Category: Scotland

Firm A and Transport Scotland: SIC 23 Sep 2015

SIC Memorandum of Understanding With DFDS and Forth Ports – On 6 November 2015, Firm A asked Transport Scotland for a copy of the Memorandum of Understanding (MoU) entered into by the First Minister with the ferry company DFDS and Forth Ports in relation to the Rosyth/Zeebrugge ferry service.
Transport Scotland provided a redacted version of the MoU. Following a review, Firm A remained dissatisfied and applied to the Commissioner for a decision. Further information from the MoU was disclosed during the investigation.
The Commissioner investigated and found that Transport Scotland had responded to Firm A’s request for information in accordance with Part 1 of FOISA. The Commissioner accepted that disclosing the remaining information would be likely to prejudice substantially the commercial interests of those private entities who were parties to the MoU. She also concluded, on balance, that the public interest in disclosure was outweighed by that of maintaining the exemption.

[2015] ScotIC 149 – 2015
Bailii
Scotland

Scotland, Information

Updated: 05 January 2022; Ref: scu.554146

Mr X and South Lanarkshire Council: SIC 22 Sep 2015

SIC Disturbances at a Specified Property – On 13 April 2015, Mr X asked South Lanarkshire Council (the Council) for information about disturbances at a specified property. The Council responded by refusing to confirm or deny whether it held any information. Following a review, Mr X remained dissatisfied and applied to the
Commissioner for a decision.
The Commissioner investigated and found that the Council had properly responded to Mr X’s request for information in accordance with Part 1 of FOISA. This was because she found that the Council was entitled neither to confirm nor deny whether it held information which would address Mr X’s request. She did not require the Council to take any action.

[2015] ScotIC 147 – 2015
Bailii
Scotland

Scotland, Information

Updated: 05 January 2022; Ref: scu.554151

Mcardle and Strathclyde Partnership for Transport: SIC 23 Sep 2015

Register of Interests – On 8 December 2014, Ms McArdle asked Strathclyde Partnership for Transport (SPT) for information held in its Register of Interests pertaining to named individuals.
SPT provided some information, but informed Ms McArdle that it was withholding other information as it considered this to be third party personal data, disclosure of which would breach the data protection principles. Following a review, Ms McArdle remained dissatisfied and applied to the Commissioner for a decision.
The Commissioner investigated and found that SPT was entitled to withhold the personal data.

[2015] ScotIC 148 – 2015
Bailii
Scotland

Scotland, Information

Updated: 05 January 2022; Ref: scu.554152

Mr B and Lothian Health Board (: SIC 30 Sep 2015

SIC Specialist Assessment – On 21 January 2015, Mr Basked Lothian Health Board (NHS Lothian) for information relating to a named doctor, in the context of a particular specialist assessment.
NHS Lothian refused to provide the information, claiming it was personal data. Following a review, Mr B remained dissatisfied and applied to the Commissioner for a decision.
The Commissioner investigated and found that NHS Lothian had properly responded to Mr B’s request for information in accordance with Part 1 of FOISA. She was satisfied that the information was personal data, which NHS Lothian was entitled to withhold under section 38(1)(a) and (b) of FOISA.

[2015] ScotIC 152 – 2015
Bailii
Scotland

Scotland, Information

Updated: 05 January 2022; Ref: scu.554148

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

William Duff of Braco, Mr Leslie of Melrose, and Others v The Right Honourable David Earl of Buchan: HL 15 Apr 1725

Reduction Improbation – Union – The defenders in a reduction improbation having objected to the pursuer’s infeftment. which was taken at the Castle of Banff, by dispensation in a charter of 1625, that by a posterior charter that cattle was disjoined from the barony; the Court found that objection not relevant to hinder the taking of terms for production, reserving this matter after production: but their judgment is reversed.
The defenders made another objection, that the pursuer claimed under a charter to heirs male, whereas a subsequent charter, as they offered to prove, had been granted to heirs general. The Court gave the same judgment on this objection as on the former, but their judgment is also reversed:
And it is ordered, that in the further progress of the cause the Court do not oblige the appellants to take a term for production until the pursuer make out his title upon which he founds his suit
Sasine – The Court having repelled an objection made to a sasine written tookways, that the witnesses had only signed the last page; the judgment is reversed.

[1725] UKHL Robertson – 525, (1725) Robertson 525
Bailii

Scotland

Updated: 05 January 2022; Ref: scu.554122

Volrath Tham, Merchant In Gottenburgh v Charles Sheriff, and Richard Sheriff: HL 23 Apr 1725

Factor – A foreign factor advises his correspondents, that he has disposed of a cargo, and shipped returns for it, on both which he charges commission; he afterwards brings an action against the correspondents, alleging that he had lent his own goods, and had not received proceeds for theirs; but he is not allowed to prove facts contrary to his correspondence.
The knowledge of the ship-master, though Supercargo, and part owner, not relevant against the correspondence.
Proof – The factor having refused to allow a proof of the ship-master’s knowledge by his own oath, a proof by witnesses is refused him.

[1725] UKHL Robertson – 534, (1725) Robertson 534
Bailii

Scotland, Contract

Updated: 05 January 2022; Ref: scu.554121

Sir Alexander Maxwell of Monreith, Bart v Andrew Houston, Esq: HL 30 Apr 1725

Vitiation – An objection to a deed that it was erazed in substantialibus is repelled.
Vitious Intromission and Gestio pro Haerede – A person grants an entail of his estate to his son, and his heirs male whatsoever; with the burden of his debts; the son grants a back bond, in consideration of said entail to pay the father’s debts: after the death of the father and son, the daughters convey the estate real and personal of their father to a creditor, without making up titles by inventory or confirmation; and the creditor grants bond to protect them against what they had done, and from the debts of their father; the heir male of entail having got back the estate sues the said creditor for debts of the father as a vitious intrometter, in which he obtains decree; and the Court also find the moveable debts due to such intrometter to be extinguished: but their judgment is reversed 5 and the creditor is ordered to account for actual intromissions only.

[1725] UKHL Robertson – 539, (1725) Robertson 539
Bailii
Scotland

Trusts

Updated: 05 January 2022; Ref: scu.554120

Murray and Others v Tod and Others: SJC 13 Mar 1817

This was a multiplepoinding brought by the treasurer of the Royal Bank of Scotland, for the purpose of ascertaining who had right to two promissory notes, the one for L. 800, the other for L. 200.
The claimants on the one side were the nearest of kin of the late Mr Tod, and on the other certain parties who claimed those notes as having been delivered to a third party to be held for their behoof.

[1817] ScotJCR 1 – Murray – 222, (1817) 1 Murray 222
Bailii

Scotland, Banking

Updated: 05 January 2022; Ref: scu.554097

Whyte and Mandatory v Clark and Others: SJC 20 Mar 1817

Impartial and intelligent witnesses having sworn that they considered a person capable of managing his own affairs, and having supported their opinion by particular facts; found that he was not to be considered an ‘idiot’ or ‘fatuous and incapable of understanding business,’ though other witnesses swore that they considered him so.

[1817] ScotJCR 1 – Murray – 233, (1817) 1 Murray 233
Bailii

Scotland, Health

Updated: 05 January 2022; Ref: scu.554098

James Hamilton of Dalzell, Esq; Ex Parte v James Hamilton Brother To William Hamilton, of Orbiestoun, Deceased, and The Creditors of The Said William Hamilton, and James His Son: HL 18 Apr 1724

Service of heirs – An estate being disponed to a father and sailing him to his eldest son, and the heirs male of his body, with other subsitutions; and the eldest son having survived the father was infeft thereon, and died afterwards without serving heir to him: the Court found the right to the estate not fully vested in the son without a service, but the judgment is reversed upon appeal.
Death-bed – The Court having found that death-bed could be pleaded by an heir cut off by two prior deeds, and by creditors, the judgment is reversed.
Did, contracting the sickness at the time of executing the deed, constitute death-beds?
Fiar absolute limited – A father grants an absolute dispsition to his son, which is not completed by infeftment or by making up schedules in term, thereof the son afterwards joins with the father in making two new settlements of the estate, and the father who still continued in possession grants and position to a third party, after the son’s death; the Court having found these posterior dispositions were not of prejudice to the son’s creditors, the judgment is reversed.

[1724] UKHL Robertson – 493, (1724) Robertson 493
Bailii

Scotland, Trusts

Updated: 05 January 2022; Ref: scu.553904

Alexander Murray, of Broughton, Esq; Ex Parte v Captain James Butler, Nephew and Heir of Sir George Maxwell of Orchardton, and The Creditors of The Said Sir George: HL 21 Mar 1724

Solidum et pro rata – A debtor grants bond with a cautioner, and afterwards a bond of corroboration with a different cautioner; the money is paid by the cautioner in the corroboration; but he had only relief against the cautioner in the original bond for one half of the sum paid.

[1724] UKHL Robertson – 465, (1724) Robertson 465
Bailii
Scotland

Scotland

Updated: 05 January 2022; Ref: scu.553898

Alexander Murray, of Broughton, Esq; v George Bullerwell, Gentleman: HL 12 Feb 1723

Process – In a competition between two persons, claiming to be heirs to an estate, the inquest refused to retour either of them. One of the parties in an action of reduction and declarator, calls the other as a defender; a third claimant now craves to be admitted, as a defender in this action, stating himself to be in the same degree of propinquity with the other defender, which the pursuer acknowledged. The Court having refused to admit this third party as a defender in that action, the judgment is reversed, ex parte.

[1723] UKHL Robertson – 436, (1723) Robertson 436
Bailii

Scotland, Wills and Probate

Updated: 05 January 2022; Ref: scu.553796

Alexander Mill of Hatton, William Ross, and David Butter, Baillies of The Town of Montrose, for Themselves and Other Magistrates of The Said Town v Colonel Robert Reid and Others, Members of The Town Council of The Said Burgh: HL 23 Jan 1723

Member of parliament – In an action to reduce the election of certain magistrates of a royal burgh, on account of the imprisonment of certain of the electors by the provost, who was a member of parliament: the provost’s privilege of parliament could not be pleaded to stop the declarator against the other defenders, as not elected by a sufficient quorum:
And the provost’s privilege of parliament could not stop the pursuers from insisting upon the reason of reduction, that some of the electors were unwarrantably imprisoned by the provost.
Burgh Royal -It was relevant to annul the election of magistrates, that the provost had unwarrantably imprisoned some of the electors, during the time of the election, with an intention to prevent their giving their votes at that election.

[1723] UKHL Robertson – 452, (1723) Robertson 452
Bailii

Scotland, Elections, Constitutional, Magistrates

Updated: 05 January 2022; Ref: scu.553793

Kerr v Marshall: SJC 3 Jun 1816

It is the practice and understanding at Greenock, that an agent there who employs one in Glasgow or Paisley to conduct the causes of his clients, is only liable for the sums he recovers from the clients.

[1816] ScotJCR 1 – Murray – 59, (1816) 1 Murray 59
Bailii

Scotland

Updated: 05 January 2022; Ref: scu.553810

Elizabeth Duchess Dowager of Hamilton and Brandon v James Duke of Hamilton and Brandon, and Alexander Gillies: HL 21 Jan 1723

Fiar and Life-renter – The Court of Session having found, that a fiar had the right to cut and sell woods growing on part of an estate, that was life-rented, the judgment is reversed.

[1723] UKHL Robertson – 443, (1723) Robertson 443
Bailii

Scotland, Land

Updated: 05 January 2022; Ref: scu.553794

John Allardice, Merchant In Campvere v Jane Smart, Widow and Executrix of The ‘S Father, for Herself and Her Children: HL 12 Feb 1722

Provisions to Heirs and Children – A special provision, in a marriage contract, of sums of money to be laid out on land or other good security, and also of conquest in lands, heritages, fishings, sums of money and others, to the heirs of the marriage, went to all the children, and not to the eldest son only.
A discharge of provisions granted by two children to their father, in consideration of a certain sum of money, paid to them, operated in his favour with regard to the remainder of their provisions, and not in favour of another child, who did not discharge.
Fiar – A house, part of the conquest of a first marriage, is disponed to a person and his wife in conjunct fee and life-rent, and to the bairns of the marriage in fee, whom sailing, to the heirs of the husband: the husband being fiar might settle the life-rent thereof on a second wife.

[1722] UKHL Robertson – 399, (1722) Robertson 399
Bailii

Scotland, Family

Updated: 05 January 2022; Ref: scu.553735

John Arratt, Esq v John Wilson of Baikie: HL 21 Feb 1722

Appeal – In an action of declarator of trust an interlocutor is pronounced, holding a defender as confessed upon an account of charge and discharge, given in by the pursuer, and he is ordered to denude. Afterwards upon the defender’s application, the Court allowed him ten days longer to give in his accounts, but before the expiration of these ten days, he brings his appeal against certain interlocutors, and amongst others, against the interlocutors holding him as confest; all which are specially affirmed by the House of Peers. After the determination of the first appeal, the defender applied to the Court to have liberty to give in his accounts in ten days, as allowed by the interlocutor before the appeal: but it was found that his right was extinguished, and that he must denude in terms of the decree affirmed by the House of Lords.

[1722] UKHL Robertson – 409, (1722) Robertson 409
Bailii

Scotland, Trusts

Updated: 05 January 2022; Ref: scu.553736

Charlotte Marchioness Dowager of Annandale v James Marquis of Annandale: HL 15 Dec 1722

Provisions to heirs and children – Husband and wife – In a contract of marriage with a first wife, a person obliges himself to settle his estate on the heirs of the marriage; by a procuratory of resignation, executed in same terms, he reserved power to grant provisions to a second wife and younger children, on which infeftment followed; and by another deed he afterwards restricted his right of granting provisions to second wife, and children, to the extent of 100,000 l. Scots; After a second marriage, he grants a bond to a second wife for an annuity or jointure of 1000 l. sterling: but made no provisions for children of the second marriage. This second wife in a question with the heir of the first marriage, is declared to have the right to her jointure, till she drew thereout the sum of 100,000 l. Scots.
Registration – A deed restricting an unlimited power of granting provisions to a second wife and younger children, which unlimited power was contained in infeftments upon record, is found valid, though not registered, in a question between the heir and a second wife.

[1722] UKHL Robertson – 411, (1722) Robertson 411
Bailii

Scotland, Family

Updated: 05 January 2022; Ref: scu.553739

David Falconer, of Newtown, Esq v The Principal and Masters of King’s College, and The Provost, Baillies and Council of Aberdeen Ex Parte: HL 31 Jan 1722

Presumption – Two deeds of mortification in favour of the same persons, but of different dates, and for different sums, found in the grantors repositories, did not both subsist.
A proof of his intention allowed by the instrumentary witnesses.

[1722] UKHL Robertson – 397, (1722) Robertson 397
Bailii

Scotland

Updated: 05 January 2022; Ref: scu.553734

William Duff of Dipple Esq; v George Gordon of Glastirum Esq; Et E Contra: HL 21 Apr 1721

Real and Personal. –
A disposition is granted by a father to his son of the paternal estate, burdened with all debts contracted or to be contracted by the father; in a question between an onerous purchaser of the said estate, and an assignee of two personal bonds granted by the said disponer, the Court found that the debts were a real burden upon the subject disponed; but their judgment is reversed.

[1721] UKHL Robertson – 372
Bailii

Scotland

Updated: 05 January 2022; Ref: scu.553671

Alexander Munro The Younger of Auchinbowie v Grizel Bruce of Riddoch: HL 17 Jun 1721

HL Vis et metus. –
A disposition is granted by a woman to her heir at law, reserving her own life-rent, and the courtesy of a future husband, and declaring that it should not affect the heirs of her own body, and is followed by a more formal disposition a few days afterwards, on which infeftment followed: the brings an action for reduction on the ground, that being under arrest at London at the suit of a creditor, her heir had refused to bail her, unless she executed the deed first mentioned, and the bailiff threatening to carry her to Newgate, she gave her consent, and executed the deed as soon as bail was granted, and before the left the spunging-house: The Court reduces the deed and all that followed thereon; but the judgment is reversed.

[1721] UKHL Robertson – 387
Bailii

Scotland

Updated: 05 January 2022; Ref: scu.553672

William Brown, Merchant In Edinburgh, and Andrew Ross, Master of The Woollen Manufactory At Musselburgh v Robert Earl of Morton: HL 3 Feb 1720

King’s annexed Property – A person, to whom part of the annexed property had been granted, creates a heritable security thereon: his grant is afterwards reduced, and the decree confirmed by an act of reannexation: an act of disannexation is subsequently made, and a new grant of part of the premises passed to the representative of the family of the original grantee, though not his heir: this does not revive the heritable security granted by him.

[1720] UKHL Robertson – 254, (1720) Robertson 254
Bailii
Scotland

Land

Updated: 05 January 2022; Ref: scu.553640

William Morison, of Preston Grange, Esq; v Sir William Scott of Thirlestayn, William Nisbet of Dirleton, and John Scott of Harden, A Minor, By His Guardian: HL 19 Feb 1720

Husband and Wife – A bond, with a clause of annualrent is granted blank in the creditor’s name, but delivered to a wife, during the subsistence of her marriage: the husband entails his real estate on the grantor of the bond, and also conveys to him all his personal estate, but was not privy to said bond; in a competition between the executor of the husband, and the executor of the wife, the husband’s executor is preferred to said bond: and the wife’s executor is ordered to refund what had been paid to her, in her widowhood.
General Disposition – A general disposition of a man’s personal estate, made in favour of one who had, without the husband’s knowledge, granted a bond to the wife did not release this bond.

[1720] UKHL Robertson – 269, (1720) Robertson 269
Bailii
Scotland

Family, Trusts

Updated: 05 January 2022; Ref: scu.553641

John Robertson of Goodlyburn v George Earl of Kinnoul: HL 16 Mar 1720

Trust – Oath of Party – A person who had conveyed his feu to his superior’s son, having contended that the conveyance was deposited with a trustee, till certain conditions were fulfilled: after obtaining the oath of the superior, is also allowed the oath of the son, the disponee.
Peer – A matter referred to a peer’s oath.

[1720] UKHL Robertson – 287, (1720) Robertson 287
Bailii

Scotland, Litigation Practice

Updated: 05 January 2022; Ref: scu.553646

The Commissioners and Trustees of The Forfeited Estates v James Duke of Hamilton and Brandon, A Minor, By His Curators and Commissioners: HL 26 Feb 1720

Thirlage – An act of parliament gives to subject superiors the forfeited estates of their vassals: the Earl of Linlithgow being attained, forfeited to the Duke of Hamilton a mill held of his Grace as superior; but the earl having thirled part of his estate, held of the Crown, to this mill, this thirlage was not forfeited to the Duke of Hamilton.

[1720] UKHL Robertson – 274, (1720) Robertson 274
Bailii

Scotland, Land

Updated: 05 January 2022; Ref: scu.553637

Sir Robert Gordon, of Gordonstoun, Bart v James Brodie of Brodie, Esq;: HL 8 Feb 1720

Process – Incident Diligence – In mutual actions relative to the property of a common, several witnesses on both sides, are examined upon an act and commission; and upon a second diligence others, who had not before appeared, are also examined: one of the parties gives in a new list of witnesses, praying a new act and commission, and to have some witnesses re-examined on commission who had already deponed before the Court; but his petition is refused.

[1720] UKHL Robertson – 259, (1720) Robertson 259
Bailii

Scotland, Litigation Practice

Updated: 05 January 2022; Ref: scu.553639

The Commissioners and Trustees of The Forfeited Estates v James Drummond, Son of James Late Lord Drummond, and His Trustees: HL 22 Mar 1720

Forfeiture – Fiar or Life-renter – A disposition is made by a father, in 1713, to a son, then a few months old, of his estate, reserving power to fell or in-cumber part for debts already contracted, andc. with concurrence of trustees; and reserving the grantor’s life rent: in 1714 the father renounced this life-rent. By his attainder fur treason the estate was not forfeited, being rested in the son.
Papist – A child, a few months old, though born of Popish parents, might take an estate by disposition from his father.
Husband and Wife – A life-rent or jointure granted to a wife by her son, could not be restricted by a missive letter executed by her without her husband’s consent, on which a decree of declarator in absence had been taken.

[1720] UKHL Robertson – 290, (1720) Robertson 290
Bailii

Scotland

Updated: 05 January 2022; Ref: scu.553642

The Commissioners and Trustees of The Forfeited States v Kenneth Mackenzie of Assint, A Minor, By Colonel Alexander Mackenzie, His Curator: HL 10 Feb 1720

Papist attainted of Treason – The Act 5 Geo. 1 c. 22. having limited a certain time for preferring exception, against a forfeiture, a person who presented his exceptions as protestant heir of a trustee could not, after expiration of the time limited reply as protestant heir of those for whom the trust was created.
Trust Estate held for a Papist – An estate held in trust for the Earl of Seaforth, a papist, was forfeited to the public by his attainder, and could not be cases up, by the protestant heir.

[1720] UKHL Robertson – 263, (1720) Robertson 263
Bailii

Scotland, Trusts

Updated: 05 January 2022; Ref: scu.553638

The Commissioners and Trustees of The Forfeited Estates v Alexander Gordon of Auchintoule: HL 25 Feb 1720

Falsa demonstratio. – Misnomer. – Forfeiture under I Geo. I. c. 42 – Major General Thomas Gordon is attainted by act of parliament; and the commissioners seize the estate of Alexander Gordon, whose description agreed with the attainted person’s in every thing but the christian name: but upon exceptions taken the seizure is annulled.

[1720] UKHL Robertson – 278, (1720) Robertson 278
Bailii

Scotland

Updated: 05 January 2022; Ref: scu.553636

The Commissioners and Trustees for The Forfeited Estates v Sir George Stewart of Balcasky Bart Heir of John Stewart Esq; of Grantully, Deceased: HL 21 Dec 1720

Forfeiture for Treason. – Recognition to a loyal Superior – An act of parliament gave to superiors, continuing dutiful and loyal, the estates of attainted vassals: to a separate claiming the estate of his vassal, it is objected, on the 12th of September 1719, that he had not continued dutiful and loyal, but had corresponded with the Pretender, entertained him at his house, and given him a present of plate; the Court of Session, on the 29th of October, two days before their powers expired, granted the objectors a proof; and no proof being adduced on the 31st, circumduced the term against them; and decerned in favour of the claimant: the judgment is reverted.

[1720] UKHL Robertson – 337, (1720) Robertson 337
Bailii

Scotland

Updated: 05 January 2022; Ref: scu.553652

Alexander Lord Saltoun v William Fraser Esq; His Brother, Guardian and Trustee for Alexander Fraser: HL 16 Jun 1720

Parent and Child – Tutor and Pupil – Lord Saltoun having left 4000 l. payable at the first term after his decease, to the eldest son of the master of Saltoun, and failing him to the grantor’s heirs of entail; and having appointed an uncle of the pupil to be his tutor and curator with a salary during nonage with power to uplift the principal and interest, to employ the money in the purchase of lands, andc.: the pupil’s father, the heir and executor of the grantor of the provision, was not obliged to pay over the money to the uncle without security, but to pay it to the Court of Session, who were ordered to by it out in the manner directed by the grant.

[1720] UKHL Robertson – 312, (1720) Robertson 312
Bailii

Scotland, Trusts

Updated: 05 January 2022; Ref: scu.553647

William Ayton Esq v Dame Margaret Colvill, Widow of Sir John Ayton of Ayton, and Robert and Andrew Ayton Their Sons: HL 23 Feb 1719

Representation – An eldest son of a marriage is retoured legitimus et propinquior baeres to his father cum beneficio inventarii. In the inventory he gives up not only the lands settled upon him in his mother’s contract of marriage, but also certain other lands; and afterwards brings a reduction of the provisions in a second contract of marriage, alleging, that he was only heir of provision in virtue of his mother’s contract of marriage, and as such might still quarrel his father’s deeds, the narrative of the retour designing him heir procreated between a certain man and woman; it is found, that he was served heir of lint to his father, and as such could not quarrel any of his father’s deeds.

[1719] UKHL Robertson – 221, (1719) Robertson 221
Bailii
Scotland

Trusts

Updated: 04 January 2022; Ref: scu.553531

Sir Peter Fraser of Doors v Isabel Sandilands, Widow of William Black Esq: HL 12 Jan 1719

Presumption – A person being sued in 1718 by the widow of one to whom, in 1697, he had granted a bond of pension for the consideration of managing the grantor’s law affairs; though never demanded by the grantee during his life, the bond is supported and the money decerned for.
Holograph – Whether holograph or not being referred to the oath of the grantor of a bond, the term is circumduced against him for not deponing.

[1719] UKHL Robertson – 209, (1719) Robertson 209
Bailii

Scotland, Contract

Updated: 04 January 2022; Ref: scu.553529

James Blackwood, of London, Merchant v John Hamilton of Grange: HL 26 Jan 1719

Tenor – The Court of Session having reduced a decree of proving the tenor of a bond, and an adjudication and decree of mails and duties following thereupon, for the reason that it was not proved who were the writer and witnesses: the judgment is, from the circumstances of the case, reversed, the reasons of reduction repelled, and the adjudication sustained.
Damage and Interest – The Court, in an interlocutor prior to those appealed from, having sustained the adjudication for the principal sum and interest, without all accumulation, penalties, and expences whatsoever, this latter part of their judgment is reversed.

[1719] UKHL Robertson – 211, (1719) Robertson 211
Bailii

Scotland, Contract

Updated: 04 January 2022; Ref: scu.553528

William Scott of Raeburn, An Infant, By His Guardians v Walter Scott of Harden, Alias Highchester, An Infant By His Guardians: HL 9 Mar 1719

Tailzie – A person receives right to an estate from his father, and the son afterwards executes a procuratory of resignation for an entail of the estate, with prohibitory and irritant clauses, to himself in life-rent and to his father in fee, and failing of him to the heirs male to be procreated of his own body, and sailing them to other heirs of entail: This procuratory was registered in the register of Tailzies, and inhibition used against the grantor, but no charter or sasine taken thereon: It is found, that there being no antecedent onerous cause for making this entail, especially in favour of heirs to be begotten and born, and seeing it remained in the terms of a personal right, without being perfected by charter or sasine, it was revocable by the maker thereof, with consent of his father the first institute.

[1719] UKHL Robertson – 226, (1719) Robertson 226
Bailii
Scotland

Landlord and Tenant

Updated: 04 January 2022; Ref: scu.553533

John Cuninghame of Enterkine v The Hon Katherine Hamilton, Relict of Wm Cuninghame of Enterkine, The ‘S Mother: HL 8 Jun 1717

Tenor – The tenor of a lost deed of remuneration to a wife over certain lands, for part of her jointure secured upon other lands renounced by her, found to be proved by an instrument of sasine; a deed in which the remuneratory deed was recited, and a slender proof by witnesses:
It was not necessary to prove the casus amissionis in this case:
The defender having claimed a proof that his mother, the pursuer, in his minority, had intromission with all his father’s deeds and writings, the same is refused.

[1717] UKHL Robertson – 187, (1717) Robertson 187
Bailii

Scotland

Updated: 04 January 2022; Ref: scu.553509

Sir John Schaw, of Greenock, Bart v Dame Margaret Schaw, Alias Houston, and Sir John Houston, Bart Her Husband: HL 10 Mar 1718

Tailzie – A father infeft in an estate in life-rent, and a son infeft in fee, jointly entail the estate in the son’s contract of marriage, with prohibitory, irritant, and resolutive clauses, and with a proviso, that the father and son should jointly have power to alter; this entail was insert in the register of tailzies upon the joint supplication of the father and son, but no resignation was made nor infeftment taken thereon: the irritancies and clauses not to alter were binding upon the son (after the father’s death) even supposing the substitution were gratuitous.

(1718) Robertson 203, [1718] UKHL Robertson – 203
Bailii

Scotland, Land

Updated: 04 January 2022; Ref: scu.553508

John Murray of Conheath v James Murray His Younger Brother, Trustee for Elizabeth Maxwell Their Mother: HL 28 Jul 1715

Fiar – The proprietor of an estate, burdened with apprisings, dying, leaves two lifters, whose husbands enter into a submission for themselves, and as taking burden upon them for their wives, with a person who had or appeared to have right to some of these apprisings; by the decreet arbitral, they are decreed to be conveyed to the husbands and their wives, the husbands paying the price; the wives were fiars of these apprisings, and not the husbands

[1715] UKHL Robertson – 144, (1715) Robertson 144
Bailii
Scotland

Land, Wills and Probate

Updated: 04 January 2022; Ref: scu.553486

William Habkin, Belt-Maker In Edinburgh v Roger Hog, Merchant In Edinburgh: HL 19 Aug 1715

Annual Rent, Costs and Expences – two tradesmen having contracted to clothe a regiment, and to divide equally under a Denalty the sums to be received by virtue of an assignment of off-reckonings delivered to each of them : one of them afterwards receives a new assignment of off-reckonings, and a sum of money from the Treasury, and refusing to pay a balance due to the other, the Court ordained the person receiving the money, which, they found, fell under the first assignment, and their mutual contrail, to pay the balance due to the other, which however was restricted to a smaller sum than was claimed : but the Court having refused him damage and interest; upon appeal the judgment is reversed, and the respondent is ordered to pay to the appellant the principal sum found due to him, with the interest thereof, from the time the respondent received the remainder of the money; and the Court is ordered to cause the costs and expences of the appellant in the action to be taxed and ascertained and forthwith paid to him by the respondent.
No Specific sum being here awarded, proceedings afterwards upon the complaint of the appellant, relative to the taxing of his expences by the Court of Session, and resolutions and orders of committees and of the House there on a sum allowed to the complainant for his subsequent expences, in taxing costs.

[1715] UKHL Robertson – 147, (1715) Robertson 147
Bailii

Scotland, Contract

Updated: 04 January 2022; Ref: scu.553490

John Goddard, Gentleman v Sir John Swinton, Baronet: HL 30 Aug 1715

Foreign Decree – The effect of a judgment of the Court of King’s Bench, when founded upon by a pursuer against a defender in the Court of Session.
Homologation – The defender had in England been surrendered by his bail, who were discharged ; and the defender executed an instrument, importing that the judgment should not be released by such discharge; this instrument found not to homologate the judgment.

[1715] UKHL Robertson – 162, (1715) Robertson 162
Bailii

Scotland, Litigation Practice

Updated: 04 January 2022; Ref: scu.553488

Robert Middleton, Rector of St Mary’s In Colchester v Lieutenant-Colonel John Balfour: HL 2 Sep 1715

Heritable and Moveable – A father in 1641, upon his eldest son’s marriage, settled an estate upon him and the heirs thereof, reserving a power to burden: the son was infeft, and half the marriage portion paid to the father; but the wife dying without issue, within year and day, the father granted a bond to the son to employ same for his benefit, or to restrict his power of burdening pro tanto; the eldest son also dying, the father settled the estate upon the second son who, after the father’s death, granted heritable securities with infeftment to creditors thereon in 1666, upon which apprisings were led in 1670. His son having taken up the succession as heir to his uncle, instead of his father (the second son); at the instance of creditors, the contract of marriage and infeftment were reduced by the Court of Session, but with a clause, that the half of the marriage-portion which has been paid should be a real burden upon the estate: this half was afterwards confirmed by the executor and adjudication taken in 1680. In a competition between the person having right to the heritable bonds and infeftments in 1666, with apprisings thereon in 1670, and the person having right to the half of the marriage-portion, the Court having preferred the latter, the judgment is reversed.

[1715] UKHL Robertson – 167, (1715) Robertson 167
Bailii

Scotland, Trusts

Updated: 04 January 2022; Ref: scu.553491

James Hamilton of Dalziel Esq v The Principal, Masters, and Professors of The University of Glasgow: HL 9 Jun 1716

Superior and Vassal – An university having acquired righ to an adjudication of lands, held in ward, for a debt due to them, the Court found that the superior must enter the university, or pay the debt to the extent of the value of the lands: but upon appeal the judgment is reversed; and it is ordered, that the superior should admit such proper person for vassal as the university should nominate.
Bona fide Possession – The superior, notwithstanding the reversal, is obliged to account for the rents since the charter was offered to him by the university, he having deduction of his casualties as if the old vassal then entered.

[1716] UKHL Robertson – 172, (1716) Robertson 172
Bailii

Scotland, Education, Landlord and Tenant

Updated: 04 January 2022; Ref: scu.553496

David Gregory of Kinnairdy v James Anderson Grazier In Aberdeen: HL 24 Jun 1716

Donatio inter virumet Uxorem – During the subsistence of a marriage a wife and her sister, who have an equal right to a bond, convey the same to the husband. He afterwards makes his will, appointing his wife executrix and universal legatee, for behoof of the grandchildren. After the death of the husband, the grant formerly made by her to him was not revocable as a donatio inter virum et uxorem.
Prescription – The prescription of 40 years not to be counted, from the date of an assignment of a bond, but from the time of receiving the money thereon.
Onerous cause – An assignment of a bond, bearing to be for onerous cause, from the circumstances of parties as executrix and trustee, found not to prove the onerous cause of the assignment in a question near 50 years from the date thereof.
Trust – A discharge granted by an executrix to a manager for her under a will, who had a salary, or all his receipts and intromissions, in general terms, was not sufficient to discharge him from the intromission with a bond, which the deceased disponed to the widow, his executrix, for the good of his grand-children.

[1716] UKHL Robertson – 178, (1716) Robertson 178
Bailii

Family, Wills and Probate, Scotland

Updated: 04 January 2022; Ref: scu.553495

The Gubernators of Heriot’s Hospital, and James Young Their Treasurer v Robert Hepburn of Bearford: HL 2 Jun 1715

Kirk Patrimory – The superiority of certain church lands, which were purchased from the crown for an onerous consideration, and which were specially excepted in the act 1633, c. 13. ‘anent regalities of erection,’ part of the general re-annexing acts, found to be in such purchasers, where the vassal had taken charters and infeftments from the subject superior for near 100 years.

[1715] UKHL Robertson – 118, (1715) Robertson 118
Bailii

Scotland, Land

Updated: 04 January 2022; Ref: scu.553483

The Corporation of Butchers in Edinburgh v The Magistrates of Edinburgh, and Corporation of Candle-Makers There: HL 29 Jun 1715

Burgh Royal – The Court of Session having found that the butchers of Edinburgh should be restrained from rinding tallow for sale, and that the magistrates could oblige them to sell their tallow at a certain price to the candle makers, which was in terms of a bye-law of the magistrates, ratified by a private act of parliament the judgment is reversed. This act was not sufficient to restrain the butchers from melting or rinding their tallow.

[1715] UKHL Robertson – 124, (1715) Robertson 124
Bailii

Scotland, Commercial

Updated: 04 January 2022; Ref: scu.553482

William Collier, Captain of His Majesty’s Ship The Mermaid v Robert Stewart, Provost of Aberdeen, and Company, Owners and Freighters, and Alexander Inglis, Master of The Ship Joanna of Aberdeen: HL 8 Jul 1715

Prize – A French privateer having captured a Scots ship, took a quantity of goods out of her, and some money from the ship-master, and upon payment of a ransom agreed upon, allowed the ship to depart with a ransom brief; the privateer having continued upon the coast, and being there captured by a British ship of war the money and goods taken by force, as well as the ransom, were to be restored by the captors.

[1715] UKHL Robertson – 130, (1715) Robertson 130
Bailii

Scotland, Transport

Updated: 04 January 2022; Ref: scu.553487

Hugh Wallace of Ingliston v Sir Alexander Hope of Kerse, Bart: HL 3 Jun 1713

Jus Exigendi. – A Lady’s jointure being secured on certain heritable debts but no infeftment taken, the husband’s estate is forfeited during the Usurpation, but being afterwards restored to his heir, reserving the claims of the widow and others, and ordering those to refund, who had received grants out of the estate; the assignee of the widow’s executrix had no jus exigendi of the sums received by these grants.
Subject Forfeiture under Cromwell’s Usurpution.- The Earl of Forth, and Bramford being forfeited, and his estate seized, a bona fide creditor of the then government, is paid his debt by a grant out of the Earl’s estate: on the restoration, the Court of Session found that the heir of such creditor was obliged to refund, but their judgment was reversed in the parliament of Scotland.
This last head is only mentioned incidentally but not decided in this case.

[1713] UKHL Robertson – 91, (1713) Robertson 91
Bailii

Scotland, Land

Updated: 04 January 2022; Ref: scu.553464

Adam Cockburn of Ormiston, One of The Senators of The College of Justice, and Dame Ann His Wife v John Hamilton of Bangour, A Minor, By His Guardian: HL 12 Jun 1713

Construction. – Forbes, 4 and 23 July, 1712. In a question with regard to funeral expences, and expences of confirmation, the House of Peers haring reversed a judgment of lis finita and found that the assignee of an executrix might insist for these claims, it was still competent to plead prescription thereto.
Subject – Funeral Charges. Prescription. – The accounts paid by the said assignee, without the 3 years were prescribed where she herself was not contractor, but where she was contractor did not prescribe.
Subject – Confirmation. – The Expences of confirmation though not especially conveyed to the said assignee, but paid by her, are found to exhaust the executry.
Subject – Debitor non praesumitur donare. – By marriage contract a wife is provided to the houshold furniture, the husband afterwards grants her a bond and the liferent of a house is settled upon her, these may fulfill as separate and distinct rights.

[1713] UKHL Robertson – 61, (1713) Robertson 61
Bailii

Scotland

Updated: 04 January 2022; Ref: scu.553463

James Don Esq; v Sir Alexander Don of Newton: HL 14 Jul 1713

An estate is entailed by a person to himself in liferent and to his eldest son and the heirs male of his body whom failing to the entailer himself, whom failing to his second and third sons, and the heirs male of their bodies andc. whom all failing to the father’s nearest heirs and assignees: another estate is entailed to the second son of the former entailer and the heirs male and female of his body, whom failing to the said former entailer and his heirs male of tailzie and provision in the former entail; after failure of the institute in the second entail and the heirs male and female of his body, the heir male of the first entailer succeeds to the estate contained in the second entail.
Tailzie
An heir of entail prohibited from alienating gratuitously, where the prohibitory, irritant, and resolutive clauses, were referred to as contained in another entail.
At making an entail the institute reconveys to his father an estate formerly settled upon him, and he and his wife discharge an obligation upon the father by their contract of marriage; the institute, nevertheless, cannot gratuitously alter.

[1713] UKHL Robertson – 76, (1713) Robertson 76
Bailii

Land, Trusts, Scotland

Updated: 04 January 2022; Ref: scu.553468

Sir Patrick Home, Baronet v Sir Robert Home, Baronet Et E Contra: HL 27 Jun 1712

Circumstances sufficient to reduce deeds upon this ground. Being so reduced they stand as a security only or the onerous causes thereof.
By marriage contract the husband is bound to resign the estate to himself, and the heirs male of the marriage, and inhibition being used thereon he was disabled to dispose of that estate gratuitously, in prejudice of the heir male of the marriage.
This heir male being served Haeres masculus et provisionis to his father is found liable by the Court to warrant his father’s deeds, but the judgment is reversed.
A second Son having accepted from his Father a tack of the estate for payment of debts and having afterwards taken a disposition of that estate from his elder brother, the trustee is obliged to count and clear the onerous cause of this disposition, at the suit of the son of the said elder brother, (whom the Court had found to be beir-male.)

[1712] UKHL Robertson – 47, (1712) Robertson 47
Bailii

Scotland, Trusts

Updated: 04 January 2022; Ref: scu.553461

John Scott of Hedderwick Esq; v The Magistrates and Town Council of Montrose: HL 5 Jun 1714

Teind Court. – An Action of valuation being suffered to fall asleep, the minister lets a tack of the teinds to the magistrates of a royal burgh, and the action being wakened, these magistrates ought to have been called as parties.
A decree of valuation, obtained on a mistake as to the rental, fet aside, and the mistake rectified.

[1714] UKHL Robertson – 96, (1714) Robertson 96
Bailii
Scotland

Landlord and Tenant

Updated: 04 January 2022; Ref: scu.553472

John Crawfurd, An Infant, By Jane His Mother and Guardian v Archibald Crawfurd Esq: HL 5 Apr 1712

Minor non tenetur placitare – The maxim does not take place in a reduction upon the head of dole, or fraud in the minor’s father.
Proof. – A deed found proved to be fraudulently altered upon ocular inspection of the different pieces, and a letter from one of the perpetrators of the fraud.

[1712] UKHL Robertson – 28, (1712) Robertson 28
Bailii

Scotland, Trusts, Torts – Other

Updated: 04 January 2022; Ref: scu.553457

George Lockhart Esq; v John Chiefly of Kersewell, Writer In Edinburgh, Margaret Pow, William Montgomery, Walter Chiefly, and William Bertram: HL 7 Jun 1714

Non-entry – A Superior having obtained a general declaratory of non-entry, his agent in a subsequent ranking restricts the superior’s interest so as to be ranked posterior to annual renters. On a reduction by the superior on the head of lesion and as being absens reipublicae causa, the ranking is sustained.
Ranking and Sale – It is not relevant to reduce a decreet of ranking, that posterior to the date of the decreet the interests of certain creditors were produced, and ranked, and yet no new decreet put up in the minute-book.

[1714] UKHL Robertson – 80, (1714) Robertson 80
Bailii

Scotland, Insolvency

Updated: 04 January 2022; Ref: scu.553470

Michael Russell of London, Merchant v John Cochran of Waterside Esq: HL 12 Jun 1714

Presumption. – A bond is granted for a partnership debt to an individual creditor by one partner; the same partner afterwards executes an assignment of the partnership funds to the creditors in general, bearing to be in full payment and satisfaction of the partnership debts; this was recited in a power of attorney granted by the creditors; though the assignment was not executed by the other partner, it extinguished the bond to the individual creditor.

[1714] UKHL Robertson – 84, (1714) Robertson 84
Bailii

Company, Insolvency, Scotland

Updated: 04 January 2022; Ref: scu.553473

Sir Robert Home, Bart v Sir Patrick Home, Bart: HL 1 Jul 1714

Sequestration. – A sequestration, granted of an estate, where a person was in possession by virtue of a tack from his father for payment of debts, adjudications in his person with expired legals, and a disposition from an elder brother, which, though reduced for fraud and circumvention, was still to stand as a security for the onerous cause thereof.
Presumption. – From circumstances of presumption a person is made to count and reckon for property, which with his content had formerly been conveyed by a weak elder brother to another person.

[1714] UKHL Robertson – 105, (1714) Robertson 105
Bailii

Insolvency, Scotland

Updated: 04 January 2022; Ref: scu.553476

Alexander Robertson Esq of Strowan v Margaret Robertson, His Sister: HL 4 Jun 1712

A mother being put in possession of part of her eldest Son’s forfeited estate for aliment to younger children, in a question with the Son after the estate restored, it is found that her intromissions, above the current interest of their portions, went in discharge of former interest due thereon and of current interest, but not in payment of principal, or of interest after the intromissions ceased.
Circumstances inferring this crime: though decree taken in the civil action, recourse might also be had to the penal: the pains of battery not remitted by an act of general indemnity.

[1712] UKHL Robertson – 55, (1712) Robertson 55
Bailii

Scotland, Trusts, Children

Updated: 04 January 2022; Ref: scu.553460

Sir James Sinclair of Dunbeath, Bart v John Sinclair of Ulbster, Esq: HL 2 Jun 1713

Provisions to Children. – A portion being left to a daughter; with a proviso, that she should not dispose of or incumber the same, or interest thereof, till the times of payment should be elapsed; the might, nevertheless, make an alignment thereof, in trust for herself, to have an action carried on to recover the interest.
Appeal brought for delay. – In this case the respondent found entitled to such interest, as he might have entitled himself to by registering the horning, had he not been restrained by the appeal.

[1713] UKHL Robertson – 59, (1713) Robertson 59
Bailii

Scotland, Trusts

Updated: 04 January 2022; Ref: scu.553465

Mr Paul Hutcheon and Chief Constable of The Police Service of Scotland (Housing Allowances for Police Officers): SIC 1 Sep 2015

Housing allowances for police officers – On 19 January 2015, Paul Hutcheon asked the Chief Constable of the Police Service of Scotland (Police Scotland) for information on the amount of housing allowance claimed by officers in 2013-14.
Police Scotland provided Mr Hutcheon with information fulfilling part of his request, but they refused to provide a breakdown of the amount of housing allowance claimed by individual senior officers. Following a review, Mr Hutcheon remained dissatisfied and applied to the Commissioner for a decision.
The Commissioner investigated and found that Police Scotland were entitled to withhold the information on the basis that it was personal data, disclosure of which would breach the first data protection principle, and therefore it was exempt from disclosure under FOISA.

[2015] ScotIC 139 – 2015
Bailii
Scotland

Scotland, Information

Updated: 04 January 2022; Ref: scu.552562

Mr Ian W Baxter and Aberdeenshire Council (Alleged Blue Badge Misuse): SIC 1 Sep 2015

SIC On 10 September and 9 October 2014, Mr Baxter asked Aberdeenshire Council (the Council) for information relating to the possible misuse of a Blue Badge.
The Council refused to provide the information, considering it to be personal data, disclosure of which would breach the data protection principles. Following a review, the Council provided some information. Mr Baxter remained dissatisfied and applied to the Commissioner for a decision.
The Commissioner investigated and found that the Council had generally responded to Mr Baxter’s requests for information in accordance with Part 1 of FOISA, although it should not have Mr Baxter that it held no information in relation to his request of 9 October

[2015] ScotIC 140 – 2015
Bailii
Scotland

Scotland, Information

Updated: 04 January 2022; Ref: scu.552561

Mr R and Scottish Prison Service (Employment of Prisoners In Prison Kitchen): SIC 7 Sep 2015

SIC On 16 February 2015, Mr R asked the Scottish Prison Service (SPS) for information pertaining to the employment of prisoners in the HMP Edinburgh prison kitchen.
The SPS provided Mr R with some of the information he had requested, and informed him that certain information was otherwise available to him. The SPS refused to provide the remainder of the information as it considered it to be third party personal data, disclosure of which would breach the data protection principles.
The Commissioner investigated and found that the SPS had responded to Mr R’s request for information in accordance with Part 1 of FOISA.

[2015] ScotIC 143 – 2015
Bailii
Scotland

Scotland, Information

Updated: 04 January 2022; Ref: scu.552563

Kelly and Nhs Tayside (Information Relating To Professor Muftah Salem Eljamel): SIC 24 Aug 2015

Information relating to Professor Muftah Salem Eljamel – On 2 December 2014, Mr Patrick Kelly asked NHS Tayside for information relating to Professor Muftah Salem Eljamel.
NHS Tayside responded by providing some information, stating that some of the information was not held and refusing to confirm or deny whether it held other information. Following a review, Mr Kelly remained dissatisfied and applied to the Commissioner for a decision.
The Commissioner investigated and found that NHS Tayside was entitled to do this.

[2015] ScotIC 136 – 2015
Bailii
Scotland

Scotland, Information

Updated: 04 January 2022; Ref: scu.552553

Mr Hutcheon and Scottish Ministers (Applications for Interception Warrants): SIC 8 Sep 2015

SIC Applications for Interception warrants – On 11 November 2015, Mr Hutcheon asked the Scottish Ministers (the Ministers) for statistical breakdowns of applications for interception warrants in financial years 2012/3 and 2013/4.
The Ministers responded by providing some information, but also refusing some information.
Following a review, Mr Hutcheon remained dissatisfied and applied to the Commissioner for a decision.
The Commissioner investigated and found that the Ministers had properly responded to Mr Hutcheon’s request for information, in accordance with Part 1 of FOISA.

[2015] ScotIC 144 – 2015
Bailii
Scotland

Scotland, Information

Updated: 04 January 2022; Ref: scu.552560

Oxton House Rest Home and Glasgow City Council (Step Up Service): SIC 26 Aug 2015

SIC Step Up Service – On 5 March 2015, Oxton House Rest Home (Oxton House) asked Glasgow City Council (the Council) how much it paid to private care homes per week for the Step Up Service for one individual.
The Council initially told Oxton House that the information was exempt from disclosure under FOISA. After review, it stated that it did not hold the information.
Following an investigation, the Commissioner was satisfied that the Council did not hold the information Oxton House had asked for. She did not require the Council to take any action.

[2015] ScotIC 137 – 2015
Bailii
Scotland

Scotland, Information

Updated: 04 January 2022; Ref: scu.552556

Mclean and City of Edinburgh Council (St Stephen’S Church Clock, Edinburgh): SIC 11 Aug 2015

SIC St Stephen’s Church Clock, Edinburgh – On 3 September 2014, Mr McLean asked the City of Edinburgh Council (the Council) for information about the chime from St Stephen’s Church clock.
Following a review, the Council disclosed some information to Mr McLean, but withheld other information. Mr McLean remained dissatisfied and applied to the Commissioner for a decision.
The Commissioner investigated and found that the Council had been wrong to withhold some information from Mr McLean under regulations 10(5)(f) and 10(4)(e) of the EIRs. She accepted that the Council was entitled to withhold some personal information under regulation 11(2), and some information under regulations 10(4)(e) and 10(5)(f) of the EIRs.
The Commissioner ordered the Council to disclose the information which the Council had wrongly withheld from Mr McLean.

[2015] ScotIC 128 – 2015
Bailii
Scotland

Scotland, Information

Updated: 04 January 2022; Ref: scu.552550

Allan Milligan and Glasgow City Council (Legal Authorisation To Claim Additional Monies: Failure To Respond Within Statutory Timescales): SIC 9 Sep 2015

Legal authorisation to claim additional monies: Failure to respond within statutory timescales – On 7 May 2015, Mr Milligan asked Glasgow City Council (the Council) for evidence of the Council’s legal authority to claim what he described as ‘additional monies’ in relation to the recovery of parking charges. 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). The decision also finds that Glasgow City Council failed to comply with Mr Milligan’s requirement for review within the timescale set down by FOISA.

[2015] ScotIC 145 – 2015
Bailii
Scotland

Scotland, Information

Updated: 04 January 2022; Ref: scu.552558

Ms S and Aberdeenshire Council (Termination Payment): SIC 11 Aug 2015

Termination payment – On 13 March 2015, Ms S asked Aberdeenshire Council (the Council) for information about the payment agreed with Tesco following the termination of a contract for the sale of land. The Council withheld the information.
Following a review, Ms S remained dissatisfied and applied to the Commissioner for a decision.
The Commissioner investigated and found that the Council had properly responded to Ms S’ request for information in accordance with Part 1 of FOISA. The Commissioner found that at the time of its response the Council was entitled to withhold the information under the exemption in section 33(1)(b) of FOISA.

[2015] ScotIC 127 – 2015
Bailii
Scotland

Scotland, Information

Updated: 04 January 2022; Ref: scu.552555

Mr Y and Forth Valley NHS Board (Accident and Incident Forms: Failure To Respond Within Statutory Timescales): SIC 17 Aug 2015

Accident and incident forms: failure to respond within statutory timescales – On 23 February 2015, Mr Y submitted four information requests to Forth Valley NHS Board (NHS Forth Valley) for the accident and incident forms completed by healthcare staff for each week over a four week period. This decision finds that NHS Forth Valley failed to respond to the four requests within the timescale allowed by the Freedom of Information (Scotland) Act 2002 (FOISA). The decision also finds that NHS Forth Valley failed to comply with Mr Y’s requirements for review within the timescale set down by FOISA.
The Commissioner ordered NHS Forth Valley to respond to Mr Y’s requirement for review in relation to three of his requests.

[2015] ScotIC 131 – 2015
Bailii
Scotland

Scotland, Information

Updated: 04 January 2022; Ref: scu.552554

Mr N and New College Lanarkshire (Investigation Information): SIC 18 Aug 2015

SIC Investigation Information – On 16 February 2015, Mr N asked New College Lanarkshire (the College) for a copy of an investigation into concerns he had raised with the College in 2012 regarding a named member of staff.
The College responded by informing Mr N that the information was personal data and exempt from disclosure. Following investigation, the Commissioner found that the College was entitled to withhold the information on the basis that it was personal data, disclosure of which would breach the data protection principles.

[2015] ScotIC 132 – 2015
Bailii
Scotland

Scotland, Information

Updated: 04 January 2022; Ref: scu.552552

Mr Andrew Hamilton and Scottish Qualifications Authority (Qualifications of Named Individuals): SIC 1 Sep 2015

SIC Qualifications of named individuals- On 9 April 2015, Mr Hamilton asked the Scottish Qualifications Agency (the SQA) for qualification and training information about two named individuals. The SQA stated that the requested information was exempt from disclosure as it consisted of personal data.
The Commissioner investigated and found that the SQA was entitled to refuse to confirm or deny whether it held relevant recorded information, or whether such information existed.

[2015] ScotIC 141 – 2015
Bailii
Scotland

Scotland, Information

Updated: 04 January 2022; Ref: scu.552559

Mr K and Scottish Prison Service (Search Procedures At External Work Placements): SIC 19 Aug 2015

Search procedures at external work placements – On 2 October 2014, Mr K asked the Scottish Prison Service (the SPS) for information relating to procedures for searching prisoners at external work placements.
The SPS provided some information, informing Mr K that it did not hold the remainder. Mr K was dissatisfied that he had not been provided with all the information he had requested and applied to the Commissioner for a decision.
Following an investigation, the Commissioner was satisfied that the SPS did not hold any further information.

[2015] ScotIC 133 – 2015
Bailii
Scotland

Scotland, Information

Updated: 04 January 2022; Ref: scu.552551