Category: Scotland

Jonet Foreman, Relict of Umquhile Alexander Oliphamt of Kellie v Johne Oliphant of Kellie, Knight: SCS 22 May 1527

The cure and keiping of ane air, beand minor, and of all uther minoris, pertenis to the mother efter the deceis of thair father, quhill thair age of sevin zeiris compleit; and the mother in this cais aucht and sould be preferrit to the said minor’s guidschir, and to all the rest of his freindis and kinnismen.

[1527] Mor 16216
Bailii

Scotland

Updated: 07 January 2022; Ref: scu.556369

Lord Yester v Mr George Hay: SCS 23 Mar 1530

Gif ony persoun be convict of ony ejectioun, or spuilzie, he aucht and sould not onlie restoir the saidis gudis and geir, or the avail thairof, bot alswa sould content and pay to the persewar the proffitis quhilk he micht have had, and quhilk he wantis throw the spuilzieing thairof, and that fra the day of the spoliatioun to the day of the raising of the summoundis, and not to the day of the geving of the decrete.

[1530] Mor 16457
Bailii

Scotland

Updated: 07 January 2022; Ref: scu.556381

The King v Walter Oliphant and Others: SCS 17 Oct 1528

SCS Gif the father lauchfullie maryis his sone, and puttis him in the fie of his landis, and thairefter the sone deceisses, leivand behind him ane air, gottin of his bodie, of les age, and within tutorie; be the law and consuetude of this realme, the said pupill was, the time of his fatheris deceis, in his fatheris powar allanerlie, and be ressoun of his deceis made fre of all fatherlie powar, and on na wayis in the powar of his gudschir, grandschir, or ony utheris his predecessouris zit on life: And thairfoir, gif ony of thame makis and constitutes in thair testament or latter will, ony tutor testamentar to the said air, beand zit pupill, the samin constitutioun, with all that followis thairupon, is of nane avail, force, nor effect, and may be reducit as maid in fraud and prejudice of the tutor of law, and failzeing him of the richt grantit to our Soverane Lord be ressoun of his Crown, in making and geving tutoris dative to pupillis not lauchfullie providit of uther tutoris.

[1528] Mor 16216
Bailii

Scotland

Updated: 07 January 2022; Ref: scu.556372

Elizabeth Fenton v The Heritrix of Dirleton: SCS 26 Feb 1523

if any fre tenant or vassal haldand landis of diverse and sindrie sisteris, or utherwayis airis-female, as thair superiouris, he aucht and sould be enterit thairto be the eldest air-female allenarlie, and the releif quhilk he payis the time of his entrie sould be equallie dividit amang all and haill the superiouris, and on na wayis sould pertene to the eldest aire alane

[1523] Mor 5357
Bailii

Scotland

Updated: 07 January 2022; Ref: scu.556237

Beedie v Norrie: 1966

Chapter 26 of the Rules of the Court of Session 1994, which is headed Third Party Procedure, enables questions arising out of claims by a defender against a third party for contribution, relief or indemnity and liability to be disposed of in the same action as that in which the defender is himself being sued.

1966 SC 207
Rules of the Court of Session 1994 824, Law Reform (Miscellaneous Provisions) (Scotland) Act 1940 3(2)
Scotland
Cited by:
Cited – Farstad Supply As v Enviroco Ltd and Another SCS 23-Apr-2008
(Outer House) The pursuers alleged that the defendant service company was responsible in negligence for damage by fire to its oil rig supply vessel. It was said that oil they had failed to clear was released by piping when opened flowing onto a hot . .

Lists of cited by and citing cases may be incomplete.

Negligence

Updated: 07 January 2022; Ref: scu.410552

Town of Edinburgh v Leith: SCS 16 Nov 1518

The Town of Edinburgh obtained decreet against the inhabitants of Leith, decerning them to desist from all buying of wool, hides, skin, cloth, and all merchandise, in the country from unfreemen, and that all such merchandise be brought to Edinburgh, and their cost from the burgesses; and in like manner to desist from all packing and peeling, within Leith, but within Edinburgh, and to pay their customers in Edinburgh for the same; and also decerning the hail inhabitants from buying wine, coals, victual, timber, pitch, tar, lint, and other goods, coming to Leith by strangers, until first they make entry in the town’s books and shall be controlled there, and other officers be satisfied for the King’s use; and also decerning the said inhabitants from all buying, killing of herrings, selches, and other fishes coming within Leith, and peeling and salting of the same, and sending the same into England or other foreign parts.

[1518] Mor 1902
Bailii

Scotland

Updated: 06 January 2022; Ref: scu.555021

The King v The Laird of Grantullie: SCS 11 Dec 1511

Conjunct fee excludes non-entry. – Non-entry excluded where the lands have been full thirty six-years.
Gif ony over-lord call and persew his tenent to heir and se his landis pertening to him decernit to have bene in non-entres be the space of divers and sindrie zeiris, viz. be the space of fiftie or sixtie zeiris, or fra thyne furth, and the partie defendar produce ony saisine or saisines, beirand him and his predecessouris, or himself allanerlie, to have bene lauchfullie saisit in the saidis landis be the space of fiftie zeiris immediatlie preceding the day and dait of the sum moundis intentit againis him, he aucht and sould be simpliciter assoilzeit fra the clame and petitioun proponit and persewit againis him tuiching the non-entres of the saidis landis, not onlie of the said space of fiftie zeiris, during the quhilk thay wer full, bot also of all uther zeiris and termis precedand the samin.

[1511] Mor 9332
Bailii

Scotland

Updated: 06 January 2022; Ref: scu.555010

Gavin Dumber v Arch-Deane of Sanctandrois, and Alexander Cuik: SCS 14 Dec 1514

Non-entry duties how ascertained. – In what holdings does Non-entry take place. Takes place until actual infeftment. But not if the superior be in mora.
Tenementis lyand within burgh, haldin of ony superiour spiritual or temporal, or in the superiouris handis be reasoun of non-entres, be deceis of the last laushful possessour thairof, unto the entre of the lauchful air thairto.

[1514] Mor 9287
Bailii

Scotland

Updated: 06 January 2022; Ref: scu.555011

The King v Crichton: SCS 2 Apr 1517

Gif ony man brekis the lawborrowis of peace fund be him to ony of the King’s lieges, the King, nor nane of his lieges, may call or persew him for the samin, or to content and pay the pane thairof, untill he be first accusit and convict thairof criminallie befoir the Justice or his deputis; because the civil cause aucht and sould be respeitit and delayit untill the criminal be first decidit.

[1517] Mor 8023
Bailii

Scotland

Updated: 06 January 2022; Ref: scu.555013

Sir James Cunningham, of Milnecraig v Captain John Chalmer of Gadgirth, and The Earls of Loudon, and Stair, and Colonel Dalrymple: HL 24 Mar 1740

A proof taken in virtue of a diligence from the Court of Session, in the course of a submission, which came to an end without any decreet-arbitral being pronounced, admitted in the particular circumstances of the case, in a subsequent litigation between the same parties, the power of re-examining the witnesses being reserved.
The Court of Session having (by an interlocutor not appealed from) refused to make certain persons parties to a depending action,-it was found to be incompetent to call them as parties in the House of Lords, in an appeal from the final judgment in the action.

[1740] UKHL 1 – Paton – 267, (1740) 1 Paton 267
Bailii
England and Wales

Scotland, Litigation Practice

Updated: 06 January 2022; Ref: scu.554889

Mary Buchan v Sir Hew Dalrymple and Sir Alexander Hope: HL 27 Mar 1739

Tailzie – Under a substitution ‘to the heir female of the body’ of the entailer – Found that the daughter of the entailer’s eldest son is entitled to succeed in preference to the daughter of the entailer, and to the daughter of a second son who died last seized in the estate.

[1739] UKHL 1 – Paton – 237, (1739) 1 Paton 237
Bailii
Scotland

Scotland

Updated: 06 January 2022; Ref: scu.554829

George, Marquis of Annandale v The Earl and Countess of Hopetoun, Et E; Contra: HL 15 Feb 1739

Mutual Contract. – Passive Title- Act 1695, c. 24.- Circumstances of an obligation incurred by an apparent heir, under which the next heir, passing him by, and serving to a remoter ancestor, was found liable, without relief against the executry, or other separate estate of the apparent heir.

[1739] UKHL 1 – Paton – 225, (1739) 1 Paton 225
Bailii
England and Wales

Scotland

Updated: 06 January 2022; Ref: scu.554825

Hugh Murray, Kinnynmound, Trustee of The Late Sir James Rochead; and James Dalrymple, and David Kinloch v Sir Francis Kinloch; Sir James Dalrymple, Et Alii: HL 29 Mar 1739

Death-bed. – Mutual contract.- Whether a renunciation by an apparent heir of his right to challenge ex capite lecti, granted to the ancestor while he was in liege poustie, be binding?
Whether such a renunciation granted by two of four apparent heirs be binding on them, the other two not having acceded to the obligation, and the party obtaining it being thus prevented from fulfilling his part of the conditions of the contract?

[1739] UKHL 1 – Paton – 245, (1739) 1 Paton 245
Bailii
England and Wales

Scotland

Updated: 06 January 2022; Ref: scu.554828

Sir William Billers, Et Alii v The Duke of Norfolk, Et Alii: HL 1 Feb 1739

Infeftment – General Burden – Fraud – Litigious – A disposition to a creditor, and infeftment thereon, set aside, having been granted during the currency of a term, which the debtors had taken to produce a progress in an action of adjudication which had been raised against them at the instance of another creditor.

[1739] UKHL 1 – Paton – 255, (1739) 1 Paton 255
Bailii
England and Wales

Scotland

Updated: 06 January 2022; Ref: scu.554827

Sir John Home of Renton v Sir John Home of Manderston: HL 23 Feb 1739

Wadset. – Right in security.- Circumstances in which the right of reversion in a security of the nature of a wadset was found not to have expired by the mere lapse of time, although it had been declared in the agreement that the right of reversion ‘should cease on the running thereof.’

[1739] UKHL 1 – Paton – 260, (1739) 1 Paton 260
Bailii
England and Wales

Scotland

Updated: 06 January 2022; Ref: scu.554826

A v B: SCS 21 Feb 1510

Ony man deceissand quha hes had twa wives, or ma, with bairnis and successioun with thame, the first wife’s eldest sone sall have his haill airschip of all movabill gudis quhilk pertenit to his father, and was in his possessioun the time of his deceis.

[1510] Mor 5388
Bailii

Scotland

Updated: 06 January 2022; Ref: scu.554765

Abbot of Dunfermline v Forrester: SCS 17 Feb 1506

Gif ony man, haldand landis of the kirk, or ony uther of the King’s lieges, as superiouris, beis convict and foirfaltit for ony crime of lese-majestie committit aganis the King; the preffitis, maillis, and dewties of the saidis landis pertenis to the said immediat superiour, fra the time of his foirfalture, ay and quhill the King present to the over-lord ane tenent in his place.

[1506] Mor 4716, [1506] Mor 4716
Bailii

Scotland

Updated: 06 January 2022; Ref: scu.554764

Henry Trotter, of Morton Hall, Esq v Alexander, Earl of Marchmont; William, Earl of Home; Andrew Hogg of Harcarse, Esq; William Home and Roger Moodie;: HL 12 Feb 1736

Commonty. – Prescription – The proprietor of a moor (over which several heritors had rights of servitude,) possessed other lands, to which no servitude on the moor belonged, but the tenants of which were in use for above forty years, of pasturing cattle, andc. in common with the occupiers of the dominant lands. Found in a process of division of the moor, that the proprietor of the moor, (besides one fourth tanquam pr cipuum,) was entitled to a share in respect of these other lands.

[1736] UKHL 1 – Paton – 186, (1736) 1 Paton 186
Bailii
Scotland

Land

Updated: 06 January 2022; Ref: scu.554676

The King v Schir Johne Hay: SCS 6 Feb 1505

All landis halding of the King, utherwayis nor in fre burgage, ar haldin in blanche ferm, or in few ferm, or be service of ward and relief, or in name of pure and fre almonis. De quatuor mod. ten. ter. de Rege.
Item, Landis haldin be ony man, of ony superior or over-lord, reddendo servitia debita et consueta, the samin is understuid to be halden be service of ward and relief, except in his infeftment relation be maid ad formam et tenorem antiquae cartae; for in this cais the manner of halding of the saidis landis sould be reulit and understuid, conform to the halding contenit in the auld chartour, gif ony be

[1505] Mor 16558
Bailii

Scotland, Land

Updated: 06 January 2022; Ref: scu.554593

Sir William Gordon, Bart v Ludovick Gordon, Merchant In Elgin: HL 5 Apr 1731

Process – res judicata – A party having been prosecuted before the Court of Justiciary, on a criminal charge, concluding likewise for damages and expenses, and acquitted,-found to be still subject to a civil action.
Oath of party- Found to be discretionary with the Court whether or not to grant commission for taking the oath of a party who was out of Scotland at the time.

[1731] UKHL 1 – Paton – 60, (1731) 1 Paton 60
Bailii

Scotland

Updated: 06 January 2022; Ref: scu.554553

Patrick Cockburn v Alexander Ramsay: SCS 10 Nov 1497

All clamis, controversies, and questiounis concerning purpresture, aucht and sould be decydit and determinat be deliverance of ane inquest, takin be command of our soverane Lord’s letteris, befoir the Justice-general, or his de putis: And gif ony sic action be intentit befoir the Lordis of Counsal, thay aucht and sould remit the samin to the said Justice; because the samin pertenis to him allanerlie.

[1497] Mor 7317
Bailii

Scotland

Updated: 05 January 2022; Ref: scu.554432

The King v The Lord of St John: SCS 1 Feb 1492

What carried by Forfeiture. – Gif ony free tenant haldand landis of ony superiour under the King, ather spiritual or temporal, commit ony crime of tressoun, and is foirfaultit thairfoir, the King, because he cannot hald landis of ony man, sould present ane tenent to the said immediat overlord spiritual or temporal, of all and hail the landis, quhilkis sumtime pertenit to him that is foirfaltit, and require the said overlord to give infeftment heritabillie of the samin landis to him quha is presentit; for, in sic caisis, powar and richt of presentatioun is understuid to pertene to his Grace as escheat; except the said overlord be specially infeft with fie and foirfalture of his awin tenents; and the tenent quha is presentit may obtene a charge be deliverance of the Lordis of Counsal, under the testimonial of the Greit Seill conform to his presentatioun, and thairwith charge the said overlord to ressave him as immediat tenent to him in the saidis landis, and infeft him and his airis, be chartour and sasine thairintill, to be haldin of the said overlord als frelie as the said persoun that is foirfaltit held the samin of him befoir; the quhilk gif the said overlord refusis to do, the said tenent may raise the remanent preceptis of our Soverane Lord’s Chancellarie to charge the said overlord to ressave him in tenent in manner foresaid.

[1492] Mor 4657
Bailii

Scotland

Updated: 05 January 2022; Ref: scu.554424

Thomas Sempill v F Fordel: SCS 19 Jan 1487

He that is auchtand, or has paid in name and behalf of ony uther that is deceist, ony debt, or sowmis of money, and is desirous to have his relief thairof, aucht and sould first call and persew befoir the spiritual Judge his executouris, to frie and relieve him of the said sowme or debt, at the handis of the creditouris, gif the principal debtour that is deceist had movabill gudis the time of his deceis: Bot gif thair was not sufficient movabill gudis, the air of the principal debtour deceist may be callit and persewit befoir the temporal Judge, for the effect foirsaid; because in all sic caisis the movabill gudis intromettit with be the executouris aucht and sould be first discust, befoir ony gudis, geir, or landis pertening to the air.

[1487] Mor 5203
Bailii

Scotland

Updated: 05 January 2022; Ref: scu.554271

Alexander Duke of Gordon, and Elizabeth Dutchess Dowager of Gordon v Charles Earl of Murray Et Alii: HL 16 Apr 1728

The question here related to the boundaries by which the rights of the parties to certain salmon fishings in the river Spey and on the sea shore were limited, and to the modes in which they were entitled to exercise these rights; but as the point fell to be decided by the titles of the parties, by the possession which they had enjoyed, and by certain transactions which had been entered into between their authors and predecessors, no general question of law was involved in the decision.

[1728] UKHL 1 – Paton – 8, (1728) 1 Paton 8
Bailii
Scotland

Agriculture

Updated: 05 January 2022; Ref: scu.554248

Appendix for Robertson: HL 17 Apr 1727

Twenty-five cases of appeal, at the instance of the Commissioners and Trustees for the forfeited Estates, noticed briefly at the end of the appeal brought by these Commissioners and Trustees v. James Drummond, in which the judgments of the Court of Session were found to be null and void for want of jurisdiction

[1727] UKHL Robertson – App – 617
Bailii
Scotland

Scotland

Updated: 05 January 2022; Ref: scu.554239

Elizabeth Duchess of Hamilton v James Duke of Hamilton: HL 29 Mar 1727

HL Process – A widow brings an action against her son, as his fathers heir, to make good a jointure, which she alleged was deficient the son contends that the pursuer had not implemented her part of the marriage-articles, and calls upon her to produce per duplicate of them; stating that the other duplicate was produced by him in a suit between the parties in Chancery in England: she declining to do this, is ordered before answer to produce her part of the marriage-articles.

[1727] UKHL Robertson – 604, (1727) Robertson 604
Bailii

Scotland

Updated: 05 January 2022; Ref: scu.554236

Sir Alexander Cuming, Baronet, Eldest Son and Executor of Sir Alexander Cuming, Baronet, Deceased v Robert Pantoun, Late of Rotterdam, But Now of London, Merchant: HL 28 Apr 1726

Lis Alibi pendens – A defence of lis alibi pendens is repelled, where the pursuer produced an order of the Court of Chancery, dismissing a suit which he had instituted upon same grounds with his action in the Court of Session, and a declaration under his hand disclaiming all further proceedings in that suit.
Usury – In a loan of money to be repaid by drawing and re-drawing on a foreign merchant, the borrower agreed to pay the exchange and re-exchange: though this by the course of exchange amounted to more than legal interest, it was not usury.
Annual-rent – A loan agreed to be repaid by a certain day, bore interest after that day, though no interest was stipulated for: exchange and re-exchange, which the borrower agreed to pay, also bore interest from the day of payment: in a decree for payment of a certain sum, part of this is distinguished as principal bearing interest, and part as interest only.
Deposuum – The depositary of a South Sea subscription, was warranted in paying money, and accepting stock, as the principal must have done in terms of an act of parliament.

[1726] UKHL Robertson – 582, (1726) Robertson 582
Bailii

Scotland

Updated: 05 January 2022; Ref: scu.554231

Sir John Schaw, of Greenock, Bart v Dame Margaret, The Widow of Sir John Houston, Bart Sister of The: HL 2 Apr 1726

Presumption. – Intromission with the Settlements of a Person deceased. – Proof – In a reduction of a mother’s settlements brought by her son and heir, against a sister, who was benefited by them, on the ground that the sister bad access to the repositories of the deceased, and took what she chose, and might have destroyed the rest; the sister stated in defence that the deeds had been given to her by her mother: it was necessary for the pursuer to prove that the defender’s intromission was unwarrantable.
The deeds produced were presumed to contain the last will of the deceased. A circumstantial proof, brought by the pursuer, that the deceased had declared that she had made other settlements, and of embezzlement on the part of the defender, found insufficient.

[1726] UKHL Robertson – 552, (1726) Robertson 552
Bailii

Scotland

Updated: 05 January 2022; Ref: scu.554232

The King v James -, of Durham: SCS 2 Feb 1481

The Lords found that the horse whereupon umquhile Thomas Bullock, servitor to James —-, of Durham, ran in the water of Aven and was drowned, was not escheat to our sovereign lord; because, by an inquest taken before the sheriff of Linlithgow, by command of the Lords of Council, it was found that the said Thomas forced the horse with spurs to take the water, and through his own folly and rashness was drowned; and not the horse’s fault. And therefore decerned the horse to the said James —-; of Durham.

[1481] 1 Brn 113
Bailii

Scotland

Updated: 05 January 2022; Ref: scu.554224

Sir Alexander Cuming of Culter, Baronet, Eldest Son, Executor, and Assignee of Sir Alexander Cuming, Deceased v James Ferguson Esq, of Pitfour: HL 23 Apr 1726

South Sea Company. – Act 7 Geo. 1. St. 2. –
An heritable bond is granted in consideration of transferring a sum of South Sea stock, at the then next opening of the books; by a separate obligation the grantee was entitled to transfer, at said opening or any time thereafter, on three days advertisement; by an act of parliament all contracts for the sale of stock not performed by a certain day were to be registered, or otherwise void; The stock was not transferred at the opening; the bond was registered in due time, but not the separate obligation. In a reduction it is found relevant to reduce the bond, that the transfer was not made at the opening as specified in the bond, andc. and the defence on the separate agreement is repelled, it not being registered in terms of the act of parliament.
But at the bar the parties made an agreement that the bond should be good for part of the sum, and on their agreements the interlocutors are reversed, and the bond ordered to be effectual for that

[1726] UKHL Robertson – 577, (1726) Robertson 577
Bailii

Scotland

Updated: 05 January 2022; Ref: scu.554230

John Neilson, of Chappell, Esq; v John Murray, of Conheath, Esq;: HL 16 Feb 1726

Papist – Jus tertii – An estate descends to two heirs portioners; the eldest a Papist, by her first marriage, has a son, a Protestant; in a contract on her second marriage she covenants to settle the estate on her husband and the heirs male of that marriage. After her second husband’s death, the eldest son of that marriage, a Papist, grants a disposition of the estate to a third party: no titles had been hitherto made up by this son of the second marriage, nor by his mother; but the disponee now gave them a charge to enter heirs, and thereupon got adjudication. It was not jus tertii to the Protestant heir of the first marriage to object against this disposition.
Papists on whom the succession to heritable subjects devolved before the act 1700, were nevertheless precluded from serving heirs after that act passed without taking the formula.
An onerous purchaser from a Papist could not be in a better situation than the Papist himself.
A person popishly educated, who never took the formula, held to be a Papist.
An objection that a question was not moved of the disponee’s Popery, and that he never was required to take the formula during his life, is repelled.
The act of parliament 3 G. 1. c. 18. did not extend co Papists in Scotland.

[1726] UKHL Robertson – 547, (1726) Robertson 547
Bailii

Scotland

Updated: 05 January 2022; Ref: scu.554225

Mrs Harley and Others v Lindsays: SJC 24 Feb 1818

This was an action for proving the tenor of a settlement executed, and afterward destroyed, by the late John Lindsay of Easter Annafrech. There was also a declarator to have it found that, at the time the deed was destroyed, he was imbecile, from palsy, or some other cause.

(1818) 1 Murray 296, [1818] ScotJCR 1 – Murray – 296
Bailii

Scotland

Updated: 05 January 2022; Ref: scu.554165

Johnston and Proudfoot v Pennycook and Owler: SJC 16 Feb 1818

Damages for breach of contract.
This was an action of damages against one of the defenders for not implementing a sale of cattle; and against the other defender for subsequently purchasing them, knowing of the previous sale; and for affronting, calumniating, and abusing the pursuers in a public market.

(1818) 1 Murray 285, [1818] ScotJCR 1 – Murray – 285
Bailii

Scotland

Updated: 05 January 2022; Ref: scu.554164

Murray and East Lothian Council: SIC 6 Oct 2015

SIC Application for High Hedge Notice – On 2 April 2015, Mrs Murray asked East Lothian Council (the Council) for information relating to an application for a high hedge notice. The Council responded by providing some information, with personal data redacted. Following a review, Mrs Murray remained dissatisfied and applied to the Commissioner for a decision.
The Commissioner investigated and found that the Council had partially failed to respond to Mrs Murray’s request for information in accordance with FOISA and the EIRs. This was because the Council failed to disclose to Mrs Murray all the information it held that fell within her request. As the Council has now disclosed this information, the Commissioner does not require the Council to take any further action. The Commissioner is satisfied that all relevant information had been provided to Mrs Murray by the end of the investigation.

[2015] ScotIC 155 – 2015
Bailii
Scotland

Scotland, Information

Updated: 05 January 2022; Ref: scu.554162

Arndt and Registrar General of Births, Deaths and Marriages for Scotland: SIC 9 Oct 2015

SIC Minutes of The General Assembly/Bureau of The International Commission On Civil Status – On 10 February 2015, Mr Arndt asked the Registrar General of Births, Deaths and Marriages for Scotland (the Registrar) for the minutes of the meetings of the General Assembly and Bureau of the International Commission on Civil Status (ICCS), held in Strasbourg on 28-31 March 2006.
The Registrar initially told Mr Arndt that he did not hold the minutes of the meetings for the purposes of FOISA. Following a review, where the Registrar acknowledged that he held the information, but chose to withhold it under FOISA, Mr Arndt remained dissatisfied and applied to the Commissioner for a decision.
The Commissioner investigated and found that the minutes of the meetings were exempt from disclosure as they comprised confidential information obtained from an international organisation.

[2015] ScotIC 157 – 2015
Bailii
Scotland

Scotland, Information

Updated: 05 January 2022; Ref: scu.554158

Delamore and Chief Constable of The Police Service of Scotland (The Investigation Into Willie Macrae’s Death: Vehicle Report): SIC 7 Oct 2015

SIC The investigation into Willie Macrae’s death: vehicle report – On 14 July 2014, Mr Paul Delamore asked the Chief Constable of the Police Service of Scotland (Police Scotland) for information about the events surrounding the death of Mr Willie Macrae. This decision requires Police Scotland to provide Mr Delamore with a copy of the first page of a vehicle report which fell within the scope of Mr Delamore’s request and which had previously been disclosed under the Freedom of Information (Scotland) Act 2002 (FOISA), but which Police Scotland did not disclose to Mr Delamore.

[2015] ScotIC 154 – 2015
Bailii
Scotland

Scotland, Information

Updated: 05 January 2022; Ref: scu.554160

Q and Aberdeen City Council (Building Warrants): SIC 2 Oct 2015

Building warrants – On 25 September 2014, Q asked Aberdeen City Council (the Council) whether there had been any building warrants applied for or granted for a named property since 1994.
The Council informed Q that it would cost andpound;70 to provide this information, the standard fee for its Property History search service.
The Commissioner investigated and found that the Council had failed to respond to Q’s request for information in accordance with FOISA and the EIRs. The Council was not entitled to charge for a search service under its publication scheme, as it claimed. The Council also failed to issue a refusal notice which complied with regulation 13 of the EIRs. She required the Council to issue a revised response to Q’s requirement for review

[2015] ScotIC 153 – 2015
Bailii
Scotland

Scotland, Information

Updated: 05 January 2022; Ref: scu.554163

Friends of Loch Etive and Argyll and Bute Council: SIC 14 Oct 2015

SIC Section 75 Agreement – On 30 January 2014, Friends of Loch Etive (FLE) asked Argyll and Bute Council (the Council) for correspondence and other information relating to a proposed section 75 planning agreement. The Council’s response was appealed to the Commissioner and resulted in Decision 242/2014.
On 24 November 2014, FLE made a further request, asking again for correspondence and other information relating to the agreement, plus all information relating to the section 75 agreement, covering the period 30 January 2014 to the date of completion of the agreement and a copy of a plan. The request acknowledged that circumstances had changed since the previous request: a judicial review, previously only threatened, was underway at the time.
The Council responded under the EIRs, supplying a copy of the plan but withholding the remainder of the information under regulations 10(4)(e) and 10(5)(e) of the EIRs. Following a review, FLE remained dissatisfied and applied to the Commissioner for a decision.
The Commissioner investigated and found that the Council responded to FLE’s request for information in accordance with the EIRs.

[2015] ScotIC 159 – 2015
Bailii
Scotland

Scotland, Information

Updated: 05 January 2022; Ref: scu.554155

Trybis and Argyll and Bute Council (Sale of Castle Toward): SIC 20 Oct 2015

On 19 January 2015, Mr Trybis asked Argyll and Bute Council (the Council) for information concerning a proposal to sell Castle Toward for a specified figure.
The Council provided some information. In relation to one part of the request, it informed Mr Trybis that the information he was seeking was held in papers submitted to Councillors, but did not provide details to enable him to locate and access these papers. Following a review, Mr Trybis remained dissatisfied and applied to the Commissioner for a decision.
The Commissioner investigated and found that the Council had been wrong to inform Mr Trybis that all of the information falling within the scope of this part of his request was otherwise accessible. She also found that the Council had failed to provide Mr Trybis with reasonable advice and assistance as to where the information which was otherwise accessible could be found. She was satisfied that these failures had been rectified by the end of the investigation

[2015] ScotIC 162 – 2015
Bailii
Scotland

Scotland, Information

Updated: 05 January 2022; Ref: scu.554161

Applicant A and Office of The Scottish Charity Regulator: SIC 20 Oct 2015

SIC Number of Complaints Made Concerning A Specified Address – On 26 July 2015, Applicant A asked the Office of the Scottish Charity Regulator (OSCR) for the number of referrals or complaints made by Police Scotland or other bodies to OSCR concerning charity events at a specified address.
OSCR informed Applicant A that it did not hold the requested information.
Following an investigation, the Commissioner upheld OSCR’s response.

[2015] ScotIC 161 – 2015
Bailii
Scotland

Scotland, Information

Updated: 05 January 2022; Ref: scu.554153

Cavan and West Lothian Council: SIC 29 Sep 2015

Correspondence With Queen’s Counsel – On 14 April 2015, Mr Cavan asked West Lothian Council (the Council) for information provided to Queens Counsel and advice received in relation to a specific housing estate.
The Council withheld the information as it was subject to legal professional privilege. Following investigation, the Commissioner accepted this.

[2015] ScotIC 151 – 2015
Bailii
Scotland

Scotland, Information

Updated: 05 January 2022; Ref: scu.554150

Wright and East Dunbartonshire Council: SIC 18 Sep 2015

SIC Inspection and Maintenance Records for A Specified Street: Failure To Respond Within Statutory Timescales – On 4 June 2015, Watermans Solicitors, on behalf of their client Mr Donald Wright, asked East Dunbartonshire Council (the Council) for information about maintenance and inspection records for a specified street. This decision finds that the Council failed to respond to the request within the timescale allowed by the Freedom of Information (Scotland) Act 2002 (FOISA) and the Environmental Information (Scotland) Regulations 2004 (the EIRs). The decision also finds that the Council failed to comply with Mr Wright’s requirement for review within the timescale set down by FOISA and the EIRs.

[2015] ScotIC 146 – 2015
Bailii
Scotland

Scotland, Information

Updated: 05 January 2022; Ref: scu.554149