Category: Scotland

Gary Follen v Her Majesty’s Advocate: PC 8 Mar 2001

PC High Court of Justiciary (Scotland) The defendant said that a trial under the section infringed his right to a fair trial, because of a ten month delay by the prosecutor. On arrest he had been recalled to serve the remainer of a sentence, and served longer than the 110 day maximum before his case came to trial.
Held: Upon re-arrest he was serving the time under earlier sentence. The defendant had raised the devolution issue only at this stage. The Committee had itself no original jurisdiction to hear such a complaint. Following Montgomery, it had to be heard first in the High Court of Justiciary. In this case, the court refusing leave to appeal would have avoided much difficulty by giving reasons for its refusal.
Where the Appeal Court refused leave without giving reasons, the Board might find it difficult to appreciate that a petition for special leave to appeal was without merit from the information given on paper by the petitioner.

Judges:

Lord Bingham of Cornhill, Lord Hope of Craighead, Lord Millett

Citations:

DP No. 1 of 2000, [2001] UKPC D2

Links:

PC, PC, Bailii

Statutes:

Misuse of Drugs Act 1971 4(3)(b)

Citing:

Applied – Wallace v H M Advocate 1959
The running of the 110 day maximum period for detention after which a trial must have begun, was interrupted when the accused began to serve a sentence of imprisonment on another matter. He was no longer being detained because of the committal . .
Cited – Montgomery and Coulter v Her Majesty’s Advocate PC 19-Oct-2000
The test of whether a defendant’s common law right to a fair trial had been damaged by pre-trial publicity was similar to the test under the Convention, and also where there was any plea of oppression. The substantial difference is that no balancing . .
Cited – Re X, Petitioner 1995
. .
Cited – J T A K v H M Advocate 1991
. .

Cited by:

Cited – Kinloch v Her Majesty’s Advocate SC 19-Dec-2012
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 . .
Lists of cited by and citing cases may be incomplete.

Scotland, Crime, Human Rights

Updated: 07 June 2022; Ref: scu.179259

Mclaren Murdoch and Hamilton Limited v the Abercromby Motor Group Ltd: OHCS 22 Nov 2002

The claimant architects sought payment of their professional fees. The defenders alleged negligence and breach of contract.
Held: The fee must be based on the final account in the building contract, and not on any budget figure.

Judges:

Lord Drummond Young

Citations:

[2002] ScotCS 299

Links:

ScotC, Bailii

Scotland, Construction

Updated: 07 June 2022; Ref: scu.179400

BP Exploration Operating Co Ltd v Chevron Shipping Company Chevron Transport Corporation Chevron Tankers (Bermuda) Limited: OHCS 13 Nov 2002

Judges:

Lord Hamilton

Citations:

[2002] ScotCS 291

Links:

Bailii, Bailii

Jurisdiction:

Scotland

Citing:

See Also – BP Exploration Operating Co Ltd v Chevron Transport (Scotland) HL 18-Oct-2001
A ship owned by the defenders caused substantial damage whilst moored at the claimant’s docks. The claim was made against different members of the defendants as they asserted and denied responsibility. The last company asserted that the claim was . .
Lists of cited by and citing cases may be incomplete.

Scotland

Updated: 07 June 2022; Ref: scu.179407

Lorna Morrice v Martin Retail Group Limited: OHCS 22 Nov 2002

An accident occurred on 16 April 1997 and the action was raised on 21 November 2000. The pursuer averred that it would be equitable in the circumstances to allow her to bring the action out of time. The action had not been raised within the triennium because the firm of claim handlers acting on behalf of the pursuer had mistakenly noted on their file that the date of the accident was 16 April 1998.
Held: In refusing the claim: ‘It appears to me that, in a case like the present, where there is an admitted culpable act of negligence by the pursuer’s representatives in not raising the action timeously, it is simply insufficient to aver the fact of that negligent act. Frequently where the power conferred by section 19A is prayed in aid by a pursuer, there has been an oversight or omission by those acting for him to raise the action timeously. The court’s discretionary power, conferred by section 19A, is to be exercised when it seems to the court that it is equitable to do so. Before the pursuer can succeed in persuading the court to exercise the power he must, in my judgment, set out appropriate facts and circumstances which point to it being equitable, notwithstanding the oversight or omission by those acting on his behalf, that the action should be allowed to proceed. Those facts and circumstances will include, no doubt among other things, the reason for the oversight or omission, how excusable the oversight or omission was, and the prejudice to the pursuer (including the extent of any such prejudice) if the action were not to proceed. It is clear from the authorities, cited by counsel for the defenders, that these factors have to be averred with some degree of specification (and if necessary proved). The section 19A power cannot, in my judgment, be regarded as simply providing an automatic release from the consequences of a pursuer’s representative’s negligence. In the present case, even after amendment, the pursuer’s pleadings, in my opinion, provide no basis which would justify the court being persuaded that, notwithstanding the oversight or omission in this case, it would be equitable for the pursuer to be allowed to bring her action. This is particularly so where it is accepted, as it was, that a refusal to exercise the section 19A power would involve no real prejudice to the pursuer.’

Judges:

Lord Clarke

Citations:

[2002] ScotCS 298, 2003 SCLR 289

Links:

ScotC, Bailii

Cited by:

Cited – David Lannigan v Glasgow City Council OHCS 12-Aug-2004
The pursuer said the teachers employed by the defendant had failed to identify that was dyslexic, leading him to suffer damage. The defenders said the claim was time barred, which the pursuer admitted, but then said that the claim ought to go ahead . .
Lists of cited by and citing cases may be incomplete.

Scotland, Limitation

Updated: 07 June 2022; Ref: scu.179397

Bruce v Dignity Funerals Ltd (Formerly SCI Funerals Ltd): EAT 22 Nov 2002

Judges:

The Honourable Lord Johnston

Citations:

EATS/0015/02, [2002] UKEAT 0015 – 02 – 2211

Links:

Bailii, EAT

Statutes:

Employment Rights Act 1996 123(1)

Citing:

Mentioned – Edwards v The Governors of Hanson School EAT 11-Jan-2001
EAT Unfair Dismissal – Procedural fairness/automatically unfair dismissal. . .

Cited by:

Appeal from – Dignity Funerals Limited v Bruce OHCS 14-Oct-2004
The employee was found to have been unfairly dismissed. The employer appealed the compensatory award which was based on his depressive illness. They said that the illness predated the dismissal.
Held: The EAT’s decision was set aside. In . .
Lists of cited by and citing cases may be incomplete.

Employment, Scotland, Damages

Updated: 06 June 2022; Ref: scu.178501

Regina v HM Advocate and The Advocate General for Scotland: PC 28 Nov 2002

(The High Court of Justiciary) The prosecution had accepted that the matter had been the subject of unreasonable delay, but wished to continue. The defendant sought a plea in bar, on the basis that continuing would infringe his rights.
Held: Once it was accepted that the delay took the prosecution outside the defendant’s right to a fair trial within a reasonable time, the prosecution must fail. Section 57 simply came into effect. The reasonable time provisions of the convention must be applied throughout the proceedings until they were determined. The Scottish system had accepted rigorous time limits, and they must be applied. This case would reinforce the need for compliance.

Judges:

Steyn, Hope of Craighead, Clyde, Rodger of Earlsferry, Walker of Gestingthorpe LL

Citations:

Times 06-Dec-2002, [2002] UKPC D3, [2003] 2 WLR 317, 2003 SCCR 19, [2004] 1 AC 462, 2002 GWD 39-1280, 2003 SC (PC) 21, [2003] UKHRR 1, 2003 SLT 4

Links:

PC, Bailii

Statutes:

Scotland Act 1998 57(2), European Convention on Human Rights 6.1, Human Rights Act 1998

Citing:

Cited – Stogmuller v Austria ECHR 10-Nov-1969
Hudoc Violation of Art. 5-3; Just satisfaction reserved
The court contrasted the stipulation in article 6(1)-the general requirement for a hearing of any proceedings, civil or criminal, ‘within a reasonable . .
Cited – Attorney General’s Reference (No 2 of 2001) CACD 12-Jul-2001
When assessing whether the defendant’s right to a trial within a reasonable time had been infringed, the court should look as from the date at which he was charged, or served with a summons, and not from the date of the first interview. Although a . .

Cited by:

Cited – Attorney-General’s Reference (No 2 of 2001) HL 11-Dec-2003
The house was asked whether it might be correct to stay criminal proceedings as an abuse where for delay. The defendants were prisoners in a prison riot in 1998. The case only came on for trial in 2001, when they submitted that the delay was an . .
Cited – Somerville v Scottish Ministers HL 24-Oct-2007
The claimants complained of their segregation while in prison. Several preliminary questions were to be decided: whether damages might be payable for breach of a Convention Right; wheher the act of a prison governor was the act of the executive; . .
Cited – Spiers v Ruddy PC 12-Dec-2007
Limits to Powers in Devolution Cases
Mr Spiers had complained as to the competency of two temporary sheriffs called to hear case against him, saying that the temporary nature of their appointments did not allow them to constitute an independent tribunal. He now complained that the . .
Cited – Rutter, Regina (on the Application of) v The General Teaching Council for England Admn 1-Feb-2008
The applicant challenged a decision of disciplinary committee to go ahead with an allegation of misconduct after considerable delay by council and failure to abide by its own rules. After not receiving a notice of proceedings the applicant had . .
Cited – BH and Another v The Lord Advocate and Another SC 20-Jun-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 . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Scotland, Human Rights

Updated: 06 June 2022; Ref: scu.178348

O’Neill v South Lanarkshire Council: SIC 18 Dec 2014

SIC Replacement of Biggar Primary School – On 2 July 2014, Ms O’Neill asked South Lanarkshire Council (the Council) for information in five emails relating to the new Biggar Primary School. The Council responded by disclosing some information. It also decided that some of the information within the emails (which it redacted) was excepted from disclosure under the EIRs.
The Commissioner accepted that the information was excepted from disclosure: it related to internal communications and the public interest favoured the information being withheld.

Citations:

[2014] ScotIC 260 – 2014

Links:

Bailii

Jurisdiction:

Scotland

Information

Updated: 06 June 2022; Ref: scu.542674

Campbell v South Lanarkshire Council: SIC 26 Aug 2014

Biggar Primary School – Mr Campbell asked South Lanarkshire Council (the Council) for the Education Service Brief submitted to the architects who drew up the plans for Biggar Primary School. The Council responded provided some information to Mr Campbell, but not the Project Brief he was looking for.
Following an investigation, the Commissioner found that the Council had provided all the information it held.

Citations:

[2014] ScotIC 184 – 2014

Links:

Bailii

Jurisdiction:

Scotland

Information

Updated: 06 June 2022; Ref: scu.538065

South Lanarkshire Council v Coface Sa: SCS 27 Jan 2015

Outer House The pursuer seeks payment of the sum of andpound;4,499,410.32 under a performance guarantee Bond. The defender contends that the notice served by the pursuer to trigger the Bond was invalid. Liability turns on two interlinked issues. First, what is the proper construction of the Bond? Second, did the notice comply with the terms of the Bond?

Judges:

Lord Woolman

Citations:

[2015] ScotCS CSOH – 8

Links:

Bailii

Jurisdiction:

Scotland

Construction

Updated: 06 June 2022; Ref: scu.541998

Mr X and South Lanarkshire Council (Investigation Into Report of Anti-Social Behaviour): SIC 8 Sep 2015

Investigation into report of anti-social behaviour – On 13 March 2015, Mr X asked South Lanarkshire Council (the Council) for a copy of an investigation he understood it had carried out.
The Council refused to confirm or deny whether it held any such information, but stated that if the information existed and was held, it would be personal data which was exempt from disclosure under FOISA. Following a review, Mr X remained dissatisfied and applied to the Commissioner for a decision.
Following an investigation, the Commissioner found that the Council was entitled to neither confirm nor deny whether it held information which would address Mr X’s request.

Citations:

[2015] ScotIC 142 – 2015

Links:

Bailii

Jurisdiction:

Scotland

Information

Updated: 06 June 2022; Ref: scu.552564

Y v South Lanarkshire Council: SIC 19 Dec 2014

SIC Name of a dog owner – On 3 July 2014, Mr Y asked South Lanarkshire Council (the Council) for the name of the legal owner of a specific dog. The Council withheld this information. Following a review, Mr Y remained dissatisfied and applied to the Commissioner for a decision.
The Commissioner investigated and accepted that the Council was entitled to withhold the name of the owner on the basis that disclosure would breach the Data Protection Act 1998.

Citations:

[2014] ScotIC 263 – 2014

Links:

Bailii

Jurisdiction:

Scotland

Information

Updated: 06 June 2022; Ref: scu.542672

South Lanarkshire Council v McKenna: ScSf 3 Jan 2014

ScSf This appeal arises from two distinct decisions taken by the sheriff in the context of a summary cause action for recovery of possession of a house let on a short Scottish secure tenancy under sections 34 to 37 of the Housing (Scotland) Act 2001. In advance of the appeal hearing, both sides had prepared extensive and detailed written submissions.
Held: The sheriff principal, having resumed consideration of the appeal, Refuses same; Answers the questions posed by the sheriff in the stated case in the negative; Adheres to the interlocutors of the sheriff dated 22 April and 5 November 2010; Finds the defender liable to the pursuers in the expenses of the appeal procedure; Allows an account thereof to be given in and remits same, when lodged, to the auditor of court to tax and to report thereon.

Judges:

Sheriff Principal C A L Scott QC

Citations:

[2014] ScotSC 1

Links:

Bailii

Jurisdiction:

Scotland

Housing

Updated: 06 June 2022; Ref: scu.519735

Noble v South Lanarkshire Council: SIC 26 Feb 2014

Access to development site – On 7 July 2013, Mr Noble asked South Lanarkshire Council (the Council) for information relating to site access for construction traffic at a particular location in South Lanarkshire. Following a review, the Council withheld the information as personal data, disclosure of which would breach the first data protection principle.
Following an investigation, the Commissioner found that the Council had failed to respond to the first part of Mr Noble’s request and required it to do so. She also found that the Council did not hold any information falling within the scope of the second part of the request: it had wrongly identified the withheld information as relevant.

Citations:

[2014] ScotIC 050 – 2014

Links:

Bailii

Jurisdiction:

Scotland

Information

Updated: 06 June 2022; Ref: scu.522723

Millar v South Lanarkshire Council: SIC 3 Dec 2013

SIC On 6 June 2013, Ms Millar asked South Lanarkshire Council (the Council) for the written responses from all parents with regard to their views on the future rebuild or discontinuation of Crawfordjohn Primary School. The Council withheld this information under section 38(1)(b) of FOISA, as personal data, the disclosure of which would breach the first data protection principle. The Commissioner accepted this following an investigation.

Citations:

[2013] ScotIC 272 – 2013

Links:

Bailii

Jurisdiction:

Scotland

Information

Updated: 06 June 2022; Ref: scu.522841

Patersons of Greenoakhill Ltd v South Lanarkshire Council: SCS 7 Feb 2014

The responders sought an interim order under regulation 48(1) suspending its duties under regulation 47(9) as to the tendering process for receipt, separation, recycling and disposal of unsorted municipal waste

Judges:

Lord Tyre

Citations:

[2014] ScotCS CSOH – 21

Links:

Bailii

Statutes:

Public Contracts (Scotland) Regulations 2012 48(1)

Jurisdiction:

Scotland

Local Government

Updated: 06 June 2022; Ref: scu.521146

Adams and Others v Lord Advocate: IHCS 31 Jul 2002

(Opinion) The applicants challenged the introduction of restrictions of hunting by foxes, arguing that the law would infringe their human rights.
Held: The Act was not infringing. Fox hunting as such was not a private activity protected by the Convention, and the interference with property rights was justified by the balancing interest of preventing cruelty to animals. The discrimination which was necessarily part of the engagement of the applicant’s human rights, was justified.
The complaint that the Act was ultra vires the parliament also failed. It was wrong to import the common law concepts in considering the competence of the Scottish Parliament.

Judges:

Lord Nimmo Smith

Citations:

Times 08-Aug-2002, [2002] ScotCS 344, 2002 SCLR 881, 2003 SLT 366, 2002 GWD 26-879, [2002] UKHRR 1189, 2003 SC 171

Links:

Bailii

Statutes:

European Convention on Human Rights 8 14 1st protocol, Protection of Wild Mammals (Scotland) Act 2002, Protection of Wild Mammals (Scotland) Act 2002 (Commencement) Order 2002

Citing:

Cited – Klass And Others v Germany ECHR 6-Sep-1978
(Plenary Court) The claimant objected to the disclosure by the police of matters revealed during their investigation, but in this case, it was held, disclosure even after the event ‘might well jeopardise the long-term purpose that originally . .
Cited – Young, James And Webster v The United Kingdom ECHR 18-Oct-1982
Hudoc Judgment (Just satisfaction) Pecuniary damage – financial award; Non-pecuniary damage – financial award; Costs and expenses award – Convention proceedings
ECHR . .
Cited – Krone Verlag Gmbh and Co Kg v Austria ECHR 26-Feb-2002
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 10; Pecuniary damage – financial award; Costs and expenses award – domestic proceedings; Costs and expenses award – Convention proceedings; . .
Cited – Norris v Ireland ECHR 26-Oct-1988
A homosexual man complained that the criminalisation of homosexual conduct in Ireland violated his article 8 right to respect for his private life, although he accepted that the risk of being prosecuted was remote.
Held: The court accepted . .
Cited – Purcell v Ireland ECHR 16-Apr-1991
The applicants were several individuals and two trades unions who complained that a ministerial order made under legislation relating to broadcasting infringed their rights under Article 10 of the Convention.
Held: The Commission rejected the . .
Cited – Chassagnou and Others v France ECHR 29-Apr-1999
A law permitted local authorities to oblige landowners to transfer hunting rights over private land to approved hunting associations. The landowners could not prevent hunting on their property. Landowners so affected were made members automatically . .
Cited – Handyside v The United Kingdom ECHR 7-Dec-1976
Freedom of Expression is Fundamental to Society
The appellant had published a ‘Little Red Schoolbook’. He was convicted under the 1959 and 1964 Acts on the basis that the book was obscene, it tending to deprave and corrupt its target audience, children. The book claimed that it was intended to . .

Cited by:

Cited – Imperial Tobacco Ltd v The Lord Advocate SC 12-Dec-2012
The claimant company said that the 2010 Act was outside the competence of the Scottish Parliament insofar as it severely restricted the capacity of those selling cigarettes to display them for sale. They suggested two faults. First, that the subject . .
Cited – Local Government Byelaws (Wales) Bill 2012 – Reference By The Attorney General for England and Wales SC 21-Nov-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 . .
Lists of cited by and citing cases may be incomplete.

Scotland, Human Rights, Animals, Constitutional

Updated: 06 June 2022; Ref: scu.174454

Mills v HM Advocate and Another: PC 22 Jul 2002

(The High Court of Justiciary) The defendant appealed on the basis that the delay in the sentencing process had resulted in an infringement of his human rights.
Held: The appeal itself had been without merit. The delay had been to such an extent as to amount to an infringement of his human rights, but this had been compensated for in a reduction in the sentence he was to serve. There was no Human Rights case law to suggest that such a delay should lead to a setting aside of the conviction itself. He sought to rely on Darmalingum, but that should not be relied upon in this case. It was the duty of each contracting state to give effect to the Convention. In this case, the national authority had acknowledged in a sufficiently clear way its failure to meet the reasonable time requirement and had afforded redress by reducing the sentence.

Judges:

Lord Nicholls of Birkenhead, Lord Mackay of Clashfern, Lord Steyn, Lord Hope of Craighead and Lord Scott of Foscote

Citations:

Times 23-Jul-2002, [2002] UKPC D2, [2004] 1 AC 441 (PC)

Links:

PC, PC, Bailii

Statutes:

European Convention on Human Rights 6.1

Citing:

Cited – Dyer v Watson and Burrows PC 29-Jan-2002
Parties challenged the compliance of proceedings with the convention where there had been considerable delay.
Held: The reasonable detention provision (article 5(3)) and the reasonable time requirement (article 6(1)) conferred free-standing . .
Cited – Bunkate v The Netherlands ECHR 26-May-1993
Hudoc Judgment (Merits and just satisfaction) Case not struck out of the list; Violation of Art. 6-1; Pecuniary damage – claim rejected; Non-pecuniary damage – claim rejected . .
Distinguished – Darmalingum v The State PC 10-Jul-2000
(Mauritius) The constitutional right of a defendant to have his case tried within a reasonable time applied not just to the initial trial but also to any appeal arising from that trial. Where there had been inordinate and inexcusable delay between . .
Distinguished – Flowers v The Queen PC 30-Oct-2000
(Jamaica) Where a defendant claimed that his constitutional right to a trial within a reasonable time had been infringed, it was correct for the appellate courts to take account of the fact that it remained clear that the defendant was guilty of a . .
Cited – Eckle v Germany ECHR 15-Jul-1982
Two fraud prosecutions against the claimants had lasted for 15 and 20 years respectively.
Held: Article 6.1 applies to all stages of criminal proceedings, including sentencing and any appeal. The ‘reasonable time’ in criminal matters, . .

Cited by:

Cited – Regina v Ashton, Lyons and Webber CACD 6-Dec-2002
The appellants had appealed sentences for conspiracy to murder. There had been an inordinate delay between leave to appeal having been granted, and the appeal being heard.
Held: The appellants’ rights had been infringed by the delay, and they . .
Cited – Ramawat Dosoruth v The State of Mauritius The Director of Public Prosecutions PC 21-Oct-2004
PC (Mauritius) The defendant challenged his conviction for having taken a bribe saying there had been an injustice, and seeking protection directly under the constitution. The evidence against him was that a . .
Cited – McInnes v Her Majesty’s Advocate SC 10-Feb-2010
The defendant complained that the prosecution had not disclosed the fact that a prosecution witness had convictions, and that had it been disclosed it would have undermined the prosecution. Other statements taken were not disclosed as had later . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Criminal Sentencing, Scotland

Updated: 06 June 2022; Ref: scu.174419

Her Majesty’s Advocate v Abdelbaset Ali Mohmed Al Megrahi and Al Amin Khalifa Fhimah: HCJ 8 Dec 1999

The court considered whether the criminal complaint that the defendants had been part of a conspiracy to set a bomb aboard an airliner which exploded over Scotland, was justiciable in Scotland. Lord Sutherland: ‘Where however, a crime of the utmost gravity has been in fact committed in a particular country and it can be shown that that crime is the culmination of a long drawn out and complex conspiracy, it appears to me quite illogical to say that that country has no interest in putting the conspirators on trial for their part in what has happened, even though their activities were all carried out abroad. Defence counsel recognise that this is undoubtedly so in relation to the charge of murder in Scotland. I see no logical reason why the same principle should not apply to the charge of conspiring to commit the final criminal act, which is alleged to be the culmination and the whole purpose of the conspiracy.’

Judges:

Lord Sutherland

Citations:

[1999] ScotHC 248

Links:

Bailii, ScotC

Jurisdiction:

Scotland

Citing:

See Also – Pet and Complaint of Abdelbasset Ali Mohamed Al Megrahi and Al Amin Khalifa Fhima v Times Newspapers Ltd and John Witherow and Nicholas Rufford HCJ 10-Aug-1999
. .
Cited – Director of Public Prosecutions v Doot HL 1973
The defendants were charged with conspiracy to import dangerous drugs into the United Kingdom. Their counsel submitted that they could not be tried in England since the conspiracy had been formed abroad.
Held: There could be no breach of any . .
Cited – Somchai Liangsiriprasert v Government of the United States of America PC 1991
(Hong Kong) Application was made for the defendant’s extradition from Hong Kong to the USA. The question was whether a conspiracy entered into outside Hong Kong with the intention of committing the criminal offence of trafficking in drugs in Hong . .

Cited by:

Cited – Office of the King’s Prosecutor, Brussels v Cando Armas and others HL 17-Nov-2005
The defendant resisted extradition to Brussels saying that the offence had been committed in part in England. He had absconded and been convicted. Application was made for his return to serve his sentence. The offences associated with organisation . .
See Also – Her Majesty’s Advocate v Abdelbaset Ali Mohmed Al Megrahi and Ali Amin Khalifa Fhimah, Prisoners In the Prison of Zeist, Camp Zeist (Kamp Van Zeist), the Netherlands HCJ 10-Oct-2000
. .
See Also – Abdelbaset Ali Mohmed Al Megrahi v Her Majesty’s Advocate HCJ 29-Jun-2001
. .
See Also – Megrahi v Her Majesty’s Advocate HCJ 14-Mar-2002
. .
See Also – Megrahi v Her Majesty’s Advocate HCJ 14-Mar-2002
. .
See Also – Abdelbaset Ali Mohmed Al Megrahi v Her Majesty’s Advocate HCJ 14-Mar-2002
. .
See Also – Megrahi v Her Majesty’s Advocate HCJ 7-Mar-2008
. .
See Also – Megrahi v Her Majesty’s Advocate HCJ 15-Oct-2008
. .
See Also – Megrahi v Her Majesty’s Advocate HCJ 14-Nov-2008
. .
See Also – Her Majesty’s Advocate v Abdelbaset Ali Mohmed Al Megrahi and Al Amin Khalifa Fhimah HCJ 31-Jan-2001
. .
Lists of cited by and citing cases may be incomplete.

Scotland, Crime

Updated: 06 June 2022; Ref: scu.170756

Hoekstra and Van Rijs etc v Her Majesty’s Advocate: HCJ 18 Jan 2001

Judges:

Lord Justice General and Lord Philip and Lord Weir

Citations:

[2001] ScotHC 1

Links:

Bailii, ScotC

Citing:

See Also – Note of Appeal Against Conviction and Sentence By Lieuwe Hoekstra and Jan Van Rijs and Ronny Van Rijs and Hendrik Van Rijs v Her Majesty’s Advocate HCJ 28-Jan-2000
. .
See Also – Lieuwe Hoekstra and Jan Van Rijs and Ronny Van Rijs and Endrik Van Rijs v Her Majesty’s Advocate HCJ 7-Mar-2000
. .
See Also – Liewe Hoekstra and Jan Van Rijs and Ronny Van Rijs and Hendrik Van Rijs v Hm Advocate HCJ 14-Apr-2000
A judge, having given judgment in an appeal case involving the application of the convention on Human Rights, wrote and published an article critical of the convention, and of its application in national law. The appeal decision was set aside, since . .
See Also – Lieuwe Hoekstra and Jan Van Rijs and Ronny Van Rijs and Hendrik Van Rijs v Her Majesty’s Advocate HCJ 2-Jun-2000
. .
Cited – Hoekstra and Others v Her Majesty’s Advocate High Court of Justiciary PC 26-Oct-2000
The Privy Council has no standing to act as a general court of appeal on Scottish law. The jurisdiction given to it by the Act, was limited as prescribed by the Act to what are called devolution issues, issues related to the acts of devolution. Not . .

Cited by:

Cited – Hoekstra and Van Rijs and Van Rijs and Van Rijs v Her Majesty’s Advocate HCJ 23-Jan-2002
. .
Lists of cited by and citing cases may be incomplete.

Scotland, Crime

Updated: 06 June 2022; Ref: scu.170629

Hoekstra and Van Rijs and Van Rijs and Van Rijs v Her Majesty’s Advocate: HCJ 23 Jan 2002

Judges:

Lord Coulsfield and Lord Justice Clerk and Lord Osborne

Citations:

[2002] ScotCS 20

Links:

ScotC, Bailii

Citing:

See Also – Note of Appeal Against Conviction and Sentence By Lieuwe Hoekstra and Jan Van Rijs and Ronny Van Rijs and Hendrik Van Rijs v Her Majesty’s Advocate HCJ 28-Jan-2000
. .
See Also – Lieuwe Hoekstra and Jan Van Rijs and Ronny Van Rijs and Endrik Van Rijs v Her Majesty’s Advocate HCJ 7-Mar-2000
. .
See Also – Liewe Hoekstra and Jan Van Rijs and Ronny Van Rijs and Hendrik Van Rijs v Hm Advocate HCJ 14-Apr-2000
A judge, having given judgment in an appeal case involving the application of the convention on Human Rights, wrote and published an article critical of the convention, and of its application in national law. The appeal decision was set aside, since . .
See Also – Lieuwe Hoekstra and Jan Van Rijs and Ronny Van Rijs and Hendrik Van Rijs v Her Majesty’s Advocate HCJ 2-Jun-2000
. .
Cited – Hoekstra and Others v Her Majesty’s Advocate High Court of Justiciary PC 26-Oct-2000
The Privy Council has no standing to act as a general court of appeal on Scottish law. The jurisdiction given to it by the Act, was limited as prescribed by the Act to what are called devolution issues, issues related to the acts of devolution. Not . .
Cited – Hoekstra and Van Rijs etc v Her Majesty’s Advocate HCJ 18-Jan-2001
. .
Lists of cited by and citing cases may be incomplete.

Scotland, Crime

Updated: 06 June 2022; Ref: scu.170523

Isabella Doris Briggs Or Broadway v Clydesdale Bank Plc: OHCS 26 May 2000

Where a guarantor sought to deny liability, asserting lack of good faith on the part of the bank, and the bank sought to explain away its failure to ensure that the guarantor was aware of the onerous nature of the guarantee by asserting that the guarantor had had independent advice, the bank could not rely upon dealings with solicitors where it was not explicit that the solicitors were giving such independent advice to the guarantors. What was good faith must depend upon the facts of each case, but in this case the situation was sufficiently unclear to have placed on the bank a duty to enquire.

Judges:

Lord Macfadyen

Citations:

Times 12-Sep-2000, [2000] ScotCS 138

Links:

Bailii, ScotC

Banking, Undue Influence, Scotland

Updated: 06 June 2022; Ref: scu.170384

Dougbar Properties Ltd v Keeper of the Registers of Scotland: SCS 9 Feb 1999

Even if there existed an acknowledged error in the Land Registry, rectification was the only available remedy. The existence of an inaccuracy did not alter the legal reality that the registered proprietor had a right created by registration. In certain circumstances a unilateral error by the Keeper could be the subject of rectification.

Judges:

Lord Macfadyen

Citations:

1999 SC 513, [1999] ScotCS 43

Links:

Bailii, ScotC

Statutes:

Land Registration (Scotland) Act 1979

Citing:

Cited – Williams and Glyn’s Bank Ltd v Boland HL 19-Jun-1980
Wife in Occupation had Overriding Interest
The wife had made a substantial financial contribution to the purchase price of the house which was registered only in her husband’s name, and charged to the bank. The bank sought possession. The wife resisted saying that she had an overriding . .

Cited by:

Cited – Safeway Stores Plc v Tesco Stores IHCS 6-Jun-2003
The parties appealed a decision of the Lands Tribunal for Scotland ordering rectification of the land register. A small area had been registered to two registers, and an error had occurred on the digitisation of the plan.
Held: The system of . .
Lists of cited by and citing cases may be incomplete.

Scotland, Registered Land

Updated: 06 June 2022; Ref: scu.170434

Watt or Forsyth (Assisted Person) v the Royal Bank of Scotland Plc: SCS 26 Jul 1999

It appeared to the creditor that the wife had already had the benefit of professional legal advice, and it did not recommend that she should seek independent legal advice.

Judges:

Lord Macfadyen

Citations:

[1999] ScotCS 181, 2000 SLT 1295

Links:

Bailii, ScotC

Cited by:

Cited – Royal Bank of Scotland v Etridge (No 2); Barclays Bank plc v Harris; Midland Bank plc v Wallace, etc HL 11-Oct-2001
Wives had charged the family homes to secure their husband’s business borrowings, and now resisted possession orders, claiming undue influence.
Held: Undue influence is an equitable protection created to undo the effect of excess influence of . .
Lists of cited by and citing cases may be incomplete.

Scotland, Banking

Updated: 06 June 2022; Ref: scu.170422

Abdelbaset Ali Mohmed Al Megrahi v Her Majesty’s Advocate: HCJ 14 Mar 2002

Judges:

Lord Justice General and Lord Kirkwood and Lord Osborne and Lord Nimmo Smith and Lord Macfadyen

Citations:

[2002] ScotCS 68, 2002 SLT 1433, 2002 SCCR 509, 2002 JC 99, 2002 GWD 11-335, [2002] ScotHC 30

Links:

ScotC, Bailii

Citing:

See Also – Megrahi v Her Majesty’s Advocate HCJ 14-Mar-2002
. .
See Also – Megrahi v Her Majesty’s Advocate HCJ 14-Mar-2002
. .
See Also – Her Majesty’s Advocate v Abdelbaset Ali Mohmed Al Megrahi and Al Amin Khalifa Fhimah HCJ 8-Dec-1999
The court considered whether the criminal complaint that the defendants had been part of a conspiracy to set a bomb aboard an airliner which exploded over Scotland, was justiciable in Scotland. Lord Sutherland: ‘Where however, a crime of the utmost . .
See Also – Her Majesty’s Advocate v Abdelbaset Ali Mohmed Al Megrahi and Ali Amin Khalifa Fhimah, Prisoners In the Prison of Zeist, Camp Zeist (Kamp Van Zeist), the Netherlands HCJ 10-Oct-2000
. .
See Also – Her Majesty’s Advocate v Abdelbaset Ali Mohmed Al Megrahi and Al Amin Khalifa Fhimah HCJ 31-Jan-2001
. .
See Also – Abdelbaset Ali Mohmed Al Megrahi v Her Majesty’s Advocate HCJ 29-Jun-2001
. .

Cited by:

Cited – Office of the King’s Prosecutor, Brussels v Cando Armas and others HL 17-Nov-2005
The defendant resisted extradition to Brussels saying that the offence had been committed in part in England. He had absconded and been convicted. Application was made for his return to serve his sentence. The offences associated with organisation . .
See Also – Megrahi v Her Majesty’s Advocate HCJ 7-Mar-2008
. .
See Also – Megrahi v Her Majesty’s Advocate HCJ 15-Oct-2008
. .
See Also – Megrahi v Her Majesty’s Advocate HCJ 14-Nov-2008
. .
Cited – Fraser v Her Majesty’s Advocate SC 25-May-2011
The defendant appealed against his conviction for murder, saying that the prosecution had failed to disclose certain matters.
Held: The appeal succeeded, the conviction was quashed and the case remitted to the Scottish courts to consider . .
Lists of cited by and citing cases may be incomplete.

Scotland, Crime

Updated: 06 June 2022; Ref: scu.170497

Smith v Procurator Fiscal, Dumbarton: HCJ 28 Sep 2001

The appellant challenged her common law public order conviction, on the basis that the charge did not provide a clear definition of what amounted to the offence, and so infringed her human rights.

Judges:

Lord Coulsfield and Lord Osborne and Lord Sutherland

Citations:

[2001] ScotHC 121

Links:

ScotC, Bailii

Statutes:

European Convention on Hman Rights 7 10

Scotland, Crime

Updated: 06 June 2022; Ref: scu.170544

Tehrani for Judicial Review of A Purported Decision of the United Kingdon Central Council for Nursing: SCS 25 Jan 2001

Judges:

Lord Mackay of Drumadoon

Citations:

[2001] ScotCS 19

Links:

Bailii

Jurisdiction:

Scotland

Citing:

See Also – Tehrani v Argyll and Clyde Health Board 1989
. .
Lists of cited by and citing cases may be incomplete.

Health Professions

Updated: 06 June 2022; Ref: scu.169117

BBC Scotland v Souster: SCS 7 Dec 2000

English and Scottish are Separate Racial Groups

The English and Scottish peoples are recognised as separate racial groups. Discrimination on the basis that someone was English or Scottish was therefore discrimination for the purposes of the 1976 Act. Since Parliament had not amended or defined the concept of national origins when passing the 1976 Act, then in accordance with the principle in Barras v Aberdeen Steam Trawling and Fishing Company Limited, it should be presumed that Parliament intended the concept to have the same meaning as had been elucidated in their Lordships’ House.

Judges:

Lord Cameron of Lochbroom and Lord Marnoch and Lord Nimmo Smith

Citations:

[2000] ScotCS 308, [2001] IRLR 150, [2001] SC 458

Links:

Bailii

Statutes:

Employment Tribunals Act 1996 37, Race Relations Act 1976

Jurisdiction:

Scotland

Citing:

Applied – Barras v Aberdeen Steam Trawling and Fishing Co HL 17-Mar-1933
The court looked at the inference that a statute’s draughtsman could be assumed when using a phrase to rely on a known interpretation of that phrase.
Viscount Buckmaster said: ‘It has long been a well established principle to be applied in the . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination

Leading Case

Updated: 06 June 2022; Ref: scu.169155

British Airways Plc vBoyce: SCS 7 Dec 2000

Judges:

Lord Marnoch and Lord Cameron of Lochbroom and Lord Nimmo Smith

Citations:

[2000] ScotCS 309, [2001] IRLR 157

Links:

Bailii

Jurisdiction:

Scotland

Citing:

Cited – Divine-Bortey v London Borough of Brent CA 14-May-1998
The claimant had brought and lost an action relating to his dismissal by the defendant, who now appealed against an order that he was not estopped from bring a second claim on a different basis namely race discrimination, disapplying the rule in . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 06 June 2022; Ref: scu.169156

Messrs Dowling and Rutter and C v Abacus Frozen Foods Limited: SCS 12 Dec 2000

Judges:

Lord Johnston

Citations:

[2000] ScotCS 315

Links:

Bailii

Jurisdiction:

Scotland

Citing:

Appeal from – Dowling and Rutter and Others v Abacus Frozen Foods Ltd OHCS 26-Apr-2000
In the case of a lawfully constructed contract which was fulfilled by unlawful means, the contract itself can still be enforceable. In each case it is for the court to assess the nature and quality of the illegality involved. . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 06 June 2022; Ref: scu.169150

English v North Lanarkshire Council: SCS 22 Jan 1999

The application of the phrase ‘work equipment’ is to protect the workman using such equipment. This might embrace routine maintenance or cleaning or even minor repairing while the machine is operating. The 1998 Regulations should not be interpreted narrowly and in a way which would fail to implement the Framework Directive.

Judges:

Lord Reed

Citations:

[1999] ScotCS 29, 1999 SCLR 310

Links:

Bailii, ScotC

Statutes:

Work Equipment Directive (Council Directive 89/655/EEC of 30 November 1989, Provision and Use of Work Equipment Regulations 1998

Cited by:

Cited – Munro v Aberdeen City Council SCS 17-Sep-2009
Safety Duty on Employer was not Absolute
The pursuer was injured slipping on ice in her defender employer’s car park. Liability depended on the interpretation of regulation 5, the claimant saying that it imposed an absolute requirement to maintain the workplace in efficient working order . .
Lists of cited by and citing cases may be incomplete.

Scotland, Health and Safety, European

Updated: 05 June 2022; Ref: scu.169690

L C Application for Judicial Review of Decisions of the Criminal Injuries Compensation Board: OHCS 14 May 1999

A claim for compensation for damages resulting from repeated acts of indecent exposure could properly be refused on the basis that the crime was not a crime of violence as such. The Board must consider in each case whether the act complained of was, in the ordinary and natural meaning of the words, a crime of violence.

Judges:

Lord Macfadyen

Citations:

Times 03-Jun-1999, 1999 SCLR 992, [1999] ScotCS 114

Links:

Bailii, ScotC

Statutes:

Criminal Injuries Compensation Scheme 1990

Personal Injury, Scotland

Updated: 05 June 2022; Ref: scu.169614

Gibson v Orr, the Chief Constable, Strathlclyde Police: SCS 26 Feb 1999

The pursuer and his passengers were injured when he drove off a bridge which had been damaged in a severe rainstorm. He claimed in negligence against the police, who had been informed of the collapse of the bridge, but had not erected any warning signs. As a result, a car fell into the river, killing two people and injuring a third.
Held: Lord Hamilton rejected a submission that, by reference to Hill, there was ‘no general duty of care owed by the police towards private individuals’. His Lordship said: ‘there is no close analogy, in my view, as regards the policy issue between the exercise by the police of their function of investigating and suppressing crime and the exercise by them of their function of performing civil operational tasks concerned with human safety on the public roads. It was not disputed that the police enjoy no immunity on public policy grounds in respect of the manner in which a constable drives his police vehicle or his motor cycle on the public roads. There would likewise be no immunity, in my view, in respect of the manner in which a constable in charge of directing traffic on such a road performed that function. Likewise, there is no immunity, in my view, in respect of the manner in which other civil road safety operational tasks are carried out by police officers where there is no inherent problem of conflict with instructions issued by superior officers or with duties owed to other persons.
Lord Hamilton later commented on what he called ‘a tide in the English courts’ towards a wide interpretation of what had been said in Hill, which he suggested ‘may now be running less strongly’. He continued: ‘Moreover, the decision of the Court of Human Rights in Osman v United Kingdom [[1998] ECHR 101], together with the position adopted by the UK Government before that court that ‘the exclusion was not a blanket exclusion of liability but a carefully and narrowly focused limitation which applied only in respect of the investigation and suppression of crime, and even then not in every case’, may also lead to some reconsideration of the scope of the public policy immunity accorded to the police in some of the English decisions.’

Judges:

Lord Hamilton

Citations:

[1999] ScotCS 61, 1999 SCLR 661, 1999 SC 420

Links:

Bailii, ScotC

Statutes:

Police (Scotland) Act 1967 39(1)

Cited by:

Cited – Hertfordshire Police v Van Colle; Smith v Chief Constable of Sussex Police HL 30-Jul-2008
Police Obligations to Witnesses is Limited
A prosecution witness was murdered by the accused shortly before his trial. The parents of the deceased alleged that the failure of the police to protect their son was a breach of article 2.
Held: The House was asked ‘If the police are alerted . .
Cited – An Informer v A Chief Constable CA 29-Feb-2012
The claimant appealed against dismissal of his claim for damages against the police. He had provided them with information, but he said that they had acted negligently and in breach of contract causing him financial loss. The officer handling his . .
Cited – An Informer v A Chief Constable CA 29-Feb-2012
The claimant appealed against dismissal of his claim for damages against the police. He had provided them with information, but he said that they had acted negligently and in breach of contract causing him financial loss. The officer handling his . .
Lists of cited by and citing cases may be incomplete.

Scotland, Police, Negligence

Updated: 05 June 2022; Ref: scu.169664

Campbell v North Lanarkshire Council and Scottish Power Plc: SCS 30 Jun 1999

Judges:

Lord Reed

Citations:

[1999] ScotCS 163

Links:

Bailii, ScotC

Citing:

Considered – White, Frost and others v Chief Constable of South Yorkshire and others HL 3-Dec-1998
No damages for Psychiatric Harm Alone
The House considered claims by police officers who had suffered psychiatric injury after tending the victims of the Hillsborough tragedy.
Held: The general rules restricting the recovery of damages for pure psychiatric harm applied to the . .
Cited – Walker v Northumberland County Council QBD 16-Nov-1994
The plaintiff was a manager within the social services department. He suffered a mental breakdown in 1986, and had four months off work. His employers had refused to provide the increased support he requested. He had returned to work, but again, did . .

Cited by:

Cited – Simmons v British Steel plc HL 29-Apr-2004
The claimant was injured at work as a consequence of the defender’s negligence. His injuries became more severe, and he came to suffer a disabling depression.
Held: the Inner House had been wrong to characterise the Outer House decision as . .
Cited – Simmons v British Steel plc HL 29-Apr-2004
The claimant was injured at work as a consequence of the defender’s negligence. His injuries became more severe, and he came to suffer a disabling depression.
Held: the Inner House had been wrong to characterise the Outer House decision as . .
Lists of cited by and citing cases may be incomplete.

Scotland, Personal Injury

Updated: 05 June 2022; Ref: scu.169567

The Royal Bank of Scotland v Malcolm: SCS 16 Apr 1999

Judges:

Lord MacLean

Citations:

1999 SCLR 854, [1999] ScotCS 98

Links:

Bailii

Jurisdiction:

Scotland

Cited by:

Cited – Safdar v Shahid SCS 30-Apr-2004
The pursuer claimed repayments of loans made for the purchase of company shares. The defender denied any loan had been made, and claimed that any loans would require evidence in writing under the Act.
Held: The arguments should be allowed to . .
Lists of cited by and citing cases may be incomplete.

Scotland

Updated: 05 June 2022; Ref: scu.169629

Robertson Or Macey-Lillie v Lanarkshire Health Board &C: OHCS 26 May 2000

Economic circumstances have not changed sufficiently yet to alter the rate of three per cent used when calculating damages in personal injury cases. Though the returns on government stocks had fallen the figure of two per cent was not yet appropriate, and lay within the range of returns contemplated when the original figures had been set.

Judges:

Lord Philip

Citations:

Times 28-Jun-2000, [2000] ScotCS 136

Links:

Bailii, ScotC

Statutes:

Damages Act 1996

Damages, Personal Injury, Scotland

Updated: 05 June 2022; Ref: scu.169324

Petition of Daljit Singh v The Right Honourable Jack Straw, MP for Judicial Review: SCS 7 Jan 2000

The point made by Collins J in Chugtai may be particularly relevant where ‘a question of credibility arises which has to be resolved by an adjudicator”.

Judges:

Lord Weir

Citations:

[2000] ScotCS 3

Links:

Bailii, ScotC

Jurisdiction:

Scotland

Citing:

Cited – Regina v Home Secretary, ex parte Chugtai 1995
The court considered the natural and ordinary meaning of the phrase ‘ordinarily resident’.
Held: It was a question of fact for each case. Collins J noted the example given in argument of a person who had a contract for a definite period of . .
Cited – Daljit Singh v The Secretary of State for the Home Department SCS 20-Nov-1998
. .
Lists of cited by and citing cases may be incomplete.

Scotland, Immigration

Updated: 05 June 2022; Ref: scu.169445

The Scottish Criminal Cases Review Commission for an Order etc: SCS 29 Aug 2000

The court drew attention to the difference between the situation where the court itself makes inquiries as to events in the jury retiring room with the aim of bringing the court in question into contempt and that where it makes inquiries with the aim of trying to ensure that justice does not miscarry: ‘we have some difficulty in applying the idea of contempt of court to a situation where a court itself makes inquiries, not with the aim of bringing the court in question into contempt but with the very different aim of trying to ensure that justice does not miscarry. Moreover, Parliament has not qualified the appeal court’s powers under section 104 of the 1995 Act [Criminal Procedure (Scotland) Act 1995] by reference to section 8 . . . In these circumstances, since the point does not actually arise for determination, we need say no more than that we reserve our opinion both as to the effect of section 8 on the appeal court’s powers under section 104 of the 1995 Act and as to whether, in any event, the court would ever use those powers to inquire into a jury’s deliberations.’

Judges:

Lord Clarke

Citations:

[2000] ScotCS 241, 2001 SLT 1198

Links:

Bailii

Statutes:

Criminal Procedure (Scotland) Act 1995 194(1)

Jurisdiction:

Scotland

Cited by:

Cited – Regina v Connor and another; Regina v Mirza HL 22-Jan-2004
Extension of Inquiries into Jury Room Activities
The defendants sought an enquiry as to events in the jury rooms on their trials. They said that the secrecy of a jury’s deliberations did not fit the human right to a fair trial. In one case, it was said that jurors believed that the defendant’s use . .
Cited – Attorney General v Scotcher HL 19-May-2005
Following a trial, a juror wrote to the defendant’s mother to say that other jury members had not considered the case in a proper manner. He had been given written advice that he was not free to discuss a case with anyone. He appealed his conviction . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 05 June 2022; Ref: scu.169223

County Properties Limited v The Scottish Ministers: OHCS 25 Jul 2000

The company applied for planning permission. The Secretary of State called in the application to be decided by a reporter. The applicant complained that this infringed its right to a hearing before an impartial tribunal. Such a person might deal with issues of fact, but here he would also be making the decision, and the objection was lodged by an agency for which the Secretary was responsible. The Secretary was judge in his own cause.

Judges:

Lord Macfadyen

Citations:

Times 19-Sep-2000, [2000] ScotCS 212, 2000 SLT 965

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Scotland

Citing:

Appealed to – County Properties Limited v The Scottish Ministers for Judicial Review IHCS 16-Aug-2001
. .

Cited by:

Appeal from – County Properties Limited v The Scottish Ministers for Judicial Review IHCS 16-Aug-2001
. .
Cited – Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others HL 9-May-2001
Power to call in is administrative in nature
The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Planning

Updated: 05 June 2022; Ref: scu.169250

Messrs Dowling and Rutter &C v Abacus Frozen Foods Limited: SCS 12 Dec 2000

Judges:

Lord Johnston

Citations:

[2000] ScotCS 315

Links:

Bailii, ScotC

Citing:

Appeal from – Dowling and Rutter and Others v Abacus Frozen Foods Ltd OHCS 26-Apr-2000
In the case of a lawfully constructed contract which was fulfilled by unlawful means, the contract itself can still be enforceable. In each case it is for the court to assess the nature and quality of the illegality involved. . .
Lists of cited by and citing cases may be incomplete.

Scotland

Updated: 05 June 2022; Ref: scu.169150

Dougan v Lanarkshire Acute Hospitals NHS Trust: OHCS 3 Apr 2001

Judges:

Lord Nimmo Smith

Citations:

[2001] ScotCS 83

Links:

Bailii, ScotC

Citing:

Cited – Hucks v Cole CA 1968
(Reported 1993) A doctor failed to treat with penicillin a patient, the plaintiff, in a maternity ward. She was suffering from septic spots on her skin though he knew them to contain organisms capable of leading to puerperal fever. Several . .
Lists of cited by and citing cases may be incomplete.

Scotland, Professional Negligence

Updated: 05 June 2022; Ref: scu.169053

Anderson (No 126) and others and Black (No 128) and and Objections By the International Oil Pollution Compensation Board and Assuranceforeninggen Skuld (Braer) v The International Oil Pollution Compensation Fund: SCS 14 Feb 2001

Outer House – The claimants sue for compensation for damage to property sustained in consequence of the wreck of the tanker Braer. The defendants raised a adefence limiting damages under the 1971 Act.

Judges:

Lord Gill

Citations:

[2001] ScotCS 34

Links:

Bailii

Statutes:

Merchant Shipping Act (Oil Pollution) Act 1971

Jurisdiction:

Scotland

Damages

Updated: 05 June 2022; Ref: scu.169099

Hamilton and Stebbings Inc v Allied Domecq Plc: OHCS 30 Mar 2001

As a result of section 10(1) of the 1985 Act, there was no need to enter into the field of Hedley Byrne type ‘special relationships’ and whether a duty of care was owed: the statute provided the remedy, and its practical effect was that one contracting party had a duty to the other not to make negligent misrepresentations which induced the other to contract.

Judges:

Lord Carloway

Citations:

2001 SC 829, [2001] ScotCS 80

Links:

Bailii, ScotC

Statutes:

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

Cited by:

See Also – John Stewart Hamilton and others v Allied Domecq Plc OHCS 1-Aug-2003
. .
Lists of cited by and citing cases may be incomplete.

Scotland, Negligence

Updated: 05 June 2022; Ref: scu.169055

Petition of Blue Circle Industries Plc for Judicial Review: OHCS 20 Sep 2001

Judicial Review was sought of a decision of a Reporter determining the Petitioners’ planning appeal, to refuse to sist a planning appeal. The local plan was going to appeal, and the reporter wanted to await the outcome. The court did not find any procedural unfairness or impropriety warranting the interference of the Court; or any material misdirection in law on the part of the Reporter; or that the refusal constituted a decision which was unreasonable in the Wednesbury sense.

Judges:

Lord Eassie

Citations:

[2001] ScotHC 104, [2001] ScotCS 221

Links:

Bailii, Bailii

Statutes:

Town and Country Planning (Scotland) Act 1997 47(2)

Jurisdiction:

Scotland

Planning

Updated: 05 June 2022; Ref: scu.168923

Mccann Or Mcgurran Known As Mccann v Mcgurran: SCS 14 Mar 2002

Judges:

Lord Cameron of Lochbroom and Lord Caplan and Lord Kingarth

Citations:

[2002] ScotCS 67, 2002 SLT 592

Links:

ScotC, Bailii

Statutes:

Protection from Harassment Act 1997

Cited by:

Cited – Majrowski v Guy’s and St Thomas’ NHS Trust HL 12-Jul-2006
Employer can be liable for Managers Harassment
The claimant employee sought damages, saying that he had been bullied by his manager and that bullying amounting to harassment under the 1997 Act. The employer now appealed a finding that it was responsible for a tort committed by a manager, saying . .
Lists of cited by and citing cases may be incomplete.

Scotland, Torts – Other

Updated: 05 June 2022; Ref: scu.168772