Category: Scotland

Daniel Midwinter, Et Alii Book Sellers In London v Alex Kincaid, Et Alii Booksellers In Edinburgh and Glasgow: HL 11 Feb 1751

Process. – Literary Property. – Act 8 Anne c. 19.-
Found in the House of Lords, that an action on the statute was improperly and inconsistently brought, by demanding at the same time damages for books surreptitiously sold, and also the penalties of the act; and likewise, by joining in the same summons several pursuers claiming distinct and independent rights in different books.

Lord Elchies
[1751] UKHL 1 – Paton – 488
Bailii
Scotland

Intellectual Property

Updated: 22 November 2021; Ref: scu.558201

James Catanach, Et Alii C H Gordon, and R Paterson, Vice-Chancellor of The University of Aberdeen: HL 11 Apr 1745

Professor of law.-
It being required by the foundation of a college, that the professors of law should be doctors of laws, or at least licentiates, cum rigore examinations, an objection that the college could no longer confer that degree legally, was not sustained against one who pretended to be so qualified.

[1745] UKHL 1 – Paton – 401
Bailii
Scotland

Legal Professions

Updated: 22 November 2021; Ref: scu.557095

George Montgomery-Moir, Esq of Leckie v Anne, His Wife, and Others: HL 24 Apr 1751

Separation and Aliment – Cruelty. –
The respondent raised an action of separation and aliment against her husband, the appellant, on the ground of cruelty and a calumny published by him against her honour and reputation. It was objected, that there was no relevant statement to support the action. The Commissaries allowed a proof of the libel. On advocation the Court refused the bill, but remitted, with instructions to the Commissaries, to allow a proof only of such facts as appeared material, and of the publication alleged. Proof of the calumnies on the part of the husband was allowed. The Commissaries found facts and circumstances proved relevant to infer separation. On bill of advocation the Court refused the bill, and remitted to the Commissaries. In the House of Lords reversed, and held the evidence not sufficient to support the conclusions for separation and aliment.

[1751] UKHL 6 – Paton – 687
Bailii
Scotland

Family

Updated: 22 November 2021; Ref: scu.558207

William Sutherland, of Little Torbol, Esq v Alexander Gordon of Ardoch, Esq Et Alii: HL 7 Mar 1751

Provision to Heirs and Children. – Fiar absolute and limited.-
A disposition in a marriage contract to the heir of the marriage in fee, with an obligation to infeft, and absolute warrandice, imports only a right of succession, and not a jus crediti, in a question with onerous creditors.
Inhibition.-
A right of succession under a marriage contract cannot by inhibition be made effectual against onerous creditors of the father.

[1751] UKHL 1 – Paton – 493
Bailii
Scotland

Trusts

Updated: 22 November 2021; Ref: scu.558206

His Majesty’s Advocate v Mary Drummond, Only Daughter of The Marriage Between James, Lord Drummond and Lady Jane Gordon: HL 3 Apr 1753

Provision to Heirs and Children – Ante-Nuptial Contract – Implied Condition. –
By an ante-nuptial contract, provision was made for daughters, if one, of 40,000 merks, if two, 50,000 andc., payable at their respective ages of eighteen, or on marriage, providing that these should be in full of all they could claim as natural portion, or bairns’ part of gear, which they, or either of them, as heir, or heirs of line, or at law, might claim. The respondent was the only daughter, and she claimed the 40,000 merks when eighteen years of age; but it was objected that this clause supposed that the daughters were only to be paid the provision upon failure of issue male of the marriage, and, therefore, that it was conditional. Held her entitled to her provision. Reversed in the House of Lords.

[1753] UKHL 6 – Paton – 692, (1753) 6 Paton 692
Bailii
Scotland

Family

Updated: 22 November 2021; Ref: scu.558212

Trump International Golf Club Scotland Ltd and Another v The Scottish Ministers and Another: SCS 17 Oct 2013

Outer House – Court of Session – This petition for judicial review challenged the decisions of the Scottish Ministers (a) not to hold a public inquiry, and (b) to grant consent under section 36 of the Electricity Act 1989 for the construction and operation of a deployment centre for testing eleven offshore wind turbines, with a maximum power generation of up to 100MW.

Lord Doherty
[2013] ScotCS CSOH – 166
Bailii
Electricity Act 1989 36
Scotland
Cited by:
At Outer House – Trump International Gold Club Scotland Ltd and Another v The Scottish Ministers and Another SCS 11-Feb-2014
Outer House . .
Cited – Sustainable Shetland v The Scottish Ministers and Another (Scotland) SC 9-Feb-2015
Wind Farm Permission Took Proper Account
Sustainable Shetland challenged the grant of permission for a wind farm saying that the respondents had failed properly to take account of their obligations under the Birds Directive, in respect of the whimbrel, a protected migratory bird.
At Outer House – Trump International Golf Club Scotland Ltd and Another v The Scottish Ministers SCS 5-Jun-2015
The petitioner golf course objected to the consent to an offshore windfarm. . .
At Outer House – Trump International Golf Club Scotland Ltd and Another v The Scottish Ministers (Scotland) SC 16-Dec-2015
The appellant challenged the grant of permission to the erection of wind turbines within sight of its golf course.
Held: The appeal failed. The challenge under section 36 was supported neither by the language or structure of the 1989 Act, and . .

Lists of cited by and citing cases may be incomplete.

Planning

Updated: 22 November 2021; Ref: scu.517021

Coyle v Lanarkshire Health Board: SCS 24 Oct 2013

[2013] ScotCS CSOH – 167
Bailii
Citing:
Cited – Hucks v Cole CA 1968
(Reported 1993) A doctor failed to treat with penicillin a patient, the plaintiff, in a maternity ward who was suffering from septic spots on her skin though he knew them to contain organisms capable of leading to puerperal fever. Several . .

Lists of cited by and citing cases may be incomplete.

Scotland, Professional Negligence

Updated: 22 November 2021; Ref: scu.517018

Margaret, Agnes, Mary, Marion, and Janet Kennedies, Heirs Portioners of The Deceased Alexander Kennedy, of Glenour, Their Brother, and Their Respective Husbands for Their Interests v Alexander Macdowall, of Garthland: HL 13 Apr 1724

Writ – A bond reduced as vitiated, where after the sum the word ‘Pounds’ was written upon an erazure, and the penalty was in merks, effeiring to a fifth part of the principal if it had been merks, but not if pounds, as it stood on the bond as claimed on. This bond had been allowed, as it then stood, for a compensation in an action, between the father of the persons founding on it, and a third party, upwards of thirty years before, but was not then produced.

[1724] UKHL Robertson – 488, (1724) Robertson 488
Bailii
Scotland

Contract

Updated: 22 November 2021; Ref: scu.553905

Afzal v Her Majesty’s Advocate: HCJ 12 Sep 2013

The defendant appealed against his conviction for offences of rape and sexual assault. He complained as to the directions given to the jury on returning majority verdicts where: ‘the Learned Trial Judge ought to have directed the jury that in order to return a verdict of guilt a number of 8 of them had to be in favour of guilt in relation to each offence, and that only in those circumstances could a verdict of guilt be returned on the whole libel.’
Held: The deiderated direction was not necessary.

Lord Brodie, Lady Dorrian, Lord Woolman
[2013] ScotHC HCJAC – 103, 2013 SCL 954, 2013 GWD 30-596
Bailii

Scotland, Crime

Updated: 21 November 2021; Ref: scu.516526

ICL Tech Ltd v Johnston Oils Ltd: SCS 25 Sep 2013

[2013] ScotCS CSOH – 159
Bailii
Citing:
Cited – Hucks v Cole CA 1968
(Reported 1993) A doctor failed to treat with penicillin a patient, the plaintiff, in a maternity ward who was suffering from septic spots on her skin though he knew them to contain organisms capable of leading to puerperal fever. Several . .

Lists of cited by and citing cases may be incomplete.

Scotland, Professional Negligence

Updated: 21 November 2021; Ref: scu.516332

Sustainable Shetland, Re Judicial Review: SCS 24 Sep 2013

Outer House – The petitioner environmental group objected to the grant under the 1989 Act of permission for the construction for a substantial wind farm in Central Mainland, Shetland.

Lady Clark of Calton
[2013] ScotCS CSOH – 158
Bailii
Electricity Act 1989, Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2000, Town and Country Planning (Scotland) Act 1997, Electricity (Applications for Consent) Regulations 1990
Cited by:
At Outer House – Sustainable Shetland v The Scottish Ministers and Another SCS 3-Dec-2013
Second Division – Inner House -The petitioners challenged the grant of permission under the 1989 Act for a windfarm on Shetland. . .
At Outer House – Sustainable Shetland v The Scottish Ministers and Viking Energy Partnership for Judicial Review SCS 9-Jul-2014
Inner House, First Division – Application regarding substantial wind farm on Shetland. The claimants said that the defenders had failed to take proper account of te effect of the proposed development on the whimbrel. . .
At Outer House – Sustainable Shetland v The Scottish Ministers and Another (Scotland) SC 9-Feb-2015
Wind Farm Permission Took Proper Account
Sustainable Shetland challenged the grant of permission for a wind farm saying that the respondents had failed properly to take account of their obligations under the Birds Directive, in respect of the whimbrel, a protected migratory bird.
Scotland, Environment, Utilities

Updated: 21 November 2021; Ref: scu.516334

N v Chief Constable of The Police Service of Scotland: SIC 16 Sep 2013

SIC On 13 February 2013, Mr N asked the Chief Constable of the Police Service of Scotland (the Police) for correspondence regarding a child’s play area.
The Police stated that they did not hold the requested information.
The Commissioner accepted this, but found that the Police had failed to provide reasonable advice and assistance to Mr N in line with section 15 of FOISA.

[2013] ScotIC 209 – 2013
Bailii

Scotland, Information

Updated: 21 November 2021; Ref: scu.516088

Oyne Community Association and Aberdeenshire Council: SIC 13 Sep 2013

SIC Archaeolink – Oyne Community Association (OCA) asked Aberdeenshire Council (the Council) for information about the former Archaeolink visitor attraction. The Council provided some information, but withheld information it considered commercially sensitive. Following an investigation, during which the Council disclosed further information to OCA, the Commissioner accepted that the information still withheld by the Council was exempt from disclosure under section 33(1)(b) of FOISA.

[2013] ScotIC 202 – 2013
Bailii

Scotland, Information

Updated: 21 November 2021; Ref: scu.516090

N v Scottish Prison Service: SIC 16 Sep 2013

SIC On 29 November 2012, Mr N asked the Scottish Prison Service (SPS) for information concerning employment, production and performance in relation to the Timber Production Workshed at HMP Glenochil.
Following a review, the SPS informed Mr N that under section 14(2) of FOISA it was not required to comply with his request because it was substantially similar to a previous request it complied with on 9 August 2012.
During the investigation, the SPS informed the Commissioner that it no longer wished to apply section 14(2), but instead considered Mr N’s request to be vexatious under section 14(1).
The Commissioner did not accept the SPS’s position regarding section 14(1), and required it to provide a response to Mr N otherwise than under section 14(1) of FOISA.

[2013] ScotIC 204 – 2013
Bailii

Scotland, Information

Updated: 21 November 2021; Ref: scu.516089

Baxter v Aberdeen City Council: SIC 12 Sep 2013

Blue Badge Scheme – On 19 February 2013, Mr Baxter asked Aberdeen City Council (the Council) for a range of information on its Blue Badge Scheme. The Council responded by providing some information.
Following an investigation, the Commissioner found that the Council had dealt with Mr Baxter’s
request for information in accordance with Part 1 of FOISA and the EIRs. She did not require the Council to take any action.

[2013] ScotIC 199 – 2013
Bailii

Scotland, Information

Updated: 21 November 2021; Ref: scu.516085

H v Risk Management Authority: SIC 4 Sep 2013

SIC Risk management tools – On 12 October 2012, Mr H asked the Risk Management Authority (the RMA) for information as to forms, guidance, training materials, evaluation materials and other documentation relating to the risk management of offenders. The RMA responded by providing some information to Mr H. It notified him that it did not hold other information, withholding the remaining information on the basis of substantial prejudice to the effective conduct of public affairs.
Following an investigation, the Commissioner accepted the RMA’s arguments.

[2013] ScotIC 193 – 2013
Bailii

Scotland, Information

Updated: 21 November 2021; Ref: scu.516084

Alan Laing v Scottish Ministers: SIC 16 Sep 2013

SIC On 4 March 2013, Mr Laing asked the Scottish Ministers (the Ministers) for the number of reports, etc. they held about the independence referendum. Following a review, the Ministers informed Mr Laing that they did not hold the information he had asked for.
Following an investigation, the Commissioner found that the Ministers had been entitled to come to this conclusion. The Commissioner also found that the Ministers failed to respond to Mr Laing’s request within the required timescale.

[2013] ScotIC 210 – 2013
Bailii

Scotland, Information

Updated: 21 November 2021; Ref: scu.516076

Giuseppe De Santis v Aberdeen City Council: SIC 12 Sep 2013

Nationality/ethnicity data for housing benefit claimants – On 16 April 2013, Mr De Santis asked Aberdeen City Council (the Council) for details of the nationality or ethnicity of the city’s housing benefit claimants. The Council advised Mr De Santis that it was not required to comply with his request, because the cost of doing so would exceed the specified limit of andpound;600. After investigation, the Commissioner accepted this was correct

[2013] ScotIC 200 – 2013
Bailii

Scotland, Information

Updated: 21 November 2021; Ref: scu.516083

John Mclean v Scottish Public Services Ombudsman: SIC 16 Sep 2013

SIC On 24 January 2013, Mr McLean asked the SPSO, with reference to its Complaints and Investigations Guidance, for copies of approved change control forms. The SPSO responded by providing a blank copy of the relevant change control form. Following an investigation, the Commissioner found that the SPSO failed to provide Mr McLean with the required notice that the information he sought was not held. Having communicated this to Mr McLean, she did not require the SPSO to take any action.

[2013] ScotIC 205 – 2013
Bailii

Scotland, Information

Updated: 21 November 2021; Ref: scu.516086

Mackenzie v Chief Constable of The Police Service of Scotland: SIC 13 Sep 2013

SIC On 4 December 2012, Mr Mackenzie asked Northern Constabulary (the Police) for information relating to the use of psychological and electronic warfare. The Police responded by stating that it was not involved in any operations using these methods and so it did not hold the information he sought. This was accepted by the Commissioner following an investigation.

[2013] ScotIC 201 – 2013
Bailii

Scotland, Information

Updated: 21 November 2021; Ref: scu.516080

Ernest Hurry v Scottish Ministers: SIC 16 Sep 2013

SIC On 9 October 2012, Mr Hurry asked Marine Scotland, a Division of the Scottish Ministers (the Ministers), for a copy of all public representations received in relation to two wind farm planning applications. The information was disclosed to Mr Hurry with the names and addresses of the correspondents redacted under regulation 11(2) of the EIRs, on the grounds that it was the personal data of the correspondents and its disclosure would breach the first data protection principle.
Following an investigation, during which the Ministers disclosed information relating to the corporate bodies which had made representations, the Commissioner accepted this reasoning in relation to the remaining withheld information.

[2013] ScotIC 208 – 2013
Bailii

Scotland, Information

Updated: 21 November 2021; Ref: scu.516081

Gordon and Glasgow City Council: SIC 16 Aug 2013

George Square design contest – On 22 January 2013, Mr Gordon asked Glasgow City Council (the Council) for the score cards used by the judges in the George Square design contest. The Council handled the request under the Environmental Information (Scotland) Regulations 2004 (the EIRs) and withheld the information under regulation 10(4)(e) (internal communications).
Following an investigation, the Commissioner found that the score cards were not excepted from disclosure and ordered the Council to provide the information to Mr Gordon.

[2013] ScotIC 175 – 2013
Bailii

Scotland, Information

Updated: 21 November 2021; Ref: scu.516068

Alan Laing and Scottish Ministers: SIC 4 Sep 2013

SIC The purchase and use of alcohol – On 22 April 2013, Mr Laing asked the Scottish Ministers (the Ministers) for the number of bottles, and value of alcohol, purchased in each financial year since 2007/8, and the value of alcohol owned by the Scottish Government. The Ministers submitted that it would cost more than andpound;600 to provide the information and therefore they were not required to comply with Mr Laing’s request (section 12 of FOISA).
The Commissioner accepted this, but found that the Ministers had failed to provide advice and assistance in line with section 15 of FOISA.

[2013] ScotIC 194 – 2013
Bailii

Scotland, Information

Updated: 21 November 2021; Ref: scu.516075

Councillor Brian McCabe and Falkirk Council: SIC 10 Sep 2013

SIC Information held on a mobile device – On 25 February 2013, Councillor Brian McCabe (Councillor McCabe) asked Falkirk Council (the Council) for a transcript of text and email messages of a named employee’s mobile device for a specified time period. The Council refused Councillor McCabe’s request, arguing that business texts and emails had already been provided to him (which he accepted) and that personal texts and emails were held on behalf of the employee and so not held for the purposes of FOISA.
Following an investigation, the Commissioner found that the Council had dealt with Councillor McCabe’s request for information in accordance with Part 1 of FOISA.

[2013] ScotIC 197 – 2013
Bailii

Scotland, Information

Updated: 21 November 2021; Ref: scu.516074

Gordon and Scottish Ministers: SIC 16 Aug 2013

Scotland’s position in the EU post-independence: request to the Law Officers for advice – On 5 March 2013, Mr Gordon asked the Scottish Ministers (the Ministers) for the Scottish Government’s submissions to the Law Officers for legal advice regarding an independent Scotland’s position within the EU. The Ministers withheld the information under the exemptions in sections 29(1)(c) (provision of advice or request for the provision of advice by the Law Officers) and 36(1) of FOISA (legal professional privilege).
Following an investigation, the Commissioner was satisfied that the Ministers had properly applied section 29(1)(c) of FOISA and so the information was exempt from disclosure.

[2013] ScotIC 178 – 2013
Bailii

Scotland, Information

Updated: 21 November 2021; Ref: scu.516069

Gordon and Scottish Ministers: SIC 21 Aug 2013

SIC Scottish Oil Fund – On 16 October 2012, Mr Gordon asked the Scottish Ministers (the Ministers) for information regarding the Scottish Oil Fund. The Ministers disclosed some information and withheld the remainder under section 29(1)(a) (formulation and development of policy) and section 30(b)(i) (substantial inhibition to the free and frank provision of advice) of FOISA.
During the investigation, the Ministers argued that some of the information was exempt from disclosure under section 25(1) of FOISA, being ‘otherwise accessible’ to Mr Gordon. They also located additional information falling within the scope of Mr Gordon’s request, but did not cite any exemptions or disclose it to Mr Gordon.
Following an investigation, the Commissioner found that the exemptions cited by the Ministers did not apply and she ordered the Ministers to disclose the information to Mr Gordon. She also ordered them to disclose the information in relation to which no exemption had been applied.

[2013] ScotIC 184 – 2013
Bailii

Scotland, Information

Updated: 21 November 2021; Ref: scu.516070

Quelch and Keith and City of Edinburgh Council: SIC 22 Aug 2013

Complaint report – On 7 October 2012, Mr Quelch asked for a copy of a complaint report prepared by Edinburgh City Council (the Council). Mr Keith made a request for the same report four days later. In both cases, the Council decided that the information in the report was entirely excepted from disclosure under the EIRs.
Following an investigation, the Commissioner accepted that some of the information in the report had been correctly withheld, but found that the majority of it should be disclosed.

[2013] ScotIC 186 – 2013
Bailii

Scotland, Information

Updated: 21 November 2021; Ref: scu.516067

Colin Mcleod and Dundee City Council: SIC 4 Sep 2013

SIC Failure to respond to requirement for review – This decision considers whether Dundee City Council (the Council) complied with the technical requirements of the Freedom of Information (Scotland) Act 2002 (FOISA) and the Environmental Information (Scotland) Regulations 2004 (the EIRs) in responding to an information request made by Mr McLeod.

[2013] ScotIC 195 – 2013
Bailii

Scotland, Information

Updated: 21 November 2021; Ref: scu.516073