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Search Results for: Social Work (Scotland) Act 1968
Robertson v Fife Council: HL 25 Jul 2002
The local authority considered providing residential care to the applicant. She had given away her former home, and they sought to take into account notional capital attributed to her as if the house had not been given away. Having done so, it declined to assist. Held: The obligation to provide care was a separate duty … Continue reading Robertson v Fife Council: HL 25 Jul 2002
Central Regional Council v B: 1985
In the absence of any specific provision forbidding or restricting appeals, the presumption was that the ordinary rules applied in respect of a summary application. Since those rules allowed appeals, the plea to the competency of an appeal from the sheriff in that case was repelled. Citations: 1985 S L T 413 Statutes: Social Work … Continue reading Central Regional Council v B: 1985
Constanda v M: SCS 1977
The child had been referred to a children’s hearing on the basis that he was exposed to moral danger in terms of section 32(2)(b). Held: As the whole substratum of the ground of referral was that the child had performed certain acts which constituted criminal offences, the commission of the offences had to be proved … Continue reading Constanda v M: SCS 1977
McGregor v D: 1977
With regard to proceedings under the 1968 Act, in no sense were these proceedings criminal proceedings. They were on the contrary civil proceedings sui generis. Where the ground of referral is that the child has committed an offence and the sheriff is asked to consider whether this ground has been established under section 68 of … Continue reading McGregor v D: 1977
Fletcher, Petition of, as Guardian In Property and Financial Matters of Smart for Judicial Review of The Failure of Fife Council To Carry Out Their Statutory Duty: SCS 30 Dec 2015
[2015] ScotCS CSOH – 183 Bailii The Social Work (Scotland) Act 1968 12A Scotland Updated: 09 January 2022; Ref: scu.558165
McCue for Reduction of Certain Decisions of Glasgow City Council: SCS 8 Aug 2014
Outer House – (i) In this application, the petitioner sought judicial review of a number of decisions made by the respondent in exercise of obligations imposed on it by the terms of the Social Work (Scotland) Act 1968. At a preliminary hearing, the respondent argued that the petition should be dismissed on the grounds that … Continue reading McCue for Reduction of Certain Decisions of Glasgow City Council: SCS 8 Aug 2014
Attorney-General v Leveller Magazine Ltd: HL 1 Feb 1979
The appellants were magazines and journalists who published, after committal proceedings, the name of a witness, a member of the security services, who had been referred to as Colonel B during the hearing. An order had been made for his name not to be disclosed during the hearing, but the court had had no power … Continue reading Attorney-General v Leveller Magazine Ltd: HL 1 Feb 1979
Scottish Burial Reform and Cremation Society v Glasgow Corporation: HL 26 Jul 1967
The appellants sought partial exemption from rates on its premises. The Corporation challenged their charitable status. The society’s object was to encourage and provide facilities for cremation. Held: The object was charitable.Lord Reid said that it was not now necessary to produce evidence so as to show that the object was for the public benefit, … Continue reading Scottish Burial Reform and Cremation Society v Glasgow Corporation: HL 26 Jul 1967
Gorringe v Calderdale Metropolitan Borough Council: HL 1 Apr 2004
Statutory Duty Not Extended by Common Law The claimant sought damages after a road accident. The driver came over the crest of a hill and hit a bus. The road was not marked with any warning as to the need to slow down. Held: The claim failed. The duty could not be extended to include … Continue reading Gorringe v Calderdale Metropolitan Borough Council: HL 1 Apr 2004
Eagle (By Her Litigation Friend) v Chambers: CA 29 Jul 2004
The claimant had been severely injured, and a substantial damages award made. Cross appeals were heard as to the several elements awarded. The claimant sought as part of her award of damages for personal injuries the fees she would have to pay to brokers for the advice given to the Court of Protection which would … Continue reading Eagle (By Her Litigation Friend) v Chambers: CA 29 Jul 2004
Cart v The Upper Tribunal: SC 21 Jun 2011
Limitations to Judicial Reviw of Upper Tribunal Three claimants sought to challenge decisions of various Upper Tribunals by way of judicial review. In each case the request for judicial review had been first refused on the basis that having been explicitly designated as higher courts, the proper scope of judicial review was limited or excluded. … Continue reading Cart v The Upper Tribunal: SC 21 Jun 2011
Countryside Alliance and others, Regina (on the Application of) v Attorney General and Another: HL 28 Nov 2007
The appellants said that the 2004 Act infringed their rights under articles 8 11 and 14 and Art 1 of protocol 1. Held: Article 8 protected the right to private and family life. Its purpose was to protect individuals from unjustified intrusion by state agents into the private sphere within which they expected to be … Continue reading Countryside Alliance and others, Regina (on the Application of) v Attorney General and Another: HL 28 Nov 2007
Johnston v NEI International Combustion Ltd; Rothwell v Chemical and Insulating Co Ltd; similar: HL 17 Oct 2007
The claimant sought damages for the development of neural plaques, having been exposed to asbestos while working for the defendant. The presence of such plaques were symptomless, and would not themselves cause other asbestos related disease, but signalled the presence of asbestos in the lungs. The employer appealed a finding of liability. Held: The claims … Continue reading Johnston v NEI International Combustion Ltd; Rothwell v Chemical and Insulating Co Ltd; similar: HL 17 Oct 2007
