.464409

Greater Glasgow Health Board v Lamont: EAT 21 Jun 2012

EAT UNFAIR DISMISSAL – Reason for dismissal including substantial other reasonREDUNDANCY – DefinitionRedundancy. Whether dismissal at termination of fixed term contract to cover another employee who had returned from secondment was by reason of redundancy. FTC immediately followed on previous open ended employment. Judges: Lady Smith Citations: [2012] UKEAT 0019 – 12 – 2106 Links: … Continue reading Greater Glasgow Health Board v Lamont: EAT 21 Jun 2012

Razvyazkin v Russia: ECHR 3 Jul 2012

The Court discussed proportionality in respect of the solitary confinement of a prisoner under Article 8: ‘Given that solitary confinement is a serious restriction of a prisoner’s rights which involves inherent risks to the prisoner, the level of actual or potential harm must be at least equally serious and uniquely capable of being addressed by … Continue reading Razvyazkin v Russia: ECHR 3 Jul 2012

The Royal Bank of Scotland Plc v Hill: SCS 3 Jul 2012

(Opinion) The bank sought production of a statutory demand issued against it by the defendant. It was said to have been served by misplaced by them, but denied that it had any valid basis. The defender alleged fraud but had not given any justification for his assertions or claim. Held: ‘the defender’s position in this … Continue reading The Royal Bank of Scotland Plc v Hill: SCS 3 Jul 2012

Lindheim And Others v Norway: ECHR 12 Jun 2012

Citations: 13221/08, [2012] ECHR 985 Links: Bailii Statutes: European Convention on Human Rights Cited by: Cited – Salvesen v Riddell and Another; The Lord Advocate intervening (Scotland) SC 24-Apr-2013 The appellant owned farmland tenanted by a limited partnership. One partner gave notice and the remaining partners indicated a claim for a new tenancy. He was … Continue reading Lindheim And Others v Norway: ECHR 12 Jun 2012

Morton Whitecross Ltd v Falkirk Council: SCS 8 Jun 2012

The pursuers sought to connect their proposed residential development estate to the public highway. The Council asserted the existence of a strip of land which it owned and would have to be purchased from them to connect the estate to the highway. Held: The issues was in essence one of fact as to the extent … Continue reading Morton Whitecross Ltd v Falkirk Council: SCS 8 Jun 2012

Lloyds TSB Foundation for Scotland v Lloyds Banking Group Plc: SCS 29 Dec 2011

(Inner House) The bank had created a trust deed providing for a share of realised profits to be paid each year to the pursuer charitable foundation. The bank had acquired another bank leading to a substantial but unrealised gain. Regulations on accounting practice changed requiring the unrealised gain to be moved into the profit and … Continue reading Lloyds TSB Foundation for Scotland v Lloyds Banking Group Plc: SCS 29 Dec 2011

Lee Kindness and City of Edinburgh Council: SIC 11 May 2012

GIS download of core path data – Mr Kindness requested from the City of Edinburgh Council (the Council) information relating to the Edinburgh Core Path Plan in two distinct electronic formats. The Council responded by providing a weblink allowing a download of one of the requested formats. In relation to the other requested format, the … Continue reading Lee Kindness and City of Edinburgh Council: SIC 11 May 2012

K and Scottish Criminal Cases Review Commission: SIC 16 May 2012

SIC This decision considers whether the Scottish Criminal Cases Review Commission (the SCCRC) complied with the technical requirements of the Freedom of Information (Scotland) Act 2002 (FOISA) in responding to an information request made by Mr K. Citations: [2012] ScotIC 087 – 2012) Links: Bailii Jurisdiction: Scotland Information Updated: 31 October 2022; Ref: scu.459799

Tom Gordon and Scottish Ministers: SIC 11 May 2012

SIC Internal audit reports relating to the Learning and Justice Directorate – Mr Tom Gordon of the Sunday Herald (Mr Gordon) asked the Scottish Ministers (the Ministers) for all of the information contained in 15 internal audit reports relating to their Learning and Justice Directorate and its predecessor directorates. The Ministers responded by withholding all … Continue reading Tom Gordon and Scottish Ministers: SIC 11 May 2012

NJDB v JEG and Another: SC 23 May 2012

Mother and father disputed whether the father should be allowed contact with their child S. Court orders had been made for residential and non-residential contact, but there were difficulties and the order for contact was reversed on the basis that S was hostile to it. Held: The father’s appeal failed. A parent continued to have … Continue reading NJDB v JEG and Another: SC 23 May 2012

Brian Purdie and Inverclyde Council: SIC 3 May 2012

SIC Inverclyde Council Future Operating Model – Mr Purdie requested from Inverclyde Council (the Council) information relating to the investigation by the Council into the implementation and management of its Future Operating Model. The Council responded, disclosing some of the requested information, but withholding other information on the basis that its disclosure would prejudice substantially … Continue reading Brian Purdie and Inverclyde Council: SIC 3 May 2012

Healthcare At Home Ltd v The Common Services Agency: SCS 1 May 2012

Outer House – Healthcare challenged the award of a framework agreement contract to a competitor contractor. Judges: Lord Hodge Citations: [2012] ScotCS CSOH – 75 Links: Bailii Statutes: Public Contracts (Scotland) Regulations 2006 47A(1)(b)(I), Directive 2004/18/EC Jurisdiction: Scotland Citing: Outer House – Healthcare At Home Ltd v The Common Services Agency SCS 1-Feb-2011 Outer House … Continue reading Healthcare At Home Ltd v The Common Services Agency: SCS 1 May 2012

Sunderland City Council v Brennan and Others: EAT 2 May 2012

EAT PRACTICE AND PROCEDURE – Contribution PRACTICE AND PROCEDURE – Disclosure (1) An employment tribunal has no jurisdiction to determine claims for contribution under the Civil Liability (Contribution) Act 1978 between persons jointly or concurrently liable for damage caused by an act of unlawful discrimination. Nor in any event does the 1978 Act create such … Continue reading Sunderland City Council v Brennan and Others: EAT 2 May 2012

James, Wells and Lee v The United Kingdom: ECHR 18 Sep 2012

ECHR Article 5-1 Deprivation of liberty Failure to provide the rehabilitative courses to prisoners which were necessary for their release: violation Facts – By virtue of section 225 of the Criminal Justice Act 2003, indeterminate sentences for the public protection were introduced. Like sentences of life imprisonment, these required the direction of the Parole Board … Continue reading James, Wells and Lee v The United Kingdom: ECHR 18 Sep 2012

RM, Re Judicial Review: SCS 21 Mar 2012

The applicant was detained in a mental hospital. After losing a challenge to being moved to a higher security section he found that he was unable to appeal because the Scottish Parliament had not passed Regulations proving the structure for an appeal as was anticipated by the 2003 Act. Held: His appeal was rejecetd. Citations: … Continue reading RM, Re Judicial Review: SCS 21 Mar 2012

Walton v The Scottish Ministers: SCS 29 Feb 2012

The reclaimer challenged the making of several orders redesignating roads around the Aberdeen Western Peripheral Route. Judges: Lord Clarke, Lord Bonomy, Lord Philip Citations: [2012] ScotCS CSIH – 19, [2012] CSIH 19 Links: Bailii Statutes: Roads (Scotland) Act 1984 Citing: At Outer House – Walton and Others v The Scottish Ministers SCS 11-Aug-2011 Outer House … Continue reading Walton v The Scottish Ministers: SCS 29 Feb 2012

Doogan and Another, Re Judicial Review: SCS 29 Feb 2012

(Outer House, Court of Session) Midwives worked on a labour ward which also had care of patients having later terminations. As sincere Roman Catholics, they sought to assert a right of conscientious objection to allow them to be excused from taking part in the support of such patients. Held: The action failed. Judges: Lady Smith … Continue reading Doogan and Another, Re Judicial Review: SCS 29 Feb 2012

Anderson v Shetland Islands Council and Another: SC 29 Feb 2012

The claimant sought leave to appeal. Each party now sought security for costs against the other. Her action related to water damage to her house said to have been caused by road mprovements and building works erected by and with the approval of the various defendants. Held: The rule in the House of Lords was … Continue reading Anderson v Shetland Islands Council and Another: SC 29 Feb 2012

NwosuagwuIbe v Royal Bank of Scotland: EAT 23 May 2011

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 Tribunal dismissed … Continue reading NwosuagwuIbe v Royal Bank of Scotland: EAT 23 May 2011

Tom Gordon and Scottish Ministers: SIC 6 Feb 2012

SIC 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 Gordon Citations: [2012] ScotIC 024 – 2012) Links: Bailii Scotland, Information Updated: 05 October 2022; Ref: scu.451527

Graham Devine and South Lanarkshire Council: SIC 5 Jan 2012

SIC Mr Devine requested from South Lanarkshire Council (the Council) information relating to an incident that had affected his property. The Council responded by providing some information, but withholding other information in terms of section 36(1) of FOISA (as information to which a claim of confidentiality could be maintained in legal proceedings). The Council also … Continue reading Graham Devine and South Lanarkshire Council: SIC 5 Jan 2012

David T Morrison and Co Ltd v ICL Plastics Ltd and Others: SCS 9 Mar 2012

Outer House – Opinion – In May 2004 an explosion at the defenders factory caused nine deaths. A pipeline carrying LPG gas had not been assessed for risks. Morrison owned neighbouring premises which were damaged. They began an action for damages. The defenders said that the claim was out of time, but the claimants said … Continue reading David T Morrison and Co Ltd v ICL Plastics Ltd and Others: SCS 9 Mar 2012

Kapri v The Lord Advocate for and On Behalf of The Court of First Instance Judicial District of Elbasan, Albania: HCJ 2 Feb 2012

The applicant objected to his proposed extradition to Albania, saying that he would not receive a fair trial. An examination of the reports disclosed that counsel for the Lord Advocate’s analysis of them was correct. None of the examples of the particular deficiencies in the judicial system impacted on circumstances in which the appellant would … Continue reading Kapri v The Lord Advocate for and On Behalf of The Court of First Instance Judicial District of Elbasan, Albania: HCJ 2 Feb 2012

Davies and Another (T/A All Star) v The Scottish Commission for The Regulation of Care: SCS 24 Jan 2012

The Commission had begun proceedings seeking to revoke the Davies’ registration to provide nursery facilities. The Commission was dissolved and the Sherriff had found that the new body could not take over the proceedings. Held: The appeal succeeded. Judges: Lord President, Lord Drummond Young, Lord Marnoch Citations: [2012] ScotCS CSIH – 7, 2012 SLT 269, … Continue reading Davies and Another (T/A All Star) v The Scottish Commission for The Regulation of Care: SCS 24 Jan 2012

The Scottish Ministers v Stirton: SCS 24 Jan 2012

Citations: [2012] ScotCS CSOH – 15 Links: Bailii Jurisdiction: Scotland Citing: See Also – Scottish Ministers v Stirton and Another SCS 5-Feb-2008 Application for an interim administration order in terms of the Proceeds of Crime Act 2002 and for warrant for inhibition and arrestment . . See Also – Scottish Ministers v Stirton and Another … Continue reading The Scottish Ministers v Stirton: SCS 24 Jan 2012

EDI Central Ltd v National Car Parks Ltd: SCS 20 Jan 2012

Judges: Lord Glennie Citations: [2012] ScotCS CSIH – 6, 2011 SLT 75, 2010 GWD 37-754 Links: Bailii Citing: Cited – Sheffield District Railway co v Great Central Railway Co 1911 (Rail and Canal Commissioners) The Sheffield District Railway agreed (in a contract appended to a special Act of Parliament, with the Lancashire, Derbyshire and East … Continue reading EDI Central Ltd v National Car Parks Ltd: SCS 20 Jan 2012

City of Edinburgh Council v Secretary of State for Scotland and Another; Same v Same (Conjoined Appeals): HL 31 Oct 1997

The Listed buildings registers are to be read consistently; the trading level is a material consideration in listed buildings consent applications. The weight to be given to a material consideration once identified was a matter of judgment for the 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

Lloyds TSB Foundation for Scotland v Lloyds Banking Group Plc: SCS 17 Jun 2011

(Outer House) The bank had covenanted to provide a certain proportion of its profits to the pursuer charitable foundation. The bank had acquired another at an accounting loss, but in 2005, a change in accounting standards turned that substantial loss into a profit. The Foundation said that the donation should be calculated accordingly. Held: The … Continue reading Lloyds TSB Foundation for Scotland v Lloyds Banking Group Plc: SCS 17 Jun 2011

Zinda v Bank of Scotland Plc: CA 23 Jun 2011

This appeal raises a short but important point of principle of great practical significance in relation to the standard form of suspended possession order used in mortgage cases and granted on a daily basis in hundreds of County Courts up and down the land. The appellant had fallen into arrears in the mortgage secured in … Continue reading Zinda v Bank of Scotland Plc: CA 23 Jun 2011

Financial Ombudsman Service (Decision Notice): ICO 18 Dec 2012

The complainant submitted four requests to the Financial Ombudsman Service (FOS) all of which focused on the FOS’ handling of complaints it had received concerning the Royal Bank of Scotland’s ‘Virgin One’ account. The FOS refused to answer requests 1 and 2 on the basis of section 12 of FOIA, it explained that it did … Continue reading Financial Ombudsman Service (Decision Notice): ICO 18 Dec 2012

Royal Mail (Decision Notice): ICO 9 Aug 2012

The complainant has asked Royal Mail Group Ltd (Royal Mail) to confirm the number of applications it has received which were made under the Regulation of Investigatory Powers Act 2000 (RIPA) or the Regulation of Investigatory Powers (Scotland) Act 2000 (RIPSA). This information was requested on a year-by-year basis for the period 2007 to 2011. … Continue reading Royal Mail (Decision Notice): ICO 9 Aug 2012

Bank of Scotland v Pereira and Others: CA 9 Mar 2011

The mortgagor sought to appeal against a mortgagee’s possession order. The Court of Appeal considered the interaction between an application under CPR rule 39.3 to set aside a default judgment and an application for permission to appeal under CPR Pt 52. Held: The dismissal of an application under CPR Rule 39.3 does not, of itself, … Continue reading Bank of Scotland v Pereira and Others: CA 9 Mar 2011

Ravat v Halliburton Manufacturing and Services Ltd: SCS 22 Jun 2010

The pursuer, living in England was dismissed from a post by the defenders whilst he was working for them in Libya. He claimed unfair dismissal. They said that his employment was not subject to British Law. Held: The employment was governed by UK law. Judges: Lord Osborne, Lord Carloway, Lord Brodie Citations: [2010] ScotCS CSIH … Continue reading Ravat v Halliburton Manufacturing and Services Ltd: SCS 22 Jun 2010

Raiffeisen Zentralbank Osterreich Ag v The Royal Bank of Scotland Plc: ComC 11 Jun 2010

The court was asked whether certain provisions fell within section 3 of the Misrepresentation Act. Held: Christopher Clarke J referred to dicta of Gloster J and said: ‘In Springwell Gloster J took the view that terms which simply defined the basis upon which the parties were transacting business did not fall within section 2 of … Continue reading Raiffeisen Zentralbank Osterreich Ag v The Royal Bank of Scotland Plc: ComC 11 Jun 2010

Murray Group Holdings and Others v Revenue and Customs: FTTTx 29 Oct 2012

FTTTx Income Tax and NIC – Schedule E – emoluments/earnings – tax avoidance scheme – Remuneration Trust – employees’ individual sub-trusts – ‘protectors’ – (1) whether payments by employer into trust represent emoluments subject to PAYE and NIC; – (2) whether benefits (particularly loans) derived by employees from the Remuneration Trust represent emoluments subject to … Continue reading Murray Group Holdings and Others v Revenue and Customs: FTTTx 29 Oct 2012

RFC 2012 Plc (Formerly The Rangers Football Club Plc) v Advocate General for Scotland: SC 5 Jul 2017

The Court was asked whether an employee’s remuneration is taxable as his or her emoluments or earnings when it is paid to a third party in circumstances in which the employee had no prior entitlement to receive it himself or herself. Held: The company’s appeal failed. The purposive approach to the interpretation of the general … Continue reading RFC 2012 Plc (Formerly The Rangers Football Club Plc) v Advocate General for Scotland: SC 5 Jul 2017

The Advocate General for Scotland v A Decision of The Upper Tribunal, Re Assessments To Tax Made On Murray Group Holdings Ltd and Others: SCS 4 Nov 2015

Second Division Inner House) The AG appealed from a finding that a tax avoidance was not a sham. TH AG brought a new argument, that the payment of the sums to the remuneration trust involved a redirection of the employee’s earnings and accordingly did not exclude those earnings from the charge to income tax. Held: … Continue reading The Advocate General for Scotland v A Decision of The Upper Tribunal, Re Assessments To Tax Made On Murray Group Holdings Ltd and Others: SCS 4 Nov 2015

Sloane Robinson Investment Services Ltd v Revenue and Customs: FTTTx 16 Jul 2012

FTTTx Employees’ bonus payments – whether entitlement to cash or to shares – s 18 and 686 and Part 7 of ITEPA 2003 – s 42 of Companies Act 1985 – tax avoidance scheme – purposive interpretation of statutes – Ramsay and PA Holdings considered – appeal dismissed Judges: Malachy Cornwell-Kelly TJ Citations: [2012] UKFTT … Continue reading Sloane Robinson Investment Services Ltd v Revenue and Customs: FTTTx 16 Jul 2012

Ben Henderson and Perth and Kinross Council: SIC 5 Jan 2012

Mr Ben Henderson asked Perth and Kinross Council (the Council) for (a) information relating to the actions and practices of Building Standards staff which resulted in recent disciplinary action, and (b) information on actions or practices of staff in the past which gave reason for suspicion that Council staff, particularly those from the Building Standards … Continue reading Ben Henderson and Perth and Kinross Council: SIC 5 Jan 2012

Kapri v The Lord Advocate Representing The Government of The Republic of Albania: HCJ 1 Jun 2012

Citations: [2012] ScotHC HCJAC – 84 Links: Bailii Statutes: Extradition Act 2003 Jurisdiction: Scotland Citing: See Also – Kapri v The Lord Advocate for and On Behalf of The Court of First Instance Judicial District of Elbasan, Albania HCJ 2-Feb-2012 The applicant objected to his proposed extradition to Albania, saying that he would not receive … Continue reading Kapri v The Lord Advocate Representing The Government of The Republic of Albania: HCJ 1 Jun 2012

Guardian News and Media Ltd, Regina (on The Application of) v City of Westminster Magistrates’ Court: CA 3 Apr 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

A v British Broadcasting Corporation (Scotland): SC 8 May 2014

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

Rabone and Another v Pennine Care NHS Foundation: SC 8 Feb 2012

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

McCann v The State Hospitals Board for Scotland: SC 11 Apr 2017

A challenge by request for judicial review to the legality of the comprehensive ban on smoking at the State Hospital at Carstairs which the State Hospitals Board adopted. The appellant, a detained patient, did not challenge the ban on smoking 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

Munjaz v The United Kingdom: ECHR 17 Jul 2012

The applicant was detained in a secure mental hospital. He complained that he had been held in seclusion. Held: The complaints under articles 5 and 8 were admissible, but there had been no violation of the applicant’s rights in these circumstances.The Court (a) emphasised the principle of personal autonomy in article 8, (b) ruled that … Continue reading Munjaz v The United Kingdom: ECHR 17 Jul 2012