Category: Scotland

A v B: SCS 17 Oct 1470

A relict bruiking land per tacitam relocationem, and another husband marrying her after his decease, the master will get ane herezeld, because all labourers (husbands) are obliged therein to their master.

Citations:

[1470] Mor 5408

Links:

Bailii

Jurisdiction:

Scotland

Land

Updated: 04 September 2022; Ref: scu.554197

Rob Robb, William Miller, Senior, and George Robb, Burgesses of The Burgh of Anstruther Wester v William Thompson and Others, The Magistrates and Councillors of The Said Burgh: HL 26 Apr 1785

Burgh Election – Competency of Suit. – Held that burgesses, not being also councillors of the burgh, were not entitled to carry on a suit to set aside the election of the magistrates and town councillors of the burgh.

Citations:

[1785] UKHL 3 – Paton – 21

Links:

Bailii

Jurisdiction:

Scotland

Elections

Updated: 03 September 2022; Ref: scu.562205

Greens v The United Kingdom: ECHR 23 Nov 2010

The applicants alleged a violation of article 3 in the refusal to allow them to enrol on the electoral register whilst serving prison sentences.
Held: Where one of its judgments raises issues of general public importance and sensitivity, in respect of which the national authorities enjoy a discretionary area of judgment, it may be appropriate to leave the national legislature a reasonable period of time to address those issues.
The Court gave the United Kingdom six months to introduce legislative proposals to amend RPA section 3.

Judges:

Lech Garlicki, P

Citations:

[2010] ECHR 1826, 60041/08

Links:

Bailii, Bailii

Statutes:

European Convention on Human Rights 3, Representation of the People Act 1983 3

Citing:

See Also – Robert W Greens v The United Kingdom ECHR 27-Aug-2009
. .
See Also – Greens v Her Majesty’s Advocate HCJ 12-Sep-2007
The defendant appealed against his sentence of seventeen years’ imprisonment for a violent rape. . .

Cited by:

Cited – Tovey and Others v Ministry of Justice QBD 18-Feb-2011
The claimants, serving prisoners, sought damages saying that the refusal to allow them to vote was in infringement of their human rights. The large numbers of claims had been consolidated in London. The claimant sought to withdraw his claim.
Cited – GC v The Commissioner of Police of The Metropolis SC 18-May-2011
The court was asked to decide from whom DNA samples could lawfully be taken by the Police,and for how long they should be kept. The first respondent now said that a declaration of incompatibility of section 64(1A) could not be avoided.
Held: . .
See Also – Greens and Others, Re Application for Judicial Review SCS 12-May-2011
. .
Cited – GC v The Commissioner of Police of The Metropolis SC 18-May-2011
The court was asked to decide from whom DNA samples could lawfully be taken by the Police,and for how long they should be kept. The first respondent now said that a declaration of incompatibility of section 64(1A) could not be avoided.
Held: . .
Cited – Chester, Regina (on The Application of) v Secretary of State for Justice SC 16-Oct-2013
The two applicants were serving life sentences for murder. Each sought damages for the unlawful withdrawal of their rights to vote in elections, and the failure of the British parliament to take steps to comply with the judgment.
Held: The . .
Cited – Chester, Regina (on The Application of) v Secretary of State for Justice SC 16-Oct-2013
The two applicants were serving life sentences for murder. Each sought damages for the unlawful withdrawal of their rights to vote in elections, and the failure of the British parliament to take steps to comply with the judgment.
Held: The . .
Cited – Nicklinson and Another, Regina (on The Application of) SC 25-Jun-2014
Criminality of Assisting Suicide not Infringing
The court was asked: ‘whether the present state of the law of England and Wales relating to assisting suicide infringes the European Convention on Human Rights, and whether the code published by the Director of Public Prosecutions relating to . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Scotland, Prisons, Elections

Updated: 03 September 2022; Ref: scu.430519

Clark Taylor and Company v Quality Site Development (Edinburgh) Limited: 1981

It was claimed that a trust had come into being in circumstances where the alleged truster and the alleged trustee were the same person.
Held: It was competent for the claimant to be both truster and trustee.

Citations:

1981 SC 111

Jurisdiction:

Scotland

Cited by:

Cited – Mercedes Benz Finance Ltd v Clydesdale OHCS 16-Sep-1996
The creditor finance company complained that the customer had paid money into its account with the bank, in order to discharge its obligations by direct debit payments, but that the bank had refused to make the payments. The claimant argued that the . .
Lists of cited by and citing cases may be incomplete.

Trusts

Updated: 02 September 2022; Ref: scu.246215

Tesco Stores Ltd v Dundee City Council: SCS 11 Feb 2011

The petitioner sought to challenge grant of an outline planning permission for a superstore.

Citations:

[2011] ScotCS CSIH – 9

Links:

Bailii

Cited by:

Appeal from – Tesco Stores Ltd v Dundee City Council SC 21-Mar-2012
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 . .
Lists of cited by and citing cases may be incomplete.

Scotland, Planning

Updated: 01 September 2022; Ref: scu.428694

Margarot Forrest Care Management v Kennedy: EAT 26 Nov 2010

EAT PRACTICE AND PROCEDURE – Amendment
Amendment of claim form. Wording inserting a new statutory claim of dismissal for a protected disclosure drafted by Employment Tribunal. On appeal, the Employment Appeal Tribunal held that the Employment Tribunal had erred, pronounced an order revoking the grant of leave to amend and remitted the case to a freshly constituted Tribunal.

Judges:

Lady Smith

Citations:

[2010] UKEAT 0023 – 10 – 2611

Links:

Bailii

Employment, Scotland

Updated: 01 September 2022; Ref: scu.428715

Global Sata Fe Drilling (North Sea) Ltd and Others v The Lord Advocate: SCS 27 May 2009

Appeal against award of expenses at fatal accident enquiry.

Judges:

Lord President, Lord Reed, Lord Marnoch

Citations:

[2009] ScotCS CSIH – 43, 2009 GWD 22-355, 2009 SLT 597

Links:

Bailii

Statutes:

Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976

Jurisdiction:

Scotland

Costs

Updated: 01 September 2022; Ref: scu.346592

BSA International Sa v Irvine and Others: SCS 27 May 2009

Opinon – the defenders had sold their shares in a company to the pursuer under a share purchase agreement. The pursuers asserted negligent misrepresentation and breach of warranty

Judges:

Lord Glennie

Citations:

[2010] CSOH 78, [2009] Scotcs csoh – 77, 2009 SLT 1180, 2009 GWD 21-344

Links:

Bailii

Jurisdiction:

Scotland

Cited by:

See Also – BSA International Sa v Irvine and Others SCS 28-Jan-2010
Outer House – further opinion . .
See Also – BSA International v Irvine and Others SCS 23-Jun-2010
Outer House – second supplementary opinion. The court considerd the part of the claim as to damages for negligent misrepresntation in a share purchase agreement. As a result of section 10, it was enough to found a claim for damages that the . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Company

Updated: 01 September 2022; Ref: scu.346590

Miller v South of Scotland Electricity Board: HL 1958

An employer should recognise that it is not possible to predict all the ways in which dangers may arise, especially where the risk is created by carelessness. The employer is liable even if he did not foresee the precise accident that happened. In claims of damages for alleged negligence it could only be in rare and exceptional cases that an action could be disposed of on relevancy, because the facets and detail of a case on which an assessment of the law must depend could not be conveyed to the mind by mere averments of the bare bones of the case.

Judges:

Lord Keith of Avonholm

Citations:

1958 SC(HL) 20

Jurisdiction:

Scotland

Cited by:

Cited – British Railways Board v Herrington HL 16-Feb-1972
Land-owner’s Possible Duty to Trespassers
The plaintiff, a child had gone through a fence onto the railway line, and been badly injured. The Board knew of the broken fence, but argued that they owed no duty to a trespasser.
Held: Whilst a land-owner owes no general duty of care to a . .
Cited – Robb v Salamis (M and I) Ltd HL 13-Dec-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 . .
Cited – Flood v The University Court of the University of Glasgow OHCS 8-Jul-2008
The pursuer, a college lecturer claimed damages for stress related injury suffered as a result of overwork. She had communicated with her managers many times about the overload. Other staff had resigned for similar reasons.
Held: The pursuer . .
Cited – Mitchell and Another v Glasgow City Council HL 18-Feb-2009
(Scotland) The pursuers were the widow and daughter of a tenant of the respondent who had been violently killed by his neighbour. They said that the respondent, knowing of the neighbour’s violent behaviours had a duty of care to the deceased and . .
Lists of cited by and citing cases may be incomplete.

Health and Safety

Updated: 01 September 2022; Ref: scu.183313

William Speirs and Scottish Water: SIC 12 Dec 2013

Works carried out at Templeton Pumping Station – On 22 February 2013, Mr Speirs asked Scottish Water for information relating to works undertaken at Templeton Pumping Station. Scottish Water provided some information to Mr Speirs, notifying him that it did not hold one category of information. Given that Scottish Water located and provided further relevant information during the investigation, the Commissioner found that the authority had not dealt with the request entirely in accordance with the EIRs.

Citations:

[2013] ScotIC 284 – 2013

Links:

Bailii

Jurisdiction:

Scotland

Information

Updated: 31 August 2022; Ref: scu.522839

Main v The Scottish Ministers: SCS 26 Jun 2013

Judicial Review of the imposition on the Petitioner on a period of notification requirements of not less than fifteen years without provision for review within the said fifteen year period in terms of the Sexual Offences Act 2003 as amended by the Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011

Citations:

[2013] ScotCS CSOH – 103

Links:

Bailii

Jurisdiction:

Scotland

Criminal Sentencing

Updated: 31 August 2022; Ref: scu.511100

Hewage v Grampian Health Board: SCS 14 Jan 2011

The claimant had succeeded in her claim for constructive unfair dismissal, and of sex and race discrimation at the tribunal. The EAT reversed the discrimination findings saying that the claimant had not set them out in her ET1, and the Tribunal had wrongly extended them, giving the respondents no fair notice. She now appealed against the reversal of those claims.
Held: Her appeal was allowed and the EAT’s decision quashed. The case was remitted to the same employment tribunal to decide whether, if it had had regard to the only issues which the court considered to be relevant to the claims of discrimination, it would have come to the same or a different conclusion.
Lord Justice Clerk, giving the opinion of the court, said that ET’s approach was correct. It had decided that a conclusion was available to it that the Board had treated the claimant differently from the two comparators and to her detriment. In the light of its handling of the appellant’s complaints, that difference of treatment supported an inference of discrimination which it was then for the Board to rebut. When considering the inferences to be drawn from the primary facts, the employment tribunal had to assume that there was no adequate explanation for them. It was sufficient for it to decide whether, on the primary facts, it could conclude in the absence of an adequate explanation that the Board had committed an act of discrimination. If it so decided, the burden of proof shifted to the Board. As to comparators, the EAT had simply substituted its own judgment on the point on a consideration of the findings of fact. Unless the employment tribunal’s judgment on a question of that kind was absurd or perverse, it was not for the EAT to impose its own judgment on the point. It was entitled to conclude that Professor Forrester and Mr Larmour were appropriate comparators.

Judges:

Lord Justice Clerk, Lord Bonomy, Lord Nimmo Smith

Citations:

[2011] ScotCS CSIH – 4, 2011 SLT 319, 2011 GWD 4-127

Links:

Bailii

Statutes:

Sex Discrimination (Indirect Discrimination and Burden of Proof) Regulations 2001, Sex Discrimination Act 1975, Race Relations Act 1976, Employment Act 2002 (Dispute Resolution) Regulations 2004

Citing:

Appeal from – Grampian Health Board v Hewage EAT 4-Feb-2009
EAT SEX DISCRIMINATION: Burden of proof
RACE DISCRIMINATION: Inferring discrimination
Tribunal found Claimant to have suffered both sex and race discrimination in course of her employment as a . .

Cited by:

Appeal from – Hewage v Grampian Health Board SC 25-Jul-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 . .
Lists of cited by and citing cases may be incomplete.

Scotland, Discrimination, Employment

Updated: 31 August 2022; Ref: scu.428020

North and Others v Dumfries and Galloway Council and Another: SCS 7 Jan 2011

Equal pay claim: whether claimants and comparators ‘in the same employment’

Judges:

Lady Paton, Lord Hardie, Lord Abernethy

Citations:

[2011] ScotCS CSIH – 2

Links:

Bailii

Statutes:

Equal Pay Act 1970

Citing:

At EAT – Dumfries and Galloway Council v North and Others EAT 24-Apr-2009
EAT 244 Equal Pay claims by classroom assistants, support for learning assistants and nursery nurses employed by local authority. They sought to compare themselves with male manual workers based elsewhere, at . .

Cited by:

At Court of Session – North and Others v Dumfries and Galloway Council (Scotland) SC 26-Jun-2013
The claimants sought to bring an equal pay claim, but the prospective male comparators were employed at a different establishment and under different conditions. They appealed from a decision that they had not met the threshhold to make a claim.
Lists of cited by and citing cases may be incomplete.

Scotland

Updated: 31 August 2022; Ref: scu.427758

Burton, Re Direction of Assets; In re Thomas v Burton, liquidator of Ben Line Steamers Ltd: SCS 24 Dec 2010

Outer House, Court of Session

Judges:

Lord Drummond Young

Citations:

[2010] ScotCS CSOH – 174, 2011 GWD 2-103, 2011 SLT 535

Links:

Bailii

Citing:

See Also – Burton (Liquidator of Ben Line Steamers Ltd), Re an Order for Audit of Accounts SCS 20-May-2008
. .

Cited by:

Cited – In re Nortel Companies and Others SC 24-Jul-2013
The court was asked as to the interrelationship of the statutory schemes relating to the protection of employees’ pensions and to corporate insolvency.
Held: Liabilities which arose from financial support directions or contribution notices . .
Lists of cited by and citing cases may be incomplete.

Scotland

Updated: 31 August 2022; Ref: scu.427760

R and D Construction Group Ltd v Hallam Land Management Ltd: SCS 10 Dec 2010

Citations:

[2010] ScotCS CSIH – 96, 2011 GWD 2-85, 2011 SLT 326

Links:

Bailii

Citing:

Cited – IBM v Rockware Glass Ltd CA 1980
The court considered the meaning on a promise by one party to use its best endeavours to obtain a relevant planning permission.
Held: The obligation included an obligation to appeal from an initial refusal of permission so long as the . .
Lists of cited by and citing cases may be incomplete.

Scotland, Contract

Updated: 31 August 2022; Ref: scu.427435

Quigley v Hart Builders (Edinburgh) Ltd: SCS 28 Jul 2006

The pursuer, a construction worker employed by the defenders, sues in respect of two incidents or series of incidents as a result of which he claims to have suffered an injury to his lower back.

Citations:

[2006] ScotCS CSOH – 118

Links:

Bailii

Jurisdiction:

Scotland

Personal Injury, Health and Safety

Updated: 29 August 2022; Ref: scu.279618

Mcilwaine v Higson, Procurator Fiscal, Airdrie: HCJ 29 Sep 2000

A child was chased and mauled by a male Bull Mastiff, Winston, which, along with a female dog of the same breed had run out of the appellant’s house on to a grassy area where children were playing. The appellant had chased after the dogs and managed to seize the male dog after it commenced an attack on one of the children. The dog then broke free and bit the child again.
Held: The defendant’s appeal succeeded. This had been one incident: ‘The sheriff considered that this was not a ‘single incident’; by grabbing the dog’s collar, the appellant was seeking to re-establish her control over him and had succeeded in doing so for a brief period of a few seconds. The sheriff sees what followed as effectively a separate incident upon which conviction would be justified, even if it were not justified in relation to the previous stages of the attack. Having regard to the nature of the incident as a whole, both before and after the appellant’s brief and ineffectual hold on Winston’s collar, the Advocate Depute accepted that conviction would not be justified on the basis on the resumed attack alone. We are satisfied that the concession was rightly made, and the whole attack is to be regarded as a single incident’.

Judges:

Lord Prosser and Lord Penrose and Lord Bonomy

Citations:

[2000] ScotHC 94, 2000 GWD 31-1211

Links:

Bailii

Statutes:

Dangerous Dogs Act 1971 10(3)

Jurisdiction:

Scotland

Cited by:

Cited – Thomson v Procurator Fiscal, Peterhead HCJ 16-Dec-2009
The defendant appealed against her conviction for having her dog dangerously out of control in a public place. She said there had been insufficient evidence to justify the finding. The dog was said to had attacked and bitten another dog, and then . .
Lists of cited by and citing cases may be incomplete.

Crime, Animals

Updated: 29 August 2022; Ref: scu.170653

Callagan v Glasgow City Council: EAT 28 Aug 2001

EAT The claimant appealed against the dismissal of his application both in respect of allegations of disability discrimination in terms of the Disability Discrimination Act 1995 and unfair dismissal.

Judges:

Lord Johnston

Citations:

[2001] UKEAT 43 – 01 – 2808, [2002] Emp LR 24, [2001] IRLR 724

Links:

Bailii

Statutes:

Disability Discrimination Act 1995

Jurisdiction:

England and Wales

Employment, Discrimination

Updated: 29 August 2022; Ref: scu.442039

Lieut Andrew Sutherland v Elizabeth Countess of Sutherland, and Her Guardians, for Herself, and On Behalf of The Other Creditors of Skelbo: HL 26 Mar 1777

Positive Prescription – Absolute or Redeemable Right – Testing Clause.- A conveyance by charter was made of certain parts of an estate ex facie absolute, and bearing to be for a price then paid. Eight days before its date, a wadset had been granted of the same lands, in favour of the same party, which obliged the party to grant a letter of reversion. No letter of reversion was adduced, and no appearance of it on the records. The positive prescription and possession followed. Held, in the Court of Session, that the wadset right and charter qualified each other, and were to be read as one deed, and that the right was redeemable. Reversed in the House of Lords, and held that prescriptive possession on the absolute right, fortified the appellant’s title; and that the right was irredeemable. The contract of wadset having been executed by the aid of notaries; Held, that as one notary and two witnesses alone signed it, the wadset was bad.

Citations:

[1777] UKHL 2 – Paton – 415

Links:

Bailii

Jurisdiction:

Scotland

Land

Updated: 27 August 2022; Ref: scu.562005

Lord Falconer of Halkerton v David Lawson: HL 23 Feb 1778

Lease – Ambiguous Clause. – A clause in a lease of fifty-seven years, bound the tenant ‘to renounce at Lammas, before the expiry of the first nineteen years, or prorogue the same for three years, in the option of the said Lord Halkerton, and the said David Lawson.’ Held, in an action of removing brought against the tenant, that this did not import an option that might be exercised by the landlord alone. Reversed in the House of Lords, and held it an option which either landlord or tenant might use singly and alone.

Citations:

[1778] UKHL 6 – Paton – 799

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 27 August 2022; Ref: scu.562019

Alexander Irvine of Drum v George, Earl of Aberdeen, Mrs Margaret Duff or Culter, and Others: HL 16 Apr 1777

Decree of Sale – Entail – General and Special Charge.- Entail executed in shape of a procuratory of resignation, upon which charter was obtained, and this charter, but not the procuratory, produced judicially before the Court, and recorded in the Register of Tailzies. Held, that this was not perfect registration of the entail, and that the charter was not the original entail, but the procuratory. Held, circumstances not sufficient to set aside a decree of sale impugned on fraud. Held that a general and special charge, as the warrants of an adjudication cannot be called on after 20 years.

Citations:

[1777] UKHL 2 – Paton – 419, (1777) 2 Paton 419

Links:

Bailii

Jurisdiction:

Scotland

Land

Updated: 27 August 2022; Ref: scu.562007

John Livingstone Mitchell, Esq of Parkhall v The Governor and Company of Undertakers for Raising Thames Water In York Buildings, &C: HL 21 Mar 1777

Charter – Superior and Vassal – Right to Coal. – The appellant laid claim to the coal of his lands of Madiston, although in granting the feu the superior had reserved the coal. Held that neither by the clan Act, nor the charter from the Crown, subsequent to the date of the superior’s attainder, was the coal granted to the appellant’s ancestors, but that the right to the same was vested in the respondents, as disponees of the Crown.

Citations:

[1777] UKHL 6 – Paton – 795

Links:

Bailii

Jurisdiction:

Scotland

Land

Updated: 27 August 2022; Ref: scu.562004

Robert Myrton Cunyngham and Francis Cunyngham, Second and Third Sons of Sir Wm Augustus Cunyngham, Bart and Their Guardians v David Cunyngham, Esq Eldest Son of The Said Sir William: HL 5 Mar 1777

Postnuptial Contract – Reserved Faculty.- Shortly after his marriage, a party executed a postnuptial contract, settling his estate on the heirs male of the marriage, whom failing, on the heirs female of that marriage, reserving power, in case of there being no heirs male, ‘and two, three, or more daughters,’ to settle the estate on either of the daughters. He had no sons, but there were three daughters of the marriage, the two eldest of whom predeceased their father. He afterwards executed a new deed, settling the estate on the second and third sons of the youngest daughter. Held, in the Court of Session, that this deed did not fall within the special powers reserved, and was reducible, as the father’s faculty and powers were at an end. This judgment was affirmed by Lord Mansfield in the House of Lords.

Citations:

[1777] UKHL 2 – Paton – 434

Links:

Bailii

Jurisdiction:

Scotland

Family

Updated: 27 August 2022; Ref: scu.562006

Capt John Lockhart Ross of Balnagowan v Munro Ross of Pitcalny, and Miss J Ross: HL 5 Mar 1777

FeuDuty – Superior and Vassal.- A charter bound the vassal to deliver thirty bolls of corn yearly, or, in his option, 6s. 8d Scots for each boll, as conversion money. The subsequent investitures omitted the option of the conversion money. Held the superior not entitled to claim the ipsa corpora of the victual, but the conversion money only.

Citations:

[1777] UKHL 2 – Paton – 430, (1777) 2 Paton 430

Links:

Bailii

Jurisdiction:

Scotland

Land

Updated: 27 August 2022; Ref: scu.562003

Archibald Douglas, Esq In 1St and 2D Appeals v Earl of Selkirk In Second Appeal: HL 27 Mar 1777

HL Entail – Clause of Return – Prohibitory Clause – Fiar – Negative and Positive Prescription – Sasine – Revocation – Conveyance – ‘Heirs whatsoever’ – Competency of Parole to Explain this Clause – Heir Entitled to Challenge on Deathred

Citations:

[1777] UKHL 2 – Paton – 449, (1777) 2 Paton 449

Links:

Bailii

Jurisdiction:

Scotland

Land

Updated: 27 August 2022; Ref: scu.562002

Scott and East Dunbartonshire Council: SIC 22 Apr 2015

SIC Report on adaptations to a bathroom – On 28 April 2014, Mrs Scott asked East Dunbartonshire Council (the Council) for a report by a contractor on remedial works to be carried out in her bathroom.
The Council informed Mrs Scott that it did not hold the report, but provided Mrs Scott with some related information to be of assistance. Mrs Scott was dissatisfied that she had not been provided with the information she had requested and applied to the Commissioner for a decision.
Following an investigation, while the Commissioner was satisfied that the Council did not hold the report requested, she found that the Council failed to provide Mrs Scott with reasonable advice and assistance in responding to her request. She did not require the Council to take any action

Citations:

[2015] ScotIC 057 – 2015

Links:

Bailii

Jurisdiction:

Scotland

Information

Updated: 27 August 2022; Ref: scu.546450

Pelagic Freezing Ltd v Lovie Construction: SCS 28 Oct 2010

Outer House

Judges:

Lord Menzies

Citations:

[2010] ScotCS CSOH – 145

Links:

Bailii

Statutes:

Prescription and Limitation (Scotland) Act 1973 11(3)

Cited by:

Cited – David T Morrison and Co Ltd (T/A Gael Home Interiors) v ICL Plastics Ltd and Others SC 30-Jul-2014
The claimant sought damages after an explosion at the defender’s nearby premises damaged its shop. The defender said that the claim was out of time, and now appealed against a decision that time had not begun to run under the 1973 Act.
Held: . .
Lists of cited by and citing cases may be incomplete.

Scotland, Limitation

Updated: 26 August 2022; Ref: scu.425912

NJDB v JEG: SCS 22 Oct 2010

The parties dispute contact arrangements between the pursuer and their child. The cost of the proceedings, excluding judicial costs, had been estimated at about andpound;1 million, of which by far the larger proportion had been borne by the Scottish Legal Aid Board.

Judges:

Lord President, Lord Carloway, Lord Hardie

Citations:

[2010] ScotCS CSIH – 83, [2010] CSIH 83, 2010 GWD 36-746, 2010 Fam LR 134

Links:

Bailii

Statutes:

Children (Scotland) Act 1995 11

Cited by:

Appeal from – 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 . .
Lists of cited by and citing cases may be incomplete.

Scotland, Children

Updated: 25 August 2022; Ref: scu.425539

Tl Russell and Others v Transocean International Resources Ltd and Others: SCS 19 Oct 2010

Citations:

[2010] ScotCS CSIH – 82

Links:

Bailii

Jurisdiction:

Scotland

Citing:

See Also – Craig and Others v Transocean International Resources Ltd EAT 16-Dec-2008
EAT Working Time Regulations.
Annual leave of offshore workers. Whether employers had given regulation 15 notices. Whether annual leave could be taken out of onshore ‘field breaks’.
Appeal allowed and . .
Appeal from – Transocean International Resources Ltd and others v Russell and others EAT 4-Oct-2006
EAT The claimants were offshore workers the vast majority of whom were employed to work on installations situated on or over the UK Continental Shelf (‘UKCS’). They presented applications to the Employment . .

Cited by:

Appeal from – Russell and Others v Transocean International Resources Ltd and Others SC 7-Dec-2011
russell_transocean
The appellants worked on various shifts for the defendants in off-shore oil-fields. They were given on-shore rest breaks, which the employers said should count toward their holiday entitlements.
Held: The Court dismissed the employees’ appeal . .
Lists of cited by and citing cases may be incomplete.

Scotland

Updated: 25 August 2022; Ref: scu.425366

HM Secretary of State for Business Enterprise and Regulatory Reform, Re An Order To Wind Up UK Bankruptcy Ltd: SCS 21 Sep 2010

Citations:

[2010] ScotCS CSIH – 80

Links:

Bailii

Citing:

See Also – HM Secretary of State for Business Enterprise and Regulatory Reform, Re Order To Wind Up UK Bankruptcy Ltd SCS 31-Mar-2009
Outer House – Court of Session – . .
Lists of cited by and citing cases may be incomplete.

Scotland

Updated: 25 August 2022; Ref: scu.425208

EBA v The Advocate General for Scotland: SCS 10 Sep 2010

(Inner House) The petitioner wished to appeal against refusal of disability living allowance. Her appeal to the first tier tribunal was rejected, and her request to the Upper Tribunal for leave to appeal was refused. When, she then sought leave to bring judicial review of that refusal, it was said that decisions of the UT were not subject to review save in limited circumstances (excess of jurisdiction or unfairness of procedure).
Held: The court allowed the reclaiming motion, refused the cross-appeal and remitted the case to the Lord Ordinary to proceed as accords.

Judges:

Lord President, Lord Kingearth, Lord Brodie

Citations:

[2010] ScotCS CSIH – 78, 2010 SLT 1047, 2010 GWD 31-634, [2010] STC 2689, 2010 SCLR 759, 2011 SC 70, [2010] STI 2617, [2010] CSIH 78

Links:

Bailii

Citing:

Cited – Anisminic Ltd v Foreign Compensation Commission HL 17-Dec-1968
There are no degrees of nullity
The plaintiffs had owned mining property in Egypt. Their interests were damaged and or sequestrated and they sought compensation from the Respondent Commission. The plaintiffs brought an action for the declaration rejecting their claims was a . .
At Outer House – EBA, Re Judicial Review SCS 31-Mar-2010
The petitioner claimed disability living allowance. Her claim was refused, and eventually also at the Upper Tribunal, of whose decision she now sought judicial review.
Held: The Upper Tribunal being designated as a court of superior record. . .

Cited by:

Appeal from – 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 . .
Appeal from – EBA v Advocate General for Scotland SC 21-Jun-2011
The appellant had sought to challenge refusal of disability living allowance. Ultimately her request a judicial review of the Upper Tribunal’s decion was rejected on the basis that the UT, being a court of superior record, was not susceptible to . .
Lists of cited by and citing cases may be incomplete.

Scotland, Benefits, Judicial Review

Updated: 24 August 2022; Ref: scu.424090

Procurator Fiscal, Hamilton v HC: HCJ 1 Jul 2014

The sheriff stated a case, asking whether there had been sufficient corroborative evidence of a theft to found a conviction. A carer was accused of theft from a client.
Held: The opinion of a family member that there had been more money in the drawer before the alleged incident was insufficient: ‘Mr X’s evidence that there was money in the drawer, and that some of that money was missing on his return at 11.55 am, required to be corroborated. Corroboration might have taken the form of supporting evidence from his daughter. But no such corroborative evidence was lead. On that basis alone, particularly bearing in mind the authorities – McDonald v Heron 1966 SLT 61 and Stewart v Hamilton 1996 SCCR 494 – there was no corroboration of an essential fact in the circumstances of this case.’

Judges:

Lady Paton

Citations:

[2014] ScotHC HCJAC – 68

Links:

Bailii

Jurisdiction:

Scotland

Crime

Updated: 23 August 2022; Ref: scu.533867

Dundee City Council, Angus Council and Perth and Kinross Council as ‘Tayside Contracts’ v D Geddes (Contractors) Ltd: SCS 1 Jul 2014

The pursuers seek payment by the defenders of andpound;812,718, all in respect of damages for an alleged breach of contract. In order to carry out road maintenance work, Tayside Contracts purchased crushed stone from the defenders to be used in the surface dressing of roads. The claim is that loss was caused by the stone being disconform to contract.

Judges:

Lord Malcolm

Citations:

[2014] ScotCS CSOH – 105

Links:

Bailii

Jurisdiction:

Scotland

Contract

Updated: 23 August 2022; Ref: scu.534143

WS v The Mental Health Tribunal for Scotland: SCS 20 Aug 2010

Second Division, Inner House – appeal against a decision of the Mental Health Tribunal for Scotland (the Tribunal) to refuse to make an order under section 220(5) of the the 2003 Act returning the appellant from the State Hospital, Carstairs to Linden House, Yorkshire where he was formerly detained.

Judges:

Lord Justice Clerk, Lord Brodie, Lord Marnoch

Citations:

[2010] ScotCS CSIH – 74

Links:

Bailii

Statutes:

Mental Health (Care and Treatment) (Scotland) Act 2003

Scotland, Health

Updated: 22 August 2022; Ref: scu.421623

Uprichard v Order of The Scottish Ministers: SCS 30 Jul 2010

The petitioners soiught to object to the decision of the Ministers to approve a structure plan proposed for the future development of St Andrews.
Held: The request was refused.

Judges:

Lord Uist

Citations:

[2010] ScotCS CSOH – 105

Links:

Bailii

Statutes:

Town and Country Planning (Scotland) Act 1997

Jurisdiction:

Scotland

Cited by:

At Outer House – Uprichard v The Scottish Ministers and Another SCS 7-Sep-2011
The applicant sought a reclaiming motion against the local council’s Structure plan.
Held: The request was refused. Lord Justice Clerk Gill said: ‘A structure plan is that part of the statutory development plan that sets out the overall . .
See Also – Fife Council v Uprichard SCS 10-Nov-2011
The applicant had had rejected her challenge to the planning policy of the respondens. The court now considered the Council’s motion for expenses. . .
At Outer House – 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 . .
Lists of cited by and citing cases may be incomplete.

Planning

Updated: 22 August 2022; Ref: scu.421291

The Winding Up Board of Landsbanki Islands Hf v Mills and Others: OHCS 20 Jul 2010

The claimants had made claims in the insolvency of Landsbanki in Iceland. There had been a ruling by Landsbanki’s winding-up board in those Icelandic winding-up proceedings that to the extent that it was final and binding in Iceland, it must also be recognised and given effect in the United Kingdom, and that effect should also be given to the extinguishment of a claim under Icelandic law if not presented within a particular time.
Held: The ruling in Iceland had effect within the insolvency proceedings iin Scotland.

Judges:

Lord Glennie

Citations:

[2010] ScotCS CSOH – 100, [2011] 2 BCLC 437, [2010] CSOH 100, 2010 GWD 34-706

Links:

Bailii

Statutes:

Credit Institutions (Reorganisation and Winding Up) Regulations 2004

Citing:

Cited – Adams v National Bank of Greece HL 1961
Questions of interpretation and enforcement of contracts are resolved by reference to the proper law. Although debt under a contract whose proper law is the law of another jurisdiction may, for the purposes of Scots law, be discharged by insolvency . .

Cited by:

Appeal from – Heritable Bank Plc (Administrators of) v The Winding Up Board of Landsbanki Islands Hf SCS 28-Sep-2011
The appellant (H) had claimed in the responder’s (L) insolvency proceedings in Iceland. Their claim had been rejected by L’s winding-up board, and then withdrawn. L then claimed in H’s own insolvency in Scotland, saying that within the EEA, and . .
At Outer House – Heritable Bank Plc, Administrators of v The Winding-Up Board of Landsbanki Islands Hf SC 27-Feb-2013
A claim by Heritable (H) in Landsbanki’s (L) insolvency had been rejected and then withdrawn before the Icelandic court, and L now appealed against rejection of its own assertion that that Icelandic decision was binding also within its own claim . .
Lists of cited by and citing cases may be incomplete.

Scotland, Insolvency, European

Updated: 22 August 2022; Ref: scu.421293

Montgomery v Lanarkshire Health Board: SCS 30 Jul 2010

Outer House – The pursuer sought damages for personal injuries to her son at his birth, alleging negligence by the medical staff at the defender hospital. She said that she had been advised a cesarian birth for her child, but the doctors had not explained the risks.
Held: The claim was rejected. Lord Bannatyne, rejected both grounds of fault, as to the absence advice and negligence in the mamagement of the birth itself. He based his decision primarily on expert evidence of medical practice, following the approach laid down by the majority in Sidaway v Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital [1985] AC 871. However, even if Mrs Montgomery had been given advice about the risk of serious harm to her baby as a consequence of shoulder dystocia, it would have made no difference in any event, since she would not have elected to have her baby delivered by caesarean section.

Judges:

Lord Bannatyne

Citations:

[2010] ScotCS CSOH – 104

Links:

Bailii

Jurisdiction:

Scotland

Citing:

Applied – Sidaway v Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital HL 21-Feb-1985
Explanation of Medical Risks essential
The plaintiff alleged negligence in the failure by a surgeon to disclose or explain to her the risks inherent in the operation which he had advised.
Held: The appeal failed. A mentally competent patient has an absolute right to refuse to . .

Cited by:

Appeal from – NM v Lanarkshire Health Board SCS 23-Jan-2013
Inner House – The pursuer and reclaimer sought reparation for son after grave injury sustained at his birth in a maternity hospital run by the defenders and respondents. She attributes that injury to negligence in a consultant obstetrician. . .
At Outer House – Montgomery v Lanarkshire Health Board SC 11-Mar-2015
Change in Doctors’ Information Obligations
The pursuer claimed that her obstetrician had been negligent, after her son suffered severe injury at birth. The baby faced a birth with shoulder dystocia – the inability of the shoulders to pass through the pelvis. The consultant considered that a . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Professional Negligence

Updated: 22 August 2022; Ref: scu.421287

BSA International v Irvine and Others: SCS 23 Jun 2010

Outer House – second supplementary opinion. The court considerd the part of the claim as to damages for negligent misrepresntation in a share purchase agreement. As a result of section 10, it was enough to found a claim for damages that the representation was negligent: there was no need to import into the relationship of intending contractual parties concepts that had developed in the law of tort and delict to identify other situations in which a party might owe a duty of care to another as regards the accuracy of statements made by him. Lord Glennie added that the issue was likely to be almost entirely academic, since the criteria for the imposition of a duty of care would invariably be satisfied when the misstatement was an operative misrepresentation, in the sense in which that expression had been used by Prof J M Thomson in his article, ‘Misrepresentation’, 2001 SLT 279: that is to say, an inaccurate statement of fact made in pre-contractual discussions which induced the misrepresentee to enter into the contract and which would have induced a reasonable person to do so.

Judges:

Lord Glennie

Citations:

[2010] CSOH 78, [2010] ScotCS CSOH – 78

Links:

Bailii

Statutes:

Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 10

Citing:

See Also – BSA International Sa v Irvine and Others SCS 27-May-2009
Opinon – the defenders had sold their shares in a company to the pursuer under a share purchase agreement. The pursuers asserted negligent misrepresentation and breach of warranty . .

Cited by:

Approved – Cramaso Llp v Ogilvie-Grant, Earl of Seafield and Others SC 12-Feb-2014
The defenders owned a substantial grouse moor in Scotland. There had been difficulties with grouse stocks, and steps taken over years to allow stocks to recover. They had responded to enquiries from one Mr Erskine with misleading figures. Mr Erskine . .
Lists of cited by and citing cases may be incomplete.

Scotland, Torts – Other, Damages

Updated: 21 August 2022; Ref: scu.420839

Integrated Building Services Engineering Consultants Ltd (T/A Operon) v PIHL UK Ltd: SCS 1 Jul 2010

In Scots law it would be inequitable for a debtor of a bankrupt to be required to pay his debt in full, while he could only get a dividend for the debt due to him by the bankrupt, but there is no consensus as to whether this principle is a species of retention, as Lord McLaren in Ross v Ross (1895) 22 R 461 suggests, or an extension of compensation by which one claim may be set-off against another, resulting in the extinction of the former claim.

Judges:

Lord Hodge

Citations:

[2010] ScotCS CSOH – 80

Links:

Bailii

Citing:

Considered – Ross v Ross SCS 1895
The pursuer was the widow of Sir Charles Ross who died in 1883 and was succeeded by his pupil son. From then until 1893, when her son attained majority, the pursuer had acted as his sole tutor and curator. She was entitled to an annuity of . .

Cited by:

Cited – Heritable Bank Plc, Administrators of v The Winding-Up Board of Landsbanki Islands Hf SC 27-Feb-2013
A claim by Heritable (H) in Landsbanki’s (L) insolvency had been rejected and then withdrawn before the Icelandic court, and L now appealed against rejection of its own assertion that that Icelandic decision was binding also within its own claim . .
Lists of cited by and citing cases may be incomplete.

Scotland, Insolvency

Updated: 21 August 2022; Ref: scu.420859

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 – 52, 2011 SLT 44, 2010 SC 698, 2010 SCLR 718, [2010] CSIH 52, [2010] IRLR 1053, 2010 GWD 27-536

Links:

Bailii

Statutes:

Employment Rights Act 1996 94(1) 244(1)

Citing:

Cited – Serco Ltd v Lawson; Botham v Ministry of Defence; Crofts and others v Veta Limited HL 26-Jan-2006
Mr Lawson was employed by Serco as a security supervisor at the British RAF base on Ascension Island, which is a dependency of the British Overseas Territory of St Helena. Mr Botham was employed as a youth worker at various Ministry of Defence . .

Cited by:

Appeal from – Ravat v Halliburton Manufacturing and Services Ltd SC 8-Feb-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.
Lists of cited by and citing cases may be incomplete.

Scotland, Employment

Updated: 21 August 2022; Ref: scu.420845

HM Advocate v Lauchlan and Another: HCJ 14 Jan 2010

Judges:

Lord Kinclaven

Citations:

[2010] ScotHC HCJ – 1

Links:

Bailii

Citing:

See also – Lauchlan and Another v HM Advocate HCJ 5-Jun-2009
The appellants were charged with murder. They appealed against an extension of time given to allow the prosecution to proceed.
Held: The appeal failed. . .
See also – HM Advocate v Lauchlan and Another SCS 17-Jul-2009
Decision as to preliminary issues raised. . .

Cited by:

See Also – HM Advocate v Lauchlan and Another HCJ 2-Jul-2010
. .
See Also – Lauchlan and Another v Her Majesty’s Advocate HCJ 8-Feb-2012
. .
See Also – Lauchlan and Another v HM Advocate HCJ 19-Apr-2012
. .
See Also – O’Neill v The United Kingdom ECHR 13-Nov-2012
. .
See Also – O’Neill v Her Majesty’s Advocate No 2 SC 13-Jun-2013
The appellants had been convicted of murder, it being said that they had disposed of her body at sea. They now said that the delay between being first questioned and being charged infringed their rights to a trial within a reasonable time, and . .
Lists of cited by and citing cases may be incomplete.

Scotland, Crime

Updated: 21 August 2022; Ref: scu.420811

RJ Soutar v Dundee City Council: SIC 1 Jul 2014

Aggregation of requests/environmental information – On 9 September 2013, Mr Soutar asked Dundee City Council (the Council) for information on several topics, which he grouped into six sets of questions. The Council refused to respond, on the basis that it would cost in excess of the andpound;600 cost limit to do so.
The Commissioner found that the Council was wrong to aggregate all of Mr Soutar’s requests for the purposes of applying the cost limit, and also that is should have identified some of Mr Soutar’s requests as seeking environmental information. She found that the Council should have provided advice and assistance to help Mr Soutar narrow his requests, and required the Council to issue further (compliant) responses to Mr Soutar.

Citations:

[2014] ScotIC 143 – 2014

Links:

Bailii

Jurisdiction:

Scotland

Information

Updated: 19 August 2022; Ref: scu.535099

STV Central Ltd v Semple Fraser Ltd and CBRE Ltd: SCS 9 May 2014

The first defendant had admitted negligence in the drafting of a rent review clause, but the second defendant, a firm of surveyors, now argued that it was not liable to contribute to the damages for negligence asserted against it.

Judges:

Lord Woolman

Citations:

[2014] ScotCS CSOH – 82

Links:

Bailii

Statutes:

Law Reform (Contributory Negligence) (Scotland) Act 1940

Jurisdiction:

Scotland

Negligence

Updated: 19 August 2022; Ref: scu.525468

Falconar Stewart v Wilkies: SCS 16 Mar 1892

A person disponed heritable estate to persons in a certain order of succession ‘under this declaration, burden, and condition, that in the event of any part of the said lands and estate . . that may remain unsold at my death being thereafter sold or disposed of or excambed by any proprietor or possessor of the same, or adjudged or attempted to be adjudged or carried away in any manner of way for his or her debt, that then and in any of these events there shall be paid out of the price of the lands . . if and when sold, or created a real lien and burden upon the same if they shall remain unsold, to and in favour of such of the children of G. F. as may then be in existence, or to their heirs equally to and among them, the sum of pounds 10,000.’ . . One of the proprietors of the estate under this disposition gratuitously disponed it to a line of heirs so that shortly the estate would be given to a person not within the line originally pointed out.
Held that there was an obligation upon such person on succeeding to the estate to create a real burden over it for the sum of pounds 10,000 in favour of the children of G. F. or their heirs.

Judges:

Lord Kyllachy, Ordinary

Citations:

[1892] SLR 29 – 534

Links:

Bailii

Jurisdiction:

Scotland

Wills and Probate

Updated: 18 August 2022; Ref: scu.613479