Category: Scotland

Birse v HM Advocate: HCJ 28 Jun 2000

Where a magistrate had heard a proper description of the reasons for granting a search warrant, it was not an abuse of the suspect’s human rights to execute it, even though he had not had chance to make any representations about the search. The right to an effective remedy was not to be enshrined in UK law, and this came close to such a claim.

Citations:

Times 28-Jun-2000

Jurisdiction:

Scotland

Human Rights, Criminal Practice

Updated: 12 December 2022; Ref: scu.78422

King v Bristow Helicopters Limited: SCS 12 Jul 2000

The pursuer and reclaimer sought damages as reparation for ‘loss, injury and damage’ which he claims to have suffered as the result of his involvement in an incident on 22 December 1993. At the relevant time the pursuer was a passenger on board a helicopter chartered by the defenders.

Judges:

Lord President, Lord Cameron of Lochbroom, Lord Reed

Citations:

[2001] 1 LLR 95, [2001] 1 Lloyd’s Rep 95, 2001 SCLR 393, [2000] ScotCS 195

Links:

Bailii

Jurisdiction:

Scotland

Personal Injury, Transport

Updated: 09 December 2022; Ref: scu.163935

Udny v Udny: SCS 14 Dec 1867

Circumstances in which held that a grandfather, not having lost his Scotch domicile of origin, transmitted the same to his son, who, not having lost the same, legitimated his son born out of wedlock per subsequens matrimonium. Held unnecessary to consider whether a Scotch domicile at the date of the marriage sufficient for legitimation per subsequens matrimonium.

Citations:

[1867] SLR 3 – 109

Links:

Bailii

Jurisdiction:

Scotland

Cited by:

Appeal from – Udny v Udny HL 1869
Revival of domicile of origin after loss of choice
The House considered the domicile of the respondent’s father at the time of the respondent’s birth. The father had been born in Scotland but had left Scotland and taken a lease of a house in London. He had a castle in Scotland but that was not . .
Lists of cited by and citing cases may be incomplete.

Family

Updated: 09 December 2022; Ref: scu.575102

Skelton and His Tutor v Brown: SCS 11 Jul 1028

Not competent to object against a Party’s title, without a Legal Interest. – What understood to be a Legal Interest.
A haver of writs was ordained to deliver them up to a tutor dative, who had found caution, notwithstanding the defender offered to prove, that there was a tutor nominated in the testament.

Citations:

[1028] Mor 7800

Links:

Bailii

Jurisdiction:

Scotland

Litigation Practice

Updated: 09 December 2022; Ref: scu.547664

R v Scottish Prison Service: SIC 2 May 2014

Notes of meetings – On 4 July 2013 and 19 September 2013, Mr R asked the Scottish Prison Service (the SPS) for notes taken at meetings held on those respective dates. In relation to the first request, the SPS advised Mr R to submit a subject access request under the Data Protection Act 1998 (the DPA). The SPS failed to respond to the other request and, on review, stated that it was repeated.
During the investigation, as all the information had been made available to Mr R under the DPA, the SPS concluded that it was otherwise accessible to him and applied section 25(1) of FOISA. The Commissioner accepted this following her investigation.
The Commissioner identified failures in the time taken to respond to one request and its eventual rejection as repeated.

Citations:

[2014] ScotIC 095 – 2014

Links:

Bailii

Jurisdiction:

Scotland

Information

Updated: 09 December 2022; Ref: scu.525561

Wilson v City of Edinburgh Council: SIC 2 May 2014

SIC Installation of cavity wall insulation – On 20 October 2013, Ms Wilson asked the City of Edinburgh Council (the Council) for information relating to the proposed installation of cavity wall insulation at a specified address. The Council informed Ms Wilson that the request was manifestly unreasonable and the information was therefore excepted from disclosure in terms of regulation 10(4)(b) of the EIRs.
The Commissioner found that the Council had failed to deal with Ms Wilson’s request for information in accordance with the EIRs, by incorrectly withholding information under the exception in regulation 10(4)(b) of the EIRs. She required the Council to respond to Ms Wilson’s requirement for review otherwise than in terms of regulation 10(4)(b).

Citations:

[2014] ScotIC 096 – 2014

Links:

Bailii

Statutes:

Environmental Information (Scotland) Regulations 2004

Jurisdiction:

Scotland

Information, Environment

Updated: 09 December 2022; Ref: scu.525566

Watt v Fairfield Shipbuilding and Engineering Company Limited and Upper Clyde Shipbuilders Ltd and Energy and Marine (Weirside) Limited: SCS 3 Nov 1998

The pursuer sought reparation against three former shipbuilders. He had developed extensive bilateral pleural plaques and asbestosis.
Held: Lord Gill felt that it was possible to give the proviso a satisfactory meaning, notwithstanding his conclusion that the 1931 Regulations applied only to the asbestos industry: ‘the Regulations related to those processes by which the raw material was treated in the course of its being manufactured into asbestos products of various kinds’

Judges:

Lord Gill

Citations:

[1998] ScotCS 48

Links:

Bailii

Statutes:

Asbestos Industry Regulations 1931 (1931 No 1140)

Jurisdiction:

Scotland

Cited by:

Disapproved – Shell Tankers UK Limited v Jeromson; The Cherry Tree Machine Company Limited, Shell Tankers UK Limited v Dawson CA 2-Feb-2001
The claimant’s husband had been employed as an apprentice fitter in a factory which manufactured dry cleaners’ presses. For two years, it was part of his job to mix asbestos flock with water in a bucket and then apply it to the plattens of a press . .
Cited – McDonald v National Grid Electricity Transmission Plc SC 22-Oct-2014
Contact visiting plants supported asbestos claim
The deceased had worked as a lorry driver regularly collecting pulverized fuel ash from a power station. On his visits he was at areas with asbestos dust. He came to die from mesothelioma. His widow now pursued his claim that the respondent had . .
Lists of cited by and citing cases may be incomplete.

Personal Injury

Updated: 09 December 2022; Ref: scu.163364

Her Majesty’s Advocate and Another v Mcintosh: PC 5 Feb 2001

(From High Court of Justiciary (Scotland)) The defendant had been convicted of drug trafficking. He complained that the following confiscation order had infringed his human rights being based an assumption of guilt and which was incompatible with his article 6 rights. The first question was whether he remained a person ‘charged with a criminal offence’. The Court felt not. The application was not initiated by the complainant, could only be made after a conviction, and was part of the sentencing procedure,. The defendant was accused of no additional criminal activity, the statement lodged in support of an application for confiscation order was an accounting statement and not an accusation, the sum ordered did not be the profit from drug trafficking or any other offence, and the time order to be served in the case of default related to the failure, not to any underlying offence, any risk that matters referred to in the statement might be subject to a later charge, left a possibility of double jeopardy, and the proceedings and did not conclude in the verdict. The statutory scheme laid down by a democratically elected parliament should not be readily rejected. The sources of the assets was known to the defendant and a defendant explain them would not be faced with a court order.
Criminal confiscation proceedings do not amount to the bringing of a fresh criminal charge and thus Art. 6(2) of the European Convention on Human Rights is not directly engaged. However, a court is required to act with ‘scrupulous fairness’ in making its assessment for the purposes of a confiscation order. Further, the proceedings are designed to be fully adversarial, affording the accused every opportunity to challenge evidence against him and to call witnesses.

Judges:

Lord Bingham of Cornhill, Lord Hoffmann, Lord Hope of Craighead, Lord Clyde, Lord Hutton

Citations:

Gazette 15-Feb-2001, Times 08-Feb-2001, [2001] 3 WLR 107, DRA No 12 of 2000, [2003] 1 AC 1078, [2001] UKPCD 1, [2001] 2 All ER 638, 2001 SC (PC) 89, [2001] 2 Cr App R 27, 2001 GWD 6-206, [2001] HRLR 20, 2001 SLT 304, 2001 SCCR 191, [2001] UKHRR 463

Links:

PC, PC, Bailii

Statutes:

Human Rights Act 1998, Proceeds of Crime (Scotland) Act 1995 3(2)

Jurisdiction:

Scotland

Citing:

Appeal from – Mcintosh v HM Advocate HCJ 31-Oct-2000
An application for a confiscation order following a drugs trial, was subject to the requirement of a presumption of innocence. The assumptions required of a court under the Act as to the source of assets acquired by the convicted person violated . .

Cited by:

Cited – Regina v Rezvi HL 24-Jan-2002
Having been convicted of theft, a confiscation order had been made against which the appellant appealed. The Court of Appeal certified a question of whether confiscation provisions under the 1988 Act were in breach of the defendant’s human rights. . .
Appealed to – Mcintosh v HM Advocate HCJ 31-Oct-2000
An application for a confiscation order following a drugs trial, was subject to the requirement of a presumption of innocence. The assumptions required of a court under the Act as to the source of assets acquired by the convicted person violated . .
Cited – Lloyd v Bow Street Magistrates Court Admn 8-Oct-2003
The defendant had been convicted and made subect to a confiscation order in 1996. A final order for enforcement was made in late 2002. The defendant said the delay in the enforcement proceedings was a breach of his right to a trial within a . .
Cited – Peacock, Re SC 22-Feb-2012
The defendant had been convicted of drugs offences, and sentenced under the 1994 Act. The gains he had made exceeded his then assets. Later he acquired further property honestly, and the Court now considered whether those assets could be taken to . .
Lists of cited by and citing cases may be incomplete.

Evidence, Human Rights, Criminal Practice

Updated: 09 December 2022; Ref: scu.163307

Woolfson v Strathclyde Regional Council: HL 15 Feb 1978

The House considered the compensation payable on the compulsory purchase of land occupied by the appellant, but held under a company name.
Held: The House declined to allow the principal shareholder of a company to recover compensation for the compulsory purchase of a property which the company occupied. the separate personality of a company is a real thing. Lord Keith observed that ‘it is appropriate to pierce the corporate veil only where special circumstances exist indicating that it is a mere facade concealing the true facts.’
Where the evidence shows that a company has been used as a vehicle or device for receiving monies wrongly paid out of a claimant company in breach of a defendant’s duty to that company, the receipt by the third party vehicle will be treated as the receipt by the defendant.

Judges:

Wilberforce, Fraser of Tulleybelton, Killowen, Kinkel LL

Citations:

[1978] UKHL 5, [1979] JPL 169, (1978) 248 EG 777, 1978 SC (HL) 90, 1978 SLT 159, (1979) 38 P and CR 521

Links:

Bailii

Jurisdiction:

Scotland

Cited by:

Applied – Adams v Cape Industries plc CA 2-Jan-1990
Proper Use of Corporate Entity to Protect Owner
The defendant was an English company and head of a group engaged in mining asbestos in South Africa. A wholly owned English subsidiary was the worldwide marketing body, which protested the jurisdiction of the United States Federal District Court in . .
Cited – Prest v Petrodel Resources Ltd and Others SC 12-Jun-2013
In the course of ancillary relief proceedings in a divorce, questions arose regarding company assets owned by the husband. The court was asked as to the power of the court to order the transfer of assets owned entirely in the company’s names. The . .
Lists of cited by and citing cases may be incomplete.

Land, Company

Updated: 07 December 2022; Ref: scu.279742

Montgomery v Lockwood: 1987

The pursuer had no right of access to the child unless the court granted it and that the court could not make any order unless it was satisfied that to do so would be in the interests of the child.

Judges:

Sheriff Principal R.R. Taylor QC

Citations:

1987 SCLR 525

Jurisdiction:

Scotland

Citing:

Followed – Porchetta v Porchetta 1986
Before the Act of 1986 was enacted, a father did not have an absolute right to access to his child. He is only entitled to access if the court is satisfied that that is in the best interests of the child, and that the onus to show that is on the . .

Cited by:

Cited – Sanderson v McManus HL 6-Feb-1997
An order had been made refusing an unmarried father access to his child by the court after evidence that it would not be in the child’s best interests. The father appealed.
Held: The father could not appeal on a question of fact alone. There . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 07 December 2022; Ref: scu.237540

St Johnstone Football Club v Scottish Football Association Ltd: 1965

The Supervisory jurisdiction of the Court of Session was available to check whether the proceedings leading to a disciplinary decision of the Scottish Football Association, a private association, had been conducted in accordance with natural justice.

Citations:

1965 SLT 171

Jurisdiction:

Scotland

Cited by:

Cited – Davidson v Scottish Ministers HL 15-Dec-2005
The complainant a prisoner sought an order that he should not be kept in conditions found to be inhumane. He had been detained in Barlinnie priosn. The Crown replied that a mandatory order was not available against the Scottish Ministers.
Cited – AXA General Insurance Ltd and Others v Lord Advocate and Others SC 12-Oct-2011
Standing to Claim under A1P1 ECHR
The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable . .
Lists of cited by and citing cases may be incomplete.

Natural Justice

Updated: 07 December 2022; Ref: scu.237574

Carlton Hotel Co v Lord Advocate: 1921

Lord Dundas: ‘This is a summary petition under section 91 of the Court of Session Act, 1868, for an order for specific performance of an alleged statutory duty. The remedy thus sought is peculiar and drastic. It has not, I believe, been frequently resorted to; I am aware of only one reported instance. Those who invoke this remedy must, I think, be careful to aver a clear statutory duty which those on whom its performance is incumbent have refused, or unduly delayed, to perform; and to state in precise terms the order which, by their prayer, is sought from the Court.’ and ‘Section 91 was, in my judgment, never intended to provide a medium for the expiscation of intricate and doubtful duties, but rather for the summary enforcement of clearly existing ones, the due performance of which is neglected.’

Judges:

Lord Dundas

Citations:

1921 SC 237

Statutes:

Court of Session Act 1868 91

Jurisdiction:

England and Wales

Cited by:

Cited – Reclaiming Motion In Petition of Scott Davidson for Judicial Review of A Decision To Continue To Detain the Prisoner In Inhuman and Degrading Prison C SCS 18-Dec-2001
A prisoner sought an order for his removal from a prison found to have a regime which breached his human rights. The Crown replied that an order could not be made under s21 of the 1947 Act.
Held: The prisoner had followed through his rights to . .
Lists of cited by and citing cases may be incomplete.

Scotland, Constitutional

Updated: 07 December 2022; Ref: scu.237559

AB v Lord Advocate: 1916

The complainers in a note of suspension and interdict, owned lands round a loch and the loch itself. The military took possession of the lands and loch in September 1915 in order to carry out works. They sought interdict against the commanding officer and those acting under his orders from entering on the lands in question without the owners’ consent, from erecting any buildings without the owners’ consent and from blasting rocks and carrying out certain other operations. The Lord Advocate, as representing the War Office, was called for any interest he might have. He lodged answers. The defence was, of course, that the military authorities had powers under the Defence of the Realm legislation and regulations to do what they did and that the commanding officer and his men were acting in accordance with those powers. But, at first instance, the Lord Ordinary on the Bills initially granted interim interdict against the blasting and other operations. He subsequently recalled the interim interdict but passed the note. The respondents reclaimed against the passing of the note. The First Division held that, having regard to the Defence of the Realm provisions, the note must be refused. Lord President Strathclyde pointed out that the foundation of the proceedings was that the respondent was a wrongdoer and trespasser. The Lord President had no doubt that the respondent ‘might have been interdicted if the complainer had been able to shew that the action was taken outwith the statute and the regulations of 1914, which have the force of statute.’ Lord Johnston observed that ‘the true object of the complainers [was] to strike at the War Department through Captain CD . . ‘

Citations:

1916 2 SLT 200

Jurisdiction:

Scotland

Cited by:

Cited – Davidson v Scottish Ministers HL 15-Dec-2005
The complainant a prisoner sought an order that he should not be kept in conditions found to be inhumane. He had been detained in Barlinnie priosn. The Crown replied that a mandatory order was not available against the Scottish Ministers.
Lists of cited by and citing cases may be incomplete.

Land

Updated: 07 December 2022; Ref: scu.237572

Moncreiff v Hay: 1842

The landlord acquired the growing crops sown by the tenant when he enforced an irritancy clause in a lease of agricultural property.

Citations:

(1842) 5 D 249

Jurisdiction:

England and Wales

Cited by:

Cited – Dollar Land (Cumbernauld) Ltd v CIN Properties Ltd (Scotland) HL 16-Jul-1998
(Scotland) The appellants sought compensation under the law of unjustified enrichment for losses sustained as a result of the exercise against them of a conventional irritancy.
Held: Where a landlord recovered possession of land under lease by . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Scotland

Updated: 07 December 2022; Ref: scu.234726

Fowler v Tierney: 1974

A young woman was injured in a collision with a motor car when she was travelling as a pillion passenger on a motor scooter. She brought an action claiming damages against the driver of the motor scooter. The defender pleaded, inter alia, volenti non fit injuria.
Held: It was proved that the defender evinced an initial reluctance to give the pursuer a lift, but he did inform her that he had only a provisional licence, either by using those actual words or words to equivalent effect, and that something was said by the defender relating to the pursuer taking a risk or to it being her fault if anything happened. The defender’s plea was repelled.

Judges:

Lord Ordinary, Lord Maxwell

Citations:

1974 SLT (Notes) 23

Jurisdiction:

Scotland

Cited by:

Cited – McTear v Imperial Tobacco Ltd OHCS 31-May-2005
The pursuer sought damages after her husband’s death from lung cancer. She said that the defenders were negligent in having continued to sell him cigarettes knowing that they would cause this.
Held: The action failed. The plaintiff had not . .
Lists of cited by and citing cases may be incomplete.

Personal Injury

Updated: 07 December 2022; Ref: scu.226227

Brown v Ferguson: 1990

Citations:

[1990] SLT 274

Jurisdiction:

Scotland

Cited by:

Cited – Carole Patricia Jones Or Smith and Co v J Smart (Contractors) Public Limited Company SCS 17-May-2002
The pursuers sought damages for the estate of the deceased, a former employee of the responders, and who had died from mesothelioma. The particular issues were the judges exclusion of certain heads of damages for lost support. The defenders had . .
Lists of cited by and citing cases may be incomplete.

Scotland

Updated: 07 December 2022; Ref: scu.182312

Redrow Homes Ltd and others v Bett Brothers Plc and others: HL 22 Jan 1998

Additional damages under section 97 of the 1988 Act, can only be awarded with compensatory damages, not with a claim for damages under section 96.

Citations:

Times 26-Jan-1998, Gazette 11-Feb-1998, [1998] 1 All ER 385, [1998] UKHL 2, [1999] AC 197, [1998] 2 WLR 198

Links:

House of Lords, Bailii

Statutes:

Copyright Designs and Patents Act 1988 97

Jurisdiction:

England and Wales

Citing:

Appeal from – Redrow Homes Ltd v Bett Brothers Plc IHCS 2-May-1997
A pursuer in an action for breach of copyright must take either an account of profits or additional damages but not both. . .
Overruled – Cala Homes (South) Ltd and Others v Alfred Mcalpine Homes East Ltd (No 2) ChD 30-Oct-1995
A plaintiff may claim damages under section 97(2) in addition to claiming an account of profits, as his primary remedy. A person claiming joint rights in the copyright as author must contribute to the ‘production’ of the work and create something . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, Scotland, Damages

Updated: 07 December 2022; Ref: scu.158933

Redrow Homes Ltd v Bett Brothers Plc: IHCS 2 May 1997

A pursuer in an action for breach of copyright must take either an account of profits or additional damages but not both.

Citations:

Times 02-May-1997

Statutes:

Copyright Designs and Patents Act 1988 96(2) 97

Jurisdiction:

Scotland

Cited by:

Appeal from – Redrow Homes Ltd and others v Bett Brothers Plc and others HL 22-Jan-1998
Additional damages under section 97 of the 1988 Act, can only be awarded with compensatory damages, not with a claim for damages under section 96. . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, Damages

Updated: 07 December 2022; Ref: scu.85931

Hamilton v Hamilton: SCS 11 Feb 1540

Na exception of iniquitie, nullitie, or uther quhatsumever, may be proponit or alledgit contrare the executioun of an decrete-arbitral lauchfullie gevin: Bot the proponer thairof sould use and alledge the samin be way of actioun gif he pleisis for reduction and retractatioun of the said decrete.

Citations:

[1540] Mor 662

Links:

Bailii

Jurisdiction:

Scotland

Litigation Practice

Updated: 06 December 2022; Ref: scu.543980

A v B: SCS 25 Jan 1540

Gif the creditour makis and constitutis ane assignay and cessioner, to ony debt auchtand to him, and makis intimatioun of the samin assignatioun to the debtour, the samin is sufficient in all time cuming to seclude him fra all actioun that he had, or may have, agains the said debtour, albeit he that is assignay mak na inimatioun of the said assignatioun to the debtour.

Citations:

[1540] Mor 843

Links:

Bailii

Jurisdiction:

Scotland

Contract

Updated: 06 December 2022; Ref: scu.543979

Highland Council (Formerly Ross and Cromarty District Council) v Patience and Others (Scotland): HL 14 Nov 1996

Local Authority tenants sought to exercise their statutory right to purchase their council house. The third defendant had registered against the title a right of pre-emption protecting a feu charter registered in the Registry of Sasines.
Held: A Local Authority could sell a house to a secure tenant despite a feu charter on the title giving a right of pre-emption. The right to buy was akin to a compulsory purchase. The procedure involved clearly suggested that the tenant’s right to buy must be unimpeded.

Judges:

Lord Goff of Chieveley, Lord Griffiths, Lord Mustill, Lord Steyn, Lord Clyde

Citations:

Times 09-Jan-1997, [1996] UKHL 7

Links:

House of Lords, Bailii

Statutes:

Housing (Scotland) Act 1987

Jurisdiction:

Scotland

Citing:

Cited – Kirkness v John Hudson and Co Ltd HL 1955
Viscount Simonds said: ‘the beliefs or assumptions of those who frame Acts of Parliament cannot make the law’. While subsequent legislation could resolve ambiguity in earlier legislation, it could only do so where the subject of the subsequent . .
Cited – Henderson v City of Glasgow District Council 1994
. .
Lists of cited by and citing cases may be incomplete.

Housing, Local Government, Land, Registered Land

Updated: 06 December 2022; Ref: scu.135036

Seton: 1683

The defender was a widow, charged on a bond granted by her husband. She said that the pursuer had owed her husband freight under a charterparty. The pursuer argued that the debt was not liquid, because the defender would need to prove that her husband had made the voyages. At first instance, the court upheld that objection. The defender offered to remit the matter to the pursuer’s oath. The court then allowed the matter to be proved prout de jure (by any means permitted by law) – referring again to the quod mox liquidari brocard. The court decerned for the sum in the bond, but superseded extract for three or four months, so ‘that if the debt be liquidate betwixt and that time, then the compensation was to be received.’
The court granted decree for the debt in the bond, but directed that it was not to be enforceable for three or four months, to give the defender time to establish the claim for freight, which could then be set off against the debt under the bond. The reporter thought that this went too far ‘and though it be materially just, yet it is a great relaxation of our ancient form.’

Citations:

(1683) M 2566

Jurisdiction:

Scotland

Cited by:

Cited – Inveresk Plc v Tullis Russell Papermakers Ltd SC 5-May-2010
The parties had undertaken the sale of a business (from I to TR) with part of the consideration to be payable on later calculation of the turnover. The agreement provided for an audit if the parties failed to agree. TR issued a figure. I argued that . .
Lists of cited by and citing cases may be incomplete.

Scotland

Updated: 04 December 2022; Ref: scu.410713

Mitchell v McCulloch: 1976

Judges:

Lord McDonald

Citations:

1976 SC 1

Jurisdiction:

England and Wales

Cited by:

Cited – Harding v Wealands HL 5-Jul-2006
Claim in UK for Accident in Australia
The claimant had been a passenger in a car driven by his now partner. They had an accident in New South Wales. The car was insured in Australia. He sought leave to sue in England and Wales because Australian law would limit the damages.
Held: . .
Lists of cited by and citing cases may be incomplete.

Scotland

Updated: 01 December 2022; Ref: scu.242987

Lord Saltoun v Advocate General for Scotland: 1860

Citations:

(1860) 3 Macq 659

Jurisdiction:

Scotland

Cited by:

Cited – Davidson v Scottish Ministers HL 15-Dec-2005
The complainant a prisoner sought an order that he should not be kept in conditions found to be inhumane. He had been detained in Barlinnie priosn. The Crown replied that a mandatory order was not available against the Scottish Ministers.
Lists of cited by and citing cases may be incomplete.

Scotland

Updated: 01 December 2022; Ref: scu.237570

Erskine v Wright: 1846

The provisions of the Act would be capable of being defeated if it had remained possible to tie up lands in perpetuity by the creation of a series of liferents. This would soon supersede all other methods of doing so if it were competent.

Judges:

Lord Mackenzie

Citations:

(1846) 8 D 863

Statutes:

Entail Amendment (Scotland) Act 1848

Jurisdiction:

Scotland

Cited by:

Cited – Earl of Balfour v Keeper of the Registers of Scotland and Others HL 6-Nov-2002
The applicant sought a declaration that he was the owner of land by virtue of the 1848 Act, claiming that a series of grants of liferent were ineffective to restrict the title transferred.
Held: Miller’s Trustees was to be applied in to the . .
Lists of cited by and citing cases may be incomplete.

Scotland, Trusts

Updated: 01 December 2022; Ref: scu.186364

Robb’s Trust, The Governors of, Against Edwards: SCS 26 May 2015

Extra Division, Inner House. The House was asked whether, in respect of a lease governed by the Agricultural Holdings (Scotland) Act 1991, in terms of which the landlords have served on the tenant a notice to quit which is disputed by the tenant, and the dispute proceeds to arbitration, section 23(4) of the Act has the effect that the lease continues and rent remains due and payable until the date of issue of the arbiter’s award.

Judges:

Lord Menzies

Citations:

[2015] ScotCS CSIH – 39

Links:

Bailii

Statutes:

Agricultural Holdings (Scotland) Act 1991

Jurisdiction:

Scotland

Landlord and Tenant, Agriculture

Updated: 30 November 2022; Ref: scu.547650

Lord Advocate’s Reference (No 1 of 1985): HCJ 1986

The Court a claim as to the relevancy of an indictment of perjury.
Held:
Lord Justice General Emslie said: ‘All that is required is that it should be clearly understood that a charge of perjury will not lie unless the evidence alleged to be false was both competent and relevant at the earlier trial either in proof of the libel or in relation to the credibility of the witness’.

Judges:

Lord Justice General Emslie

Citations:

1986 JC 137

Jurisdiction:

Scotland

Cited by:

Cited – Her Majesty’s Advocate v Coulson HCJ 1-Jun-2015
Note. The accused faced a charge of perjury. In an earlier trial, itself for perjury, the defender (the first defender), acting without legal representation had called the now accused to give evidence as to whether accused, as editor of the News of . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 30 November 2022; Ref: scu.547553

Petition of Friends of Loch Etive Against Argyll and Bute Council: SCS 27 May 2015

Outer House – Petition for Judicial Review of a decision of the Argyll and Bute Council granting planning permission for the development of a 10-cage rainbow trout farm on Loch Etive in Argyll, at the site known as ‘Etive 6’.

Judges:

Lord Burns

Citations:

[2015] ScotCS CSOH – 61

Links:

Bailii

Jurisdiction:

Scotland

Planning

Updated: 30 November 2022; Ref: scu.547649

Dilip Upreti and Others (Aps) v The Secretary of State for The Home Department: SCS 4 Jun 2015

Application for permission to appeal against a decision of the Upper Tribunal. The application is made by each of Dilip Upreti, his wife and two children. The Secretary of State for the Home Department appears as the respondent.

Judges:

Lord Brodie

Citations:

[2015] ScotCS CSIH – 45

Links:

Bailii

Jurisdiction:

Scotland

Immigration

Updated: 30 November 2022; Ref: scu.547653

McShane v Burnwynd Racing Stables Ltd: SCS 5 Jun 2015

‘This case concerns an accident at the defenders’ racing stables on 25 March 2011. The pursuer was employed there by the defenders as trainer or assistant trainer. He was exercising a horse (‘Psalm 23′) on the training gallop. At the far end of the gallop, just before the third or final bend, his horse fell and landed on him. He was badly hurt. His left arm was injured and he has been left with a permanent impairment to his left side. He sues the defenders on the basis, in short, that the gallop was unsafe and that that was the cause of the fall.’

Judges:

Lord Glennie

Citations:

[2015] ScotCS CSOH – 70

Links:

Bailii

Statutes:

Work at Height Regulations 2005, Workplace (Health, Safety & Welfare) Regulations 1992

Jurisdiction:

Scotland

Health and Safety, Negligence, Personal Injury

Updated: 30 November 2022; Ref: scu.547657

Edinburgh and District Tramways Co Ltd v Courtenay: SCS 29 Oct 1908

(Court of Session Inner House First Division) There was contract between a tramway company and an advertising firm, under which the firm paid a rental for the right to display advertising on the tramcars. It was up to the firm to provide the boards around the upper deck of the tramcars, on which the advertisements were displayed. The tramway company subsequently constructed new tramcars with ‘decency boards’ already supplied, saving the advertising firm the expense of fitting its own. The tramway company claimed against the advertising firm for the cost of fitting the decency boards.
Held: The claim was rejected, on the ground that the tramway company had not incurred any loss through the provision of the benefit.
Lord President Dunedin observed that ‘there are certain marks or notes of the situation in which recompense is due, and I think that one mark or note is that the person who claims recompense must have lost something’.
The company had been acting for its own purposes. Referring to earlier authorities, the Lord President remarked that in the case at hand ‘you have the same element that went to the decision of some of these eases, that the thing done was as much for the benefit of the man who did it as for that of the other person’. He illuminated by example: ‘One man heats his house, and his neighbour gets a great deal of benefit. It is absurd to suppose that the person who has heated his house can go to his neighbour and say – ‘Give me so much for my coal bill, because you have been warmed by what I have done, and I did not intend to give you a present of it.”

Judges:

Lord Johnston, Ordinary,Lord President

Citations:

[1908] ScotCS CSIH – 8, [1908] SLR 102

Links:

Bailii, Bailii

Jurisdiction:

Scotland

Cited by:

Cited – Taylor v Van Dutch Marine Holding Ltd and Others ChD 22-Jul-2019
. .
Cited – Lowick Rose Llp v Swynson Ltd and Another SC 11-Apr-2017
Losses arose from the misvaluation of a company before its purchase. The respondent had funded the purchase, relying upon a valuation by the predecessor of the appellant firm of accountants. Further advances had been made when the true situation was . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 27 November 2022; Ref: scu.610801