Category: Scotland

Rollo v HM Advocate: 1997

The court discussed the nature of a document as applied to an electronic notebook seized under the 1971 Act: ‘It seems to us that the essential essence of a document is that it is something containing recorded information of some sort. It does not matter if, to be meaningful, the information requires to be processed in some way such as translation, decoding or electronic retrieval’.

Judges:

Lord Mulligan

Citations:

[1997] Scots Law Times 958

Statutes:

Misuse of Drugs Act 1971 23(3)(b)

Cited by:

Cited – Victor Chandler International v Commissioners of Customs and Excise and another CA 8-Mar-2000
A teletext page can be a document for gaming licensing purposes. A bookmaker sought to advertise his services via a teletext page. His services were not licensed in this country, but the advertisements were. It was held that despite the . .
Lists of cited by and citing cases may be incomplete.

Scotland, Criminal Practice

Updated: 07 May 2022; Ref: scu.235707

Magistrates of Edinburgh v McLaren: HL 1881

Citations:

(1881) 8 R (HL) 140

Jurisdiction:

Scotland

Citing:

Cited – Edinburgh Corporation v Lord Advocate HL 1879
Competing claims to a mixed fund were resolved by the application of equitable principles. Funds had been contributed by a benefactor of a hospital for particular trust purposes and had for more than 170 years been held, administered and applied as . .

Cited by:

Cited – Foskett v McKeown and Others HL 18-May-2000
A property developer using monies which he held on trust to carry out a development instead had mixed those monies with his own in his bank account, and subsequently used those mixed monies to pay premiums on a life assurance policy on his own life, . .
Lists of cited by and citing cases may be incomplete.

Scotland

Updated: 06 May 2022; Ref: scu.220692

Nicholson v Atlas Steel Foundry and Engineering Co Ltd: HL 1957

The deceased had worked in the defender’s steel foundry, inhaling there siliceous dust particles. He contracted pneumoconiosis and died. The complaints related to the defender’s failure to provide adequate ventilation to extract the dust. The deceased had inhaled large quantities of noxious particles about which he could have no cause of complaint. The question was whether, in addition, he had, at the fault of the defenders in failing to provide adequate ventilation, inhaled other particles which made a material contribution to his illness
Held: For the defender: ‘if the statute prescribes a proper system of ventilation by the circulation of fresh air so as to render harmless, so far as practicable, all fumes, dust and other impurities that may be injurious to health, generated in the course of work carried on in the factory, and if it is proved that there is no system or only an inadequate system of ventilation, it requires little further to establish a causal link between that default and the illness, due to noxious dust, of a person employed in the shop. Something is required as was held in Wardlaw’s case. I was a party to that decision and would not in any way resile from it. But it must not be pressed too far. In the present case there was, in my opinion, ample evidence to support the appellants’ case.’ Since the family could not complain of the production of dust, and the deceased had been forced to inhale some noxious particles without having any legal complaint, it was doubly incumbent on the employer to safeguard him against any additional risk. Viscount Simonds said: ‘dust containing dangerous particles of silica was emitted into the air by the operation of pneumatic hammers on the castings, that this dust hung about in concentrated form longer than it would have if there had been better ventilation, and that improved roof ventilators were practicable and would have effectively improved the conditions. It follows that owing to the default of the respondents the deceased was exposed to a greater degree of risk than he should have been, and, though it is impossible, even approximately, to quantify the particles which he must, in any event, have inhaled and those which he inhaled but need not have, I cannot regard the excess as something so negligible that the maxim ‘de minimis’ is applicable. Accordingly, following the decision in Wardlaw’s case, I must hold the respondents liable.’ Lord Cohen: ‘Pneumoconiosis is a progressive disease. The longer a workman is exposed to an intense cloud the graver must be the risk of infection. In the present case it is clearly established by the evidence that at any rate down to 1949 the tool with which the deceased was working on dirty castings created a thick cloud of dust which must have necessarily included siliceous particles to an extent which cannot classed as ‘de minimis’. The respondents are admittedly not to blame for the generation of this cloud, but any failure to provide proper ventilation must, I think, lengthen the period during which the cloud remains intense. It seems to me to follow that the respondents’ failure to provide adequate ventilation must increase the risk to which the workmen are exposed. Reading the evidence as a whole, I think it establishes that (to use the language of Lord Reid in Wardlaw’s case) ‘on a balance of probabilities the breach of duty caused or materially contributed to’ the injury.’

Judges:

Viscount Simonds, Lord Oaksey, Lord Morton of Henryton, Lord Cohen

Citations:

[1957] 1 WLR 613, [1957] 1 All ER 776

Statutes:

Factories Act 1937 4(1)

Jurisdiction:

England and Wales

Citing:

Applied – Bonnington Castings Ltd v Wardlaw HL 1-Mar-1956
The injury of which the employee complained came from two sources, a pneumatic hammer, in respect of which the employers were not in breach of the relevant Regulations; and swing grinders, in respect of which they were in breach.
Held: It had . .

Cited by:

Cited – Fairchild v Glenhaven Funeral Services Ltd and Others HL 20-Jun-2002
The claimants suffered mesothelioma after contact with asbestos while at work. Their employers pointed to several employments which might have given rise to the condition, saying it could not be clear which particular employment gave rise to the . .
Cited – McGhee v National Coal Board HL 1973
The claimant who was used to emptying pipe kilns at a brickworks was sent to empty brick kilns where the working conditions were much hotter and dustier. His employers failed, in breach of their duty, to provide him with washing facilities after his . .
Lists of cited by and citing cases may be incomplete.

Damages, Scotland, Negligence

Updated: 06 May 2022; Ref: scu.190113

Inverclyde District Council v Lord Advocate: 1981

An application for submission of details supporting an application for outline planning permission had been made within the time limit. However, following an inquiry the Secretary of State had indicated that approval would be appropriate in respect of a more limited area, and had invited submission of detailed plans and information relating to the reduced area. The authority argued that such an amendment would be outside the scope of the original permission. They accepted that an amendment was possible within the three-year period, but submitted that once that period had come to an end no amendment whatever could validly be made.
Held: The argument was rejected. Lord Keith said: ‘It is to be observed that neither in the Act of 1972 nor in the Order of 1975 is any procedure laid down for the manner in which applications of this nature are to be dealt with, apart from the provisions about entry in the register. This is not a field in which technical rules would be appropriate, there being no contested lis between opposing parties. The planning authority must simply deal with the application procedurally in a way which is just to the applicant in all the circumstances. That being so, there is no good reason why amendment of the application should not be permitted at any stage, if that should prove necessary in order that the whole merits of the application should be properly ascertained and decided upon . . ‘

Judges:

Lord Keith

Citations:

(1981) 43 P and CR 375

Jurisdiction:

England and Wales

Cited by:

Cited – Oxfordshire County Council v Oxford City Council and Another CA 24-Feb-2005
The court was asked as to the power to amend an application for registration of land as a village green, in the absence of any specific provision in the regulations permitting amendment. Guidance was sought for practitioners. . .
Cited – Trail Riders Fellowship and Another, Regina (on The Application of) v Dorset County Council SC 18-Mar-2015
Objection had been made that a plan, used to register a right of way before it would disappear if un-registered, was to the wrong scale and that therefore the application was ineffetive.
Held: The Council’s appeal failed. The plan was too . .
Lists of cited by and citing cases may be incomplete.

Scotland, Planning

Updated: 06 May 2022; Ref: scu.565106

Salvesen v Riddell: SLC 29 Jul 2010

SLC Agricultural holdings – limited partnership tenancy – limited partner being agent of landlord – notice of dissolution of partnership validly given – notice given on 3 Feb 2003 – expected change of legislation on 4 Feb 2003 – retrospective change – notice ‘otherwise than for purpose’ of depriving of right – ‘deriving from this section’ – trigger or purpose – circular argument that purpose of notice could have been to defeat a right given by the notice – wide or strict construction – general partner – general partner’s right to continue in occupation – narrow construction appropriate if possible to avoid adverse retrospective effects – mischief of section – informed interpretation – result not contemplated by parliament – Agricultural Holdings (Scotland) act 2003 secs 72 and 73

Judges:

Lord McGhie, Mr J A Smith

Citations:

RN SLC 3/09

Links:

SLC

Statutes:

Agricultural Holdings (Scotland) act 2003 72 73

Jurisdiction:

Scotland

Cited by:

At Scottish Land Court – Salvesen v Riddell and Another SCS 15-Mar-2012
Second Division – The court allowed an appeal under section 88(1) of the 2003 Act from a decision of the Scottish Land Court. The section was incompatible with the European Convention on Human Rights. The Court proceeded on the basis that section 72 . .
At Scottish Land Court – Salvesen v Riddell and Another; The Lord Advocate intervening (Scotland) SC 24-Apr-2013
The appellant owned farmland tenanted by a limited partnership. One partner gave notice and the remaining partners indicated a claim for a new tenancy. He was prevented from recovering possession by section 72 of the 2003 Act. Though his claim had . .
At Land Court – Salvesen v Riddell and Another SCS 6-Jan-2015
The appellant enrolled a motion requesting payment by the Land court of the costs occasioned in a long running legal dispute. . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 06 May 2022; Ref: scu.512422

Stewart v Crofter’s Commission: SLC 10 Apr 2013

SLC Crofting – appeal from crofters commission against decision to consent to assignation of croft tenancy – natural justice – failure of commission to correctly apply sec 58a of Crofters (Scotland) Act 1993 – failure to treat objections correctly and to give objector an opportunity of commenting upon proposed assignee’s comments on objections – circumstances in which court upheld appeal under sec 52a(3)(c) of the Act

Judges:

Sheriff R J MacLeod, Mr A Macdonald

Citations:

RN SLC/40/11

Links:

SL

Statutes:

Crofters (Scotland) Act 1993 58a 52a

Jurisdiction:

Scotland

Land

Updated: 06 May 2022; Ref: scu.513534

Brewster v Strathmore Estates (Holding) Limited: SLC 30 May 2007

SLC Agricultural holdings – whether lease dated october 1949 but with stated duration of 14 years from Martinmas 1946 entered into ‘on or after November 1 1948’ for purposes of section 5 of Agricultural Holdings (Scotland) Act 1991 – whether statutory provisions or common law applied to maintenance of fixed equipment – retention of rent – whether tenant required to intimate the correct legal ground on which rent being retained – whether a tenant entitled to rely on retention of rent and claim damages for the same breaches obligations

Judges:

Sheriff MacLeod, D J Houston

Citations:

SLC/228/05

Links:

SLC

Statutes:

Agricultural Holdings (Scotland) Act 1991 5

Jurisdiction:

Scotland

Land, Scotland

Updated: 06 May 2022; Ref: scu.513536

Milliken v McNulty: SLC 5 Jun 2007

SLC Agricultural holdings – notice to quit – circumstances in which court refused motion for discharge of debate – procedure adopted on withdrawal of agent – competency of challenging validity of notice under section 22(2)(d) of Agricultural Holdings (Scotland) Act 1991 after service of notice to quit relying on said section

Judges:

Sheriff MacLeod, D J Houston

Citations:

SLC/44/06

Links:

SLC

Statutes:

Agricultural Holdings (Scot1and) Act 1991 22(2)(d)

Jurisdiction:

Scotland

Landlord and Tenant

Updated: 06 May 2022; Ref: scu.513537

McCullough v Mount Stuart Trust Limited: SLC 19 Jan 2007

SLC Agricultural holdings – application for determination of rent by land court under section 13 of the Agricultural Holdings (Scotland) Act 1991 as amended – whether application had been contractually compromised by alleged agreement between the parties – whether point had been reached at which parties had concluded their negotiations and had become bound in law

Judges:

Sheriff MacLeod, J A Smith

Citations:

RN SLC/228/04

Links:

SLC

Statutes:

Agricultural Holdings (Scotland) Act 1991

Jurisdiction:

Scotland

Landlord and Tenant

Updated: 06 May 2022; Ref: scu.513420

The Isle of Gigha Heritage Trust v Heard: SLC 11 May 2007

SLC Argicultural holdings – limited partnership tenancy – general partner giving notice of intention to become tenant – notice given before termination – whether given within 28 days – Agricultural Holdings (Scotland) Act, 2003, section 72 – the Agricultural Holdings (Relevant date and relevant period) (Scotland) Order 2003

Judges:

Lord McGhie, J A Smith

Citations:

SLC/176/06

Links:

SLC

Statutes:

The Agricultural Holdings (Relevant date and relevant period) (Scotland) Order 2003, Agricultural Holdings (Scotland) Act 2003 72

Jurisdiction:

Scotland

Land

Updated: 06 May 2022; Ref: scu.513535

Tierney v Valentine: 1994

A Boxer dog had attacked and bitten two children on a swing in a children’s play park. The court found that the dog which was in the charge of the appellant entered the play area. It was not on a lead. It approached the swings and circled round them and then started to bark and jump at the two children. One of the children began to scream, whereupon the dog bit that child in the foot. It then bit the other child on the leg and bit the first child again on the leg. This child got off the swing and started to run away. The dog bit her arm. It was at that point that the appellant intervened, caught the dog and put it on a lead’. The sheriff had noted the terms of section 10(3) saying: ‘Having regard to the evidence, I took the view that during the course of the events on (the date of the incident) the dog became dangerously out of control because, as matters developed, there were grounds for reasonable apprehension that it would injure someone, although there were no such grounds at the outset’.
Held: The sherrif’s approach was rejected: ‘The occasion which arose in this case, to which the definition in section 10(3) should be referred, was the occasion of the incident described in the findings. That was a single incident and it was an incident at the beginning of which this dog was found not to be dangerously out of control. Since it was a single incident with no appreciable interval, there was no stage at which it could be said that there were grounds for reasonable apprehension that the dog would injure any person before it was all over and the dog was put on the lead. Accordingly, the essential basis for a finding of guilt on this charge was not present’.

Citations:

1994 SCCR 697

Statutes:

Dangerous Dogs Act 1991

Citing:

Cited – Normand v Lucas 1993
A lady had fallen in the street and was sitting on a wall when the appellant appeared, along with a small Jack Russell dog. The lady who had fallen encouraged the dog to sit on her knee whilst she was on the wall. She leaned forward and the dog . .

Cited by:

Cited – Thomson v Procurator Fiscal, Peterhead HCJ 16-Dec-2009
The defendant appealed against her conviction for having her dog dangerously out of control in a public place. She said there had been insufficient evidence to justify the finding. The dog was said to had attacked and bitten another dog, and then . .
Lists of cited by and citing cases may be incomplete.

Scotland, Animals, Crime

Updated: 06 May 2022; Ref: scu.503463

McLeod v McLeod: 1744

Citations:

(1744) Mor 16754

Cited by:

Cited – Prudential Plc and Another, Regina (on The Application of) v Special Commissioner of Income Tax and Another SC 23-Jan-2013
The appellants resisted disclosure to the revenue of advice it had received. It claimed legal advice privilege (LAP), though the advice was from its accountants.
Held: (Lords Sumption and Clarke dissenting) LAP applies to all communications . .
Lists of cited by and citing cases may be incomplete.

Scotland, Legal Professions

Updated: 06 May 2022; Ref: scu.470883

North East Fife District Council v Secretary of State for Scotland: 1992

The court was asked as to the standing of the applicants to make their application. Lord President Hope said: ‘But in my opinion the fact that all three appellants were present at, and made representations at the public inquiry is sufficient for them to be persons ‘aggrieved’ . . they were entitled to expect that the Secretary of State, in considering their representations, would act within the powers conferred upon him by the statute and . . they are entitled to appeal against his decision on the ground that he has not done so.’

Judges:

Lord President Hope

Citations:

1992 SLT 373

Cited by:

Cited – Walton v The Scottish Ministers SC 17-Oct-2012
The appellant, former chair of a road activist group, challenged certain roads orders saying that the respondent had not carried out the required environmental assessment. His claim was that the road had been adopted without the consultation . .
Lists of cited by and citing cases may be incomplete.

Scotland, Planning

Updated: 06 May 2022; Ref: scu.470549

Lindsay v Murphy: 2010

The statutory purpose set out in the Act does no more than reflect the reality that cohabitation is a less formal, less structured and more flexible form of relationship than either marriage or civil partnership.

Judges:

Sheriff A D Miller

Citations:

2010 Fam LR 156

Statutes:

Family Law (Scotland) Act 2006 28

Cited by:

Cited – Gow v Grant SC 24-May-2012
The parties had lived together as an unmarried couple, but separated. Mrs Gow applied under the 2006 Act for provision. Mr Grant’s appeal succeeded at the Inner House, and Mrs Gow now herself appealed.
Held: The appeal succeeded. The Act did . .
Lists of cited by and citing cases may be incomplete.

Scotland, Family

Updated: 06 May 2022; Ref: scu.463494

Shedden v Patrick: 1852

Pleaded allegations of fraud must be based on clear and specific averments of fact from which an inference of fraud may legitimately be drawn

Judges:

Lord Fullerton

Citations:

(1852) 14 D 727

Cited by:

Cited – The Royal Bank of Scotland Plc v Hill SCS 3-Jul-2012
(Opinion) The bank sought production of a statutory demand issued against it by the defendant. It was said to have been served by misplaced by them, but denied that it had any valid basis. The defender alleged fraud but had not given any . .
Lists of cited by and citing cases may be incomplete.

Scotland, Litigation Practice, Torts – Other

Updated: 06 May 2022; Ref: scu.461943

Cathcart v Cathcart: 1902

The Court refused to grant a declarator that the pursuer was entitled to a liferent of land situated in England. Lord Low said: ‘Real estate in England is beyond the jurisdiction of the Scotch courts . . Further, if decree of declarator in terms of the second conclusion was pronounced, this court would have no power to give practical effect to the right thereby declared. The pursuer would require to go to England to obtain his remedy. Would the English courts, according to the principles of international law, be bound to recognise and act upon the declarator of this court? I am of opinion that they would not . . I think that the answer would be that it was for the court of the country where the real estate was situated to say what was the result, as regards the rights of the parties [of the relevant events]. I am therefore of opinion that the question . . is one with which this court is not competent to deal.’

Judges:

Lord Low

Citations:

(1902) 12 SLT 182

Scotland, Jurisdiction, Land

Updated: 06 May 2022; Ref: scu.463719

Ritchie v M’Intosh: 10 Jan 1881

Lord Young said that absolute impecuniosity is never the sole reason for making an order requiring payment of a sum by way of security for the costs on an appeal: ‘The conduct of the cause may be such, or other matters may transpire, which may make such an order necessary, but absolute impecuniosity will never be taken as the sole ground for making a party find caution for expenses.’

Judges:

Lord Young

Citations:

(1881) 8 R 747

Cited by:

Cited – Anderson v Shetland Islands Council and Another SC 29-Feb-2012
The claimant sought leave to appeal. Each party now sought security for costs against the other. Her action related to water damage to her house said to have been caused by road mprovements and building works erected by and with the approval of the . .
Lists of cited by and citing cases may be incomplete.

Scotland, Litigation Practice

Updated: 06 May 2022; Ref: scu.452402

Stevenson v Midlothian District Council: HL 1983

The pursuer was an undischarged bankrupt. The Lord Ordinary ordered him to find caution, although he was in receipt of legal aid. He said that he had had regard to the nature of the action and the pleadings, as well as to the fact that he was an undischarged bankrupt and had failed to pay the expenses awarded against him in a previous action.
Held: A decision to order caution was one for the court’s discretion and a Lord Ordinary’s discretion will only be overturned on appeal if its exercise was so unreasonable that no reasonable Lord Ordinary properly directed would have so decided. Evidence of impecuniosity was relevant, as was unreasonable behaviour and the fact that the pleadings did not disclose any arguable case.
Lord Fraser recommended reform of Scottish law with regard to supervision of administrative decisions.
Lord Fraser said: ‘It would clearly be wrong that a litigant with a stateable case should in effect be excluded from the court by an order with which he could not comply, unless in exceptional circumstances’ though in a case which is devoid of merits, that point loses most of its importance.

Judges:

Lord Fraser of Tullybelton

Citations:

1983 SC (HL) 50

Jurisdiction:

England and Wales

Cited by:

Cited – AXA General Insurance Ltd and Others v Lord Advocate and Others SC 12-Oct-2011
Standing to Claim under A1P1 ECHR
The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable . .
Cited – Anderson v Shetland Islands Council and Another SC 29-Feb-2012
The claimant sought leave to appeal. Each party now sought security for costs against the other. Her action related to water damage to her house said to have been caused by road mprovements and building works erected by and with the approval of the . .
Lists of cited by and citing cases may be incomplete.

Scotland, Administrative, Litigation Practice

Updated: 06 May 2022; Ref: scu.448085

Taylor v Forbes: 1830

The pursuer sued for freight for carrying a cargo of flour for the defender from Perth to Aberdeen. The pursuer did not insert sufficient planks to line the hold and protect the cargo from contact with the bilge water. He claimed that it was not customary to do so. When the flour was unloaded, part of the cargo was found to have been damaged by the bilge water. The cargo was sold, the damaged part at a reduced price. The reduction in value exceeded the freight. The pursuer sued for the freight before the Judge Admiral and the defender pleaded his loss by way of defence. The Judge Admiral was satisfied that the damage to the flour had been due to the pursuer’s fault in failing to line the hold properly. In view of the fact that the defender’s loss exceeded the freight, he assoilzied the defender. At the First Division, the pursuer argued that his claim for the freight was liquid and that the defender had to pay that liquid debt – leaving him to bring any claim for damages in a separate action.
Held: The First Division rejected that argument. The defender was saying that the pursuer was in breach of contract because had failed to make appropriate arrangements for carrying the flour to Aberdeen. So the pursuer had to show that, in the circumstances, he had earned the freight by duly performing his contract to carry the flour. Since his claim for freight was therefore illiquid, the defender was entitled to plead in defence the illiquid claim for loss which he had suffered as a result of the pursuer’s failure to make appropriate arrangements for carrying the flour.

Citations:

(1830) 9 S 113

Cited by:

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

Scotland

Updated: 06 May 2022; Ref: scu.410711

Muir and Milliken v Kennedy: 1697

A minor was sued as heir to his father, for a sum in a bond of caution granted by his father. The court allowed the defender time to show that the debt had already been paid. He then craved compensation for a sum allegedly owed to the estate on the ground that one of the pursuers had stayed for several years in his father’s house. The pursuers objected that this claim was not liquid.
Held: The Lords, ‘considering the favour of this case, being a minor and the heir of a cautioner’, and given that the pursuers’ claim was being delayed in any event to allow the defender to try to prove that the debt had been paid, ‘gave him a term to prove his compensations, seeing quod statim potest liquidari habetur pro jam liquido.’

Citations:

(1697) M 2567

Cited by:

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

Scotland, Children

Updated: 06 May 2022; Ref: scu.410712

Bovis Construction (Scotland) Ltd v Whatlings Construction Ltd: OHCS 1994

Correspondence preceding a contract could be looked at to determine the circumstances in which a provision in the contract was intended to apply.
Lord President Hope said: ‘In my opinion the issue which has arisen between the parties in this case requires that reference should be made to the previous correspondence in order to resolve it. This is because the essential point which is in dispute is not the meaning of the words and phrases used in the . . agreement but the circumstances in which it was intended to apply. The ordinary rules for the construction of written documents, including contracts such as that entered into in the present case, exclude reference to extrinsic evidence, unless there is an ambiguity in the words used which requires to be resolved by the use of such evidence. . But . . it is legitimate to look to the surrounding circumstances and see what was the intention of the parties, expressed in the words used, as they were with regard to the particular circumstances and facts with regard to which they were used . . We were referred by the pursuers’ counsel to a number of cases where it was recognised that extrinsic evidence was admissible to identify something mentioned in the contract, such as a person, thing or document referred to in it . . The purpose of such evidence is not to modify the contract but to apply it to the facts as explained by the extrinsic evidence.’

Judges:

Lord President Hope

Citations:

1994 SC 351

Cited by:

Appeal from – Bovis Construction (Scotland) Ltd v Whatlings Construction Ltd HL 19-Oct-1995
The managing contractors sought damages from a sub-contractor. The contract was on a printed form and in letters. A letter limited time related damages to pounds 100,000. The main contractors sought a much larger sum.
Held: A clause seeking to . .
Lists of cited by and citing cases may be incomplete.

Scotland, Contract

Updated: 05 May 2022; Ref: scu.381292

Patrick v Shedden: 29 Apr 1853

S raised an action against P before the Lords of Session in Scotland, who dismissed the action, and found P entitled to his expenses. S appealed to the House of Lords. Pending the appeal, P petitioned the Lords of Session for decree arid interim execution, under stat, 48 G 3, c 151, s. 17, for the expences. The Lords of Session allowed the decree, pronouncing an interlocutor and interim decree for payment upon security to repay (‘caution to repeat’}in the event of a reversal of the original judgment in the House of Lords, with warrant, in failure of payment after a time named, to poind S’s goods. – Security having been given, and the time havirig expired, P now sued for the amount of the expences.
Held: The action was not maintainable, the decree for payment not being in the nature of a final judgment.

Citations:

[1853] EngR 496, (1853) 2 El and Bl 14, (1853) 118 ER 674

Links:

Commonlii

Scotland, Insolvency

Updated: 05 May 2022; Ref: scu.294482

Moll v MacGregor: 1990

(Scottish Land Court) The parties had agreed a rent for an agricultural holding which was to vary annually in accordance with the Retail Price Index.
Held: ‘The main purposes of the 1949 Act were to provide for security of tenure, compensation at outgo and a degree of rent control. The rental provisions are thus crucial ones which include a public as well as a purely private element.’ The court considered the mandatory language of the statutory provisions: ‘Having now considered the imperative tenor not only of the 1949 Act (as amended), but also of the subsidiary order governing rental arbitrations, the court conclude that it is not open to parties, whether under the original lease or any subsequent agreement, to contract out of the statutory rental provisions laid down in the public interest for arbiters to follow. These mandatory provisions, based on the open market criterion discounted for scarcity, were obviously introduced with a view to achieving some degree of consistency in farm renting. Parties can of course still agree on a new rent themselves and provided they act on this it will no doubt be effectively binding between them. What they cannot legally do, however, is to contract completely out of the statutory provisions so that, in the event of disagreement, one side or the other is deprived from having recourse to a rent review at the stated period and on the statutory terms. For that would be to reinstate the mischief which these statutory provisions were designed to remedy.’

Citations:

[1990] SLT 59

Statutes:

Agricultural Holdings (Scotland) Act 1949

Jurisdiction:

Scotland

Cited by:

Cited – Mason v Boscawen ChD 18-Dec-2008
The landlord had opted to charge VAT on part of the rent. The tenant fell into arrears and now challenged a notice to quit which included the VAT. The court was asked what constituted ‘rent’ for the purposes of a demand for rent founding a notice to . .
Lists of cited by and citing cases may be incomplete.

Scotland, Landlord and Tenant, Agriculture

Updated: 05 May 2022; Ref: scu.279104

Finlayson v HM Advocate: 1978

Citations:

1978 SLT (Notes) 60

Cited by:

Cited – Airedale NHS Trust v Bland HL 4-Feb-1993
Procedures on Withdrawal of Life Support Treatment
The patient had been severely injured in the Hillsborough disaster, and had come to be in a persistent vegetative state (PVS). The doctors sought permission to withdraw medical treatment. The Official Solicitor appealed against an order of the Court . .
Lists of cited by and citing cases may be incomplete.

Scotland, Health

Updated: 05 May 2022; Ref: scu.180316

Inglis v Shotts Iron Co: HL 20 Jul 1881

HL A mining company leased the coal and ironstone on an estate, subject to the condition that they should not conduct any operations within a certain area (which extended about two miles from the mansion-house). They thereafter commenced calcining ironstone in bings at places beyond this area, near their march. The proprietor of the adjoining estate raised an action concluding for interdict against the company calcining within two miles of his lands, on the ground that the smoke from their bings was destroying the trees in his plantations. Held, after a proof, (1) that the pursuer had proved that his plantations had been injured by the defenders’ operations ; and (2) that he was entitled to interdict to prevent the defenders calcining within one mile of his march.

Citations:

[1881] UKHL 2, (1881) 8 R 1006, (1881-82) LR 7 App Cas 518

Links:

Bailii

Jurisdiction:

Scotland

Nuisance

Updated: 05 May 2022; Ref: scu.279655

John M’Lean of Lochbuy v Mary M’Lean and Husband: HL 8 Feb 1765

Conditional Bond – Apparent Heir-
A bond was granted by a grandfather to his granddaughter, under the condition that it was not to be alterable, except in the event of her marrying without his consent, or the consent of parties named. She married, after her grandfather’s death, without the requisite consent. Held the bond still good, and binding on the heir taking his estate, though the grandfather only possessed on apparency.

Citations:

[1765] UKHL 2 – Paton – 95, (1765) 2 Paton 95

Links:

Bailii

Jurisdiction:

England and Wales

Contract

Updated: 04 May 2022; Ref: scu.560605

Francis Sinclair, Esq, Brother of The Right Hon Alexander, Earl of Caithness, and His Majesty’S Advocate for Scotland v Earl of Breadalbane, Sir Wm Dunbar, Sir Wm Sinclair, and George Sin Clair of Ulbster, Esq: HL 22 Feb 1759

Prescription – Negative and Positive. –
A conveyance by the Earl of Caithness, of his estates, reserving to himself power to redeem within six years, and to the heir male of his body at any time, to be irredeemable after that period;-Held that the long prescriptive possession, for more than forty years after the expiry of the six years, and failure of issue male, was a sufficient title to exclude.

Citations:

[1759] UKHL 6 – Paton – 728

Links:

Bailii

Jurisdiction:

England and Wales

Land

Updated: 04 May 2022; Ref: scu.558275

Antonius, Second Son of The Said Count Leslie v The Said James Leslie, Et Alii: HL 29 Apr 1742

Tailzie. – Clause.- Found that a clause providing ‘that in case any heir of entail should succeed to a certain other estate, he and the heirs male of his body so succeeding, should be obliged to denude in favour of the next heir;’ and that the estate in that event should be redeemable ‘from the said heirs male who shall succeed to both the said estates, and his heir male foresaid,’-has not the effect of excluding all the heirs male of the body of the person so succeeding (so as to make room for the next branch,) but only his eldest son, or heir apparent; and the succession opens to the second son.

Citations:

[1742] UKHL 1 – Paton – 324

Links:

Bailii

Jurisdiction:

England and Wales

Wills and Probate

Updated: 04 May 2022; Ref: scu.556481

William Campbell v Margaret Campbell and Husband: HL 17 Feb 1743

A destination of personal property to A; and in case of his decease to B, found to be a proper substitution, which subsisted although the institute survived the testator.
Found that this substitution, although alterable by the institute, was not affected by a previous general disposition of all that might belong to him at his death.

Citations:

[1743] UKHL 1 – Paton – 343, (1743) 1 Paton 343

Links:

Bailii

Jurisdiction:

England and Wales

Land

Updated: 04 May 2022; Ref: scu.556793

Alexander, Earl of Caithness v Margaret, Countess of Caithness: HL 18 Mar 1757

Aliment. –
A wife agreed to accept of a separate aliment from her husband. Held on her insisting that the sum was inadequate, that she was not barred by the agreement from insisting and claiming more; and L.200 per annum, and the interest of her own proper free funds allowed, although this was above the sum provided to her by her ante-nuptial contract of marriage.

Citations:

[1757] UKHL 1 – Paton – 654

Links:

Bailii

Jurisdiction:

England and Wales

Family

Updated: 04 May 2022; Ref: scu.558236

David Brown, Moderator of The Synod of Aberdeen, and Others v Mr George Chalmers, Principal of The Old College of Old Aberdeen, and Others: HL 14 Mar 1734

Charter – Foundation – Trust Uses – Election of Professor. – Held, that the appellants having deviated from the directions contained in the Charter of Foundation, as to the election of a Professor of Divinity in King’s College, Aberdeen, the election was void and null.

Citations:

[1734] UKHL 6 – Paton – 663

Links:

Bailii

Jurisdiction:

Scotland

Education

Updated: 04 May 2022; Ref: scu.554565

John Gordon, Esq, Second Son of Sir James Gordon of Park; v His Majesty’s Advocate: HL 4 Feb 1754

After a party was attainted for high treason, two sons were born to him abroad. And the forfeiture of his estate was declared to endure during the lifetime of the attainted person and his issue male. A claim was lodged by a substitute heir of entail, after the death of the attainted person, but while his sons were still alive, for possession of the estate, on the ground that as the attainted person was now dead, and his sons aliens, and so incapable of succeeding, he was entitled to the estate. Held on a question of law raised by the judges in England, that as the sons were aliens, and so incapable of succeeding, the interest of the Crown had determined-reversing the judgment of the Court of Session.

Citations:

[1754] UKHL 1 – Paton – 558

Links:

Bailii

Jurisdiction:

England and Wales

Land

Updated: 04 May 2022; Ref: scu.558218

Hoggan, Provost of The Burgh of Kinghorn, Et Alii v William Wardlaw, Colonel James St Clair, Et Alii: HL 10 Mar 1735

Pactum illicitum – Member Of Parliament – A bond entered into by a portion of a body of electors, binding themselves to vote according to the opinion of the majority of their number, found to be contra bonos mores and illegal. The election following thereon annulled.
Borough Royal – The sett recorded in the books of the Convention of Royal Burghs must be adhered to, notwithstanding that previous contrary practice be alleged,

Citations:

[1735] UKHL 1 – Paton – 148, (1735) 1 Paton 148

Links:

Bailii

Jurisdiction:

England and Wales

Elections

Updated: 04 May 2022; Ref: scu.554575

Cronin v Sutherland: 1899

The parties disputed whether a servitude right of passage which had been limited to the use of the road by carts drawn by horses and laden with fuel or manure could be used by the owners of the dominant tenement as a means of egress from their property for vehicles containing the contents of an ashpit.
Held: There must be a strict interpretation of the document produced, so as not to make the burden upon the servient tenement more heavy than is the necessary consequence of the grant.

Judges:

Lord Justice Clerk Macdonald

Citations:

(1899) 2 F 217

Cited by:

Cited – Moncrieff and Another v Jamieson and others HL 17-Oct-2007
The parties disputed whether a right of way over a road included an implied right for the dominant owner to park on the servient tenement.
Held: The appeal failed. ‘The question is whether the ancillary right is necessary for the comfortable . .
Lists of cited by and citing cases may be incomplete.

Scotland, Land

Updated: 04 May 2022; Ref: scu.260023

Meikle v Sneddon: 1862

The pursuers sought damages for the wrongful arrestment of their ship. They claimed andpound;500 as solatium for injury to their feelings. But the only loss that had been actually sustained was the sum required to relieve the vessel from the arrestment, which was less than andpound;10.
Held: Lord Justice-Clerk Inglis said: ‘It is of no consequence whether the pursuers have sustained any substantial damage. Suppose the damage to be such that one farthing is recovered, that will show that a wrong has been done by the defenders to the pursuers; and, consequently, that this action is well founded.’

Judges:

Lord Justice-Clerk Inglis

Citations:

(1862) 24 D 720

Cited by:

Cited – Johnston v NEI International Combustion Ltd; Rothwell v Chemical and Insulating Co Ltd; similar HL 17-Oct-2007
The claimant sought damages for the development of neural plaques, having been exposed to asbestos while working for the defendant. The presence of such plaques were symptomless, and would not themselves cause other asbestos related disease, but . .
Lists of cited by and citing cases may be incomplete.

Scotland, Damages

Updated: 04 May 2022; Ref: scu.260121

Close v Steel Company of Wales Ltd: 1962

The pursuer sought damages after injury arising from the use of a tool for a purpose other than that for which it was intended to be used. Lord Denning quoted Sir Frederick Pollock to say: ‘Judicial authority belongs not to the exact words used in this or that judgment, nor even to all the reasons given, but only to the principles accepted and applied as necessary grounds of the decision.’ referring to Selborne LC’s judgment in Caledonian Railway, he said: ‘A judgment which is right, and consistent with sound principles, upon the facts and circumstances of the case which the House had to decide, need not be construed as laying down a rule for a substantially different state of facts and circumstances, though some propositions, wider than the case itself required, may appear to have received countenance from those who then advised the House.’

Judges:

Lord Denning

Citations:

[1962] AC 367

Jurisdiction:

England and Wales

Citing:

Cited – Caledonian Railway Co v Walker’s Trustees 1882
The court considered the extent of the duty to compensate for disturbance of a business when land was compulsorily purchased. Lord Selborne LC said: ‘The obstruction by the execution of the work, of a man’s direct access to his house or land, . .
Cited – Quinn v Leathem HL 5-Aug-1901
Unlawful Means Conspiracy has two forms
Quinn was treasurer of a Belfast butchers’ association. Leathem, who traded as a butcher, employed some non-union men, although when the union made difficulties he asked for them to be admitted to the union, and offered to pay their dues. The union . .

Cited by:

Cited – Robb v Salamis (M and I) Ltd HL 13-Dec-2006
The claimant was injured working for the defendants on a semi-submersible platform. He fell from a ladder which was not secured properly. He alleged a breach of the Regulations. The defendant denied any breach and asserted that the claimant had . .
Cited – Smith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening) SC 30-Jun-2010
The deceased soldier died of heat exhaustion whilst on active service in Iraq. It was said that he was owed a duty under human rights laws, and that any coroner’s inquest should be a fuller one to satisfy the state’s duty under Article 2.
Lists of cited by and citing cases may be incomplete.

Health and Safety, Scotland, Constitutional

Updated: 04 May 2022; Ref: scu.247757

Commissioners of Inland Revenue v John M Whiteford and Son: 1962

The farm was farmed by a father and son in partnership. They had both lived in the original farmhouse, but a new house was built to house the son. The issue was whether the new house was a farmhouse or an agricultural cottage. If it was a cottage the whole of the expenditure on it could be claimed as an allowance, but if it was a farmhouse, only one-third could be claimed.
Held: It was a cottage. The fact that the son worked full time on the farm was decisive. After referring to Lindsay, Lord Clyde said: ‘Obviously, except in some very special case, a farm can only have one farmhouse from which the business is run. In the present case, it appears to me to be clear that the father’s house is the farmhouse for the purpose of the present farm, for according to the findings, his house is the place from which the farm operations are conducted.’ The court rejected the Crown’s contention that the new house could not be an agricultural cottage because the son was not an employee but a partner: ‘In my view the status or employment of the occupier of the premises is not the test, and the proper criterion is the purpose of the occupation of the premises in question. Here, indubitably, the purpose of the occupation of this ‘Dorran’ house is husbandry, for under the partnership agreement the son for whom it was built and who occupies it must give his whole time and attention to the business of the partnership. Upon that test, therefore, it seems to me clear that the ‘Dorran’ house in question is an agricultural cottage within the meaning of section 314 . . ‘

Judges:

Lord President, Lord Clyde

Citations:

(1962) 40 TC 379

Statutes:

Income Tax Act 1952 314

Jurisdiction:

England and Wales

Citing:

Cited – Lindsay v Commissioners of Inland Revenue 1953
The court was asked whether a building was a farmhouse for the purpose of deciding whether reliefs were available for capital expenditure. . .

Cited by:

Cited – Lloyds TSB Private Banking Plc (personal representative of Rosemary Antrobus deceased) v Inland Revenue (Capital Taxes); Re Cookhill Priory (No 2) LT 10-Oct-2005
LT TAX – Inheritance Tax – agricultural property relief – agricultural value – agricultural property – farmhouses – whether house occupied by ‘lifestyle’ farmer could be farmhouse – held bid of such person could . .
Lists of cited by and citing cases may be incomplete.

Income Tax, Scotland

Updated: 04 May 2022; Ref: scu.242347

Wallis v Wallis: SCS 1992

The effect of section 10(3)(b) of the 1985 Act was that the whole of the wife’s share of the increase in its value after the date of separation which passed to the husband as a result of the sheriff’s order had to be left out of account in the computation of the amount of the matrimonial property that determined how much of it was to be paid by him to the wife.

Citations:

1992 SC 455

Statutes:

Family Law (Scotland) Act 1985

Cited by:

Appeal from – Wallis v Wallis HL 5-Aug-1993
(Scotland) The valuation of the matrimonial home was to be taken as at the date of the couple’s separation. The House affirmed the decision of the Court of Session. . .
Cited – Miller v Miller; McFarlane v McFarlane HL 24-May-2006
Fairness on Division of Family Capital
The House faced the question of how to achieve fairness in the division of property following a divorce. In the one case there were substantial assets but a short marriage, and in the other a high income, but low capital.
Held: The 1973 Act . .
Lists of cited by and citing cases may be incomplete.

Scotland, Family

Updated: 04 May 2022; Ref: scu.242164

Bradford v McLeod: HCJ 1985

A sheriff passed a comment that he would not grant legal aid to a miner. He was overheard by a solicitor. The solicitor subsequently asked that sheriff to recuse himself on applications for legal aid by miners accused of breach of the peace while picketing during the strike.
Held: The sheriff should have stood by. A reasonable person hearing the sheriff would conclude that he was biased. The disqualification applied whether or not in fact there was any bias.

Judges:

Lord Justice-Clerk Ross

Citations:

1985 SCCR at 379, (1986) Crim LR 690, 1986 SLT 244

Jurisdiction:

Scotland

Citing:

Applied – Law v Chartered Institute of Patent Agents 1919
Eve J discussed the test for bias in the members of a council making a decision: ‘If he has a bias which renders him otherwise than an impartial judge he is disqualified from performing his duty. Nay, more (so jealous is the policy of our law of the . .

Cited by:

Cited – Cheryl Little, (HMA v Anstruther) ScSf 21-Sep-2001
An order was made against a witness for prevarication. The order was challenged on the basis that she had not had a fair trial, not having a hearing before an independent tribunal. The same judge had acted as witness prosecutor and judge and jury. . .
Cited – Gillies v Secretary of State for Work and Pensions HL 26-Jan-2006
The claimant said that the medical member of the tribunal which had heard his disability claim was biased. The doctor was on a temporary contract and also worked for an agency which contracted directly the Benfits Agency. The court of session had . .
Lists of cited by and citing cases may be incomplete.

Crime, Natural Justice

Updated: 04 May 2022; Ref: scu.181057

CW v Trustees of The Archdiocese of St Andrews and Edinburgh: SCS 3 Dec 2013

The pursuer sought damages from the defenders in respect of sexual abuse sustained by him at the hands of a parish priest, FJR, in a parish within the Archdiocese while the pursuer was a pupil at a primary school and then secondary school there between 1989 and 1992.

Judges:

Arthurson QC

Citations:

[2013] ScotCS CSOH – 185

Links:

Bailii

Jurisdiction:

Scotland

Personal Injury, Torts – Other

Updated: 04 May 2022; Ref: scu.518585

British Glanzstoff Manufacturing Co, Ltd v General Accident, Fire, and Life Assubrance Corporation, Ltd: SCS 22 Feb 1912

Court of Session Inner House First Division

Citations:

[1912] SLR 477

Links:

Bailii

Jurisdiction:

Scotland

Cited by:

See Also – British Glanzstoff Manufacturing Co, Ltd v General Accident, Fire, and Life Assurance Corporation, Ltd SCS 28-Oct-1912
. .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 04 May 2022; Ref: scu.615136

Flannigan v British Dyewood Co Ltd: SCS 1969

It is an essential element of the plea of volenti that the pursuer, against whom the plea is taken, knows of the risk to which he exposes himself: ‘the pursuer against whom it is pleaded must be sciens as well as volenti’.
The courts will be able to decide whether or not a person should be treated as a rescuer.

Judges:

Lord Guthrie

Citations:

[1969] SLT 223

Cited by:

Approved – Ogwo v Taylor HL 19-Nov-1987
A firefighter sought damages for personal injuries from the party negligent in starting a fire, suffered while attending it.
Held: A property owner owes a duty of care to firemen, not, by his negligence, to start a fire, or to create special . .
Lists of cited by and citing cases may be incomplete.

Negligence, Scotland

Updated: 04 May 2022; Ref: scu.546907

MacFarlane v Falfield Investments Ltd: SCS 1998

The practice had grown up of granting new agricultural tenancies to limited partnerships constituted under the Limited Partnerships Act 1907 in which the landlord or his nominee was the limited partner and the tenants of the farm were the general partners. Dissolution of a limited partnership by one of the partners giving notice to the others determines the partnership at the date when the notice takes effect. The remaining partners cannot carry on the business of the firm, as it has been dissolved: J Bennett Miller, The Law of Partnership in Scotland (2nd ed), p 460. So when the partnership was dissolved there ceased to be anyone who could claim to be the tenant under the tenancy: see Inland Revenue v Graham’s Trustees 1971 SC (HL) 1, 20, per Lord Reid; Gill, The Law of Agricultural Holdings in Scotland (3rdth ed), para 1.13. As the legislation gave tenants what in practice amounted to indefinite security of tenure, landlords were reluctant to let agricultural land on any other basis. The practice of letting to limited partnerships became widespread.
Held: Lord President Rodger said 34 that it was not for the court to second guess those who were charged with policy on that matter and to strike down schemes simply on the basis of its uninstructed view of what might be contrary to the public interest in good husbandry.

Judges:

Lord President Rodger

Citations:

1998 SC 14

Cited by:

Cited – Salvesen v Riddell and Another; The Lord Advocate intervening (Scotland) SC 24-Apr-2013
The appellant owned farmland tenanted by a limited partnership. One partner gave notice and the remaining partners indicated a claim for a new tenancy. He was prevented from recovering possession by section 72 of the 2003 Act. Though his claim had . .
Lists of cited by and citing cases may be incomplete.

Scotland, Landlord and Tenant

Updated: 04 May 2022; Ref: scu.535109

Graham v- -Roy: SCS 1851

A report that a person had given information to the officers of Excise against a distiller, and assumed the office of common informer in order to obtain half of the penalties awarded, was a ground for a claim in defamation. Lord Fullerton dealt with the argument that it could hardly be defamatory to say that a person had given information which had the effect of repressing an illegal act such as smuggling by saying ‘it may be perfectly legitimate to give information, but an informer is by no means a popular character’.

Judges:

Lord Fullerton

Citations:

(1851) 13 D 634

Scotland, Defamation

Updated: 04 May 2022; Ref: scu.517368

M’Kibbin v Glasgow Corporation: 1920

The pursuer, a woman with limited vision was injured falling into a hole for which the defender had responsibility. The defender replied that the hole was protected by a water hydrant.
Held: The claim failed. There was evidence that the protection of the water hydrant was not adequate even as regards persons with good sight.
Lord Justice-Clerk Scott Dickson said: ‘I demur to the view that blind people are not entitled to walk about the streets unless accompanied by some person in charge of them . . this pursuer was entitled to be on the street; and was entitled, in my judgment, to assume that the street was reasonably safe for her.’
Lord Dundas said: ‘It would not be easy to lay down in a sentence or a couple of sentences the whole law applicable to the subject; something must always depend upon the facts to which you are going to apply the law. I think in each case the jury would have to consider, with regard to a blind person, whether that blind person was, in the circumstances, fairly and reasonably treated by the Corporation or other defenders – whether he had or had not been duly warned and reasonably guarded.’
Lord Salvesen (who was the presiding judge at the trial) said: ‘The streets of any city are open to be used by persons of more or less defective eyesight, hearing, and capacity and I think, as a general proposition in law, that the Magistrates must take note of that fact and, if they are guilty of negligence, they cannot escape the consequences by saying that a more vigilant person than the one who was injured would in all probability have escaped injury.’

Judges:

Lord Justice-Clerk Scott Dickson, Lord Dundas, Lord Salvesen

Citations:

[1920] SC 590

Cited by:

Cited – Woodland v Essex County Council SC 23-Oct-2013
The claimant had been seriously injured in an accident during a swimming lesson. She sought to claim against the local authority, and now appealed against a finding that it was not responsible, having contracted out the provision of swimming . .
Lists of cited by and citing cases may be incomplete.

Scotland, Negligence

Updated: 04 May 2022; Ref: scu.517229

Unipac (Scotland) Ltd v Aegon Insurance Co (UK) Ltd: SCS 1996

(Inner House) Information set out in a proposal form was incorrect and the declaration made by the insured was incorporated as the basis of the insurance. The insurer repudiated liability.

Citations:

1996 SLT 1197

Cited by:

Cited – Genesis Housing Association Ltd v Liberty Syndicate Management Ltd CA 4-Oct-2013
The housing association was to develop an estate of social housing, supported by an insurance guarantee. The insurance proposal contained a clause stating that the information in the proposal was to form the basis of the policy, and that the policy . .
Cited – Genesis Housing Association Ltd v Liberty Syndicate Management Ltd TCC 8-Nov-2012
Insurers had rejected a claim under the policy, saying that the proposal form had included a basis of insurance declaration warranted by the proposer, and that since it had named a main contractor different to the one named, there was no liability . .
Cited – Genesis Housing Association Ltd v Liberty Syndicate Management Ltd CA 4-Oct-2013
The housing association was to develop an estate of social housing, supported by an insurance guarantee. The insurance proposal contained a clause stating that the information in the proposal was to form the basis of the policy, and that the policy . .
Cited – Genesis Housing Association Ltd v Liberty Syndicate Management Ltd TCC 8-Nov-2012
Insurers had rejected a claim under the policy, saying that the proposal form had included a basis of insurance declaration warranted by the proposer, and that since it had named a main contractor different to the one named, there was no liability . .
Lists of cited by and citing cases may be incomplete.

Scotland, Insurance

Updated: 04 May 2022; Ref: scu.516311

Russell v Stubbs Ltd: CA 1912

The defendants published ‘Stubbs’ Weekly Gazette’ providing credit reports on persons engaged in trade to their subscribers. The plaintiff pleaded that the defendant had published a report as to the plaintiff’s financial position to a named person and to other persons whose names are unknown to the plaintiffs. The plaintiffs relied on appeal on an affidavit within which the deponent swore that in a telephone conversation he was told that the defendants had issued a bad report and on request from the plaintiff’s solicitors the defendants had provided to them a copy of a report on the plaintiffs.
Held: The Court restored the order of the Master that the plaintiffs give particulars of the persons to whom the libel was published after discovery. The pleading was not a mere fishing allegation in connection with which they wished to get discovery before going on with the case.
Sir Gorell Barnes, President said: ‘the real question which we have to determine is whether there is anything unreasonable in allowing the plaintiffs to have discovery which will enable them to show that this libel was published to somebody whom they specify or to other persons who have had exactly the same information sent to them by the defendants. Although the point may perhaps not be exactly covered by any of the authorities which have been cited to us and may to some extent be said to be novel, I think that having regard to the position of the parties, the plaintiffs being engaged in a trade and having information given about them by the defendants, whose business it may be to give information of that kind, if it is alleged that that information was given to some specified person or company, but with uncertainty on the part of the plaintiffs as to whether they can clearly establish that it was given to the particular person specified or to some clerk or person connected with the company, there is no hardship on the defendants or unreasonableness in placing the plaintiffs in the position of being able to say, ‘We are going to prove this, and, from the discovery which we expect to get from you, we also intend to prove that you published the report in identical terms at the same time to some other person or persons.’ To my mind that is not unreasonable, and I think it is within the principle which has been discussed and laid down in several of the cases, and I cannot myself see that it inflicts any hardship whatever upon the defendants. They must know perfectly well whether they have published this alleged libel, and to whom, if any one, they have published it, and the allegations in the latter part of paragraph 4 of the statement of claim can present no difficulty or embarrassment to the defendants in framing their defence. They may say that they did not publish the report to any one, or that they did publish it and it is true, or that they only published it to persons on occasions which made it a privileged communication. I cannot see that the defendants will have any difficulty whatever in meeting the plaintiffs’ case, no matter to whom publication was made, provided that it is confined, as the plaintiffs’ counsel have stated in this Court that they are content it should be confined, to publication at the particular time and in the express and particular terms set out in the statement of claim.’

Judges:

Sir Gorell Barnes, P

Citations:

[1913] 2 KB 200

Jurisdiction:

England and Wales

Cited by:

Appeal from – Russell v Stubbs Limited HL 3-Apr-1913
The plaintiff said that the defendants, publishers of a trade magazine providing inter alia credit references, had slandered it. The defendants appealed against an order requiring it to provide details of others to whom the slander had been . .
Lists of cited by and citing cases may be incomplete.

Defamation, Litigation Practice, Scotland

Updated: 04 May 2022; Ref: scu.471571

Clark v Lindale Homes Limited: SCS 1994

The court set out the conditions to found a claim for breach of warrandice on a land purchase: ‘Although eviction did not mean physical removal, it did involve the emergence of a real or threatened burden on the property which had to come from a competing title – holder, that title itself being beyond doubt.’ Where the pursuer did not aver that any action had been taken by the party with the competing title, the pursuer had no relevant case.
Lord President Hope said: ‘As I understand the statement of principle in that paragraph, eviction occurs when there is a loss to the buyer due to the fact that someone else has a competing title which is beyond doubt. This is a fact which can be demonstrated judicially, or by the seller’s action admitting that there is such a defect, or by proof that the defect is unquestionable.’ and
‘The significance of the warning in sec 895 of Bell’s Principles that warrandice is an obligation to indemnify, not to protect, is that the mere possibility that there may be an eviction, where the defect is unclear, will not do. There must be eviction of the subject from the grantee so that the defect in his title is placed beyond doubt. But there seems to me to be no more in this point than that there is no right to an indemnity until there has been a clear breach of the absolute warrandice which has caused loss to the grantee. The warrandice is breached when there is shown to be a competing title which will inevitably prevail in competition with that which has been given to the purchaser. Actual eviction, or the threat of eviction which occurs upon a challenge being made by the party with the competing title, will enable the grantee to make a claim on the warrandice’.
Though actual eviction in the sense of ejection or removal from the property is not required: ‘This still leaves open, however, the question whether it is essential, in order to bring the obligation to indemnify into existence, that a challenge to the pursuer’s title has been made by the party with the prevailing title or whether it is sufficient that there is a defect in the title which has caused loss to the grantee and would, if it had been insisted upon, have been unquestionable . . more is required to justify a claim under the warrandice clause than a mere deficiency in the title of the grantee’. And
‘As Lord McLaren observed in Welsh v Russell at p. 773, the obligation of warrandice remains latent until the conditions that give it force and effect have come into existence. The fact that the pursuer did not acquire a good title to the flat is in itself not sufficient to give rise to the obligation to indemnify. She was not entitled to incur expense to remove the defect simply in order to protect herself against the possibility of loss on its re-sale. Something else was required, and according to expressions used in the authorities it is eviction which gives rise to the claim. The word ‘eviction’ might be thought to imply that the loss is in some respect due to action by the party who has the competing title to assert his rights’.
Lord Morison said: ‘It is of course obvious that ‘eviction’ does not mean physical removal. But it is in my view equally clear on these authorities, and confirmed by the case of Welsh v Russell, that it does involve the emergence of a real or threatened burden on the property. The word itself in any event clearly indicates this to be the case. If such a burden has been judicially established, the position is clear. If it has not been judicially established the warrandice clause may still be invoked if eviction in the strict sense is threatened, provided that the threat is based on an unquestionable right. Such a threat could only come as a result of a demand from the competing title-holder, for no one else has any right, let alone an unquestionable right to make it. In my opinion the absence of any averment by the pursuer that she suffered loss either as a result of the constitution of a real burden by judicial decree or as a result of a demand by the competing title-holder, renders her case irrelevant’.

Judges:

Lord President Hope, Lord Morison

Citations:

1994 SC 210

Cited by:

Cited – Morris v Rae SCS 5-Apr-2011
The complainer had purchased land from the defender, but the Keeper of the Registers refused to register the transfer, saying that the disponer was not the owner. The claim was for breach of warrandice. . .
Cited – Morris v Rae SC 7-Nov-2012
The pursuer had bought land from the responder which in turn had bought from a company now in liquidation. On application for registration, the Keepr of the registers said the title had not been made out, and he was unable to complete the . .
Lists of cited by and citing cases may be incomplete.

Scotland, Land

Updated: 04 May 2022; Ref: scu.467714

McAndrew v Prestwick Circuits Ltd: EAT 1988

The claimant was employed at one base under a contract allowing his employers to require him to move to another on reasonable notice. The employers required him to move but at very short notice. He refused. An impasse was reached and he resigned, treating the attempt to move him as a breach of contract which amounted to a constructive dismissal. The Tribunal accepted that the employer’s breach amounted to a constructive dismissal, but then went on to say that he ought to have accepted that very same employment in mitigation of his loss.
Held: The employee’s appeal succeeded. Applying the general law of contract, an employee cannot be said to have failed to mitigate his loss by refusing the employer’s offer of alternative employment before he is dismissed. They said: ‘We accepted the submissions of Counsel for the Appellant, the employee, that as the dismissal was in our view, clearly on 8 May, conduct before dismissal was not relevant in relation to mitigation of loss. In other words, a refusal to accept work at the other factory could not amount to a failure to mitigate when the contract was subsequently terminated as one of constructive dismissal.’

Judges:

Lord Mayfield

Citations:

[1988] IRLR 514

Cited by:

Cited – F and G Cleaners v Saddington and Others EAT 16-Aug-2012
EAT UNFAIR DISMISSAL – Mitigation of loss
The Claimants worked for Respondent 1 who supplied window cleaning services under contract to a local authority. The contract was subject to a re-tendering process; . .
Lists of cited by and citing cases may be incomplete.

Employment, Contract, Scotland

Updated: 04 May 2022; Ref: scu.463685

Carruthers v Irvine: 1717

A lease was granted expressed to be ‘perpetually and continually as long as the grass groweth up and the water runneth down’. The grantor died and his heir sought to remove the tenant on the ground that the lease did not say when it was to come to an end.
Held: His claim failed because the court found that ‘by the meaning of [the] parties the contract was intended to be a perpetual right to the tenant and his successors’. This did not meet the requirements of the 1449 Act, and it was admitted that the tenant would not have been able to enjoy that right in a question with a singular successor of the grantor . . But the personal right against the heir under the contract was not affected.

Citations:

1717 Mor 15195

Cited by:

Cited – Berrisford v Mexfield Housing Co-Operative Ltd SC 9-Nov-2011
The tenant appealed against an order granting possession. The tenancy, being held of a mutual housing co-operative did not have security but was in a form restricting the landlord’s right to recover possession, and the tenant resisted saying that it . .
Lists of cited by and citing cases may be incomplete.

Scotland, Landlord and Tenant

Updated: 04 May 2022; Ref: scu.448476

Scottish Old People’s Welfare Council, Petitioners: SCS 1987

The organisation (‘Age Concern Scotland’) challenged guidance issued by the chief adjudication officer regarding social security payments for severe weather conditions. Lord Clyde concluded that any member of the public, or an association such as the petitioners, was entitled to bring proceedings to enforce the proper administration of social security legislation, subject to demonstrating a sufficient interest.

Judges:

Lord Clyde

Citations:

1987 SLT 179

Cited by:

Cited – AXA General Insurance Ltd and Others v Lord Advocate and Others SC 12-Oct-2011
Standing to Claim under A1P1 ECHR
The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable . .
Lists of cited by and citing cases may be incomplete.

Scotland

Updated: 04 May 2022; Ref: scu.448086

Crighton v Lord Air: 1631

The grant of a lease was to the tenant and his heirs and successors for five years and after that a further five years and then five years for ever. The argument that the lease was a nullity because it did not say when it was to come to an end was repelled. It was noted that the grantor might have objected on this ground in question with a singular successor of the grantee. But it was held that he could not do so in a question with the grantee’s heirs, as he had bound himself by the words of the grant never to remove the grantee’s heirs.

Citations:

1631 Mor 11182

Cited by:

Cited – Berrisford v Mexfield Housing Co-Operative Ltd SC 9-Nov-2011
The tenant appealed against an order granting possession. The tenancy, being held of a mutual housing co-operative did not have security but was in a form restricting the landlord’s right to recover possession, and the tenant resisted saying that it . .
Lists of cited by and citing cases may be incomplete.

Scotland, Landlord and Tenant

Updated: 04 May 2022; Ref: scu.448477

Redpath v White: 1737

The court considered the status of a lease of indefinte term.

Citations:

1737 Mor 15196

Cited by:

Cited – Berrisford v Mexfield Housing Co-Operative Ltd SC 9-Nov-2011
The tenant appealed against an order granting possession. The tenancy, being held of a mutual housing co-operative did not have security but was in a form restricting the landlord’s right to recover possession, and the tenant resisted saying that it . .
Lists of cited by and citing cases may be incomplete.

Scotland, Landlord and Tenant

Updated: 04 May 2022; Ref: scu.448479

Casey v Edinburgh Airport Ltd: SCS 23 Feb 1989

There was a challenge to decisions taken by the airport authority, under a bye-law, to refuse permits to the applicant taxi operators. During the hearing, the applicants sought to challenge the validity of the bye-law itself.
Held: Lord Morison refused to consider such a challenge in the absence of intimation to the taxi operators who had been granted permits under the contested bye-law. He said: ‘No intimation of the petition has been made to these persons, since in its present form it does not affect their interest . . It seems to me to be clear that the argument sought to be presented by the petitioners cannot be determined in the absence of intimation to other taxi operators who have an interest to uphold the validity of the permission granted to them.’

Judges:

Lord Morison

Citations:

Unreported, 23 February 1989

Cited by:

Cited – AXA General Insurance Ltd and Others v Lord Advocate and Others SC 12-Oct-2011
Standing to Claim under A1P1 ECHR
The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable . .
Lists of cited by and citing cases may be incomplete.

Scotland, Judicial Review

Updated: 04 May 2022; Ref: scu.448088

HM Advocate v McGuigan: HCJ 1936

An irregularity in the obtaining of evidence does not necessarily make that evidence inadmissible.

Judges:

Lord Justice Clerk Aitchison

Citations:

1936 JC 16

Cited by:

Approved – Lawrie v Muir HCJ 23-Nov-1949
The prosecution case was said to have been based on evidence acquired during an unlawful search of the defendant’s premises.
Held: An irregularity in the method by which evidence has been obtained does not necessarily make that evidence . .
Cited – Her Majesty’s Advocate v P SC 6-Oct-2011
(Scotland) The appellant had been interviewed by police without being offered access to a solicitor. He complained that the interview and information obtained only through it had been used to found the prosecution.
Held: The admission of the . .
Lists of cited by and citing cases may be incomplete.

Scotland, Criminal Practice

Updated: 04 May 2022; Ref: scu.445167

Macrae v Reed and Mallik Ltd: SCS 1961

(Second Division)
Held: Interest from a date earlier than the date of decree could be allowed on damages awarded for loss suffered before that date only where such loss could be definitely ascertained. Interest on solatium (being ascertainable not earlier than the award having been made in the court of first instance) was not payable from any date earlier than that court’s decree. The exercise of the discretion in respect of interest required a selective and discriminating approach, with lower interest rates applied.

Judges:

Lord Patrick (Lord Justice Clerk Thomson dissenting)

Citations:

1961 SC 68

Statutes:

Interest on Damages (Scotland) Act 1958 1

Cited by:

Cited – Farstad Supply As v Enviroco Ltd SCS 14-Sep-2011
(Outer House) The parties had settled a claim for the loss by fire of an oil rig supply vessel. The parties now disputed whether the settlement carries interest under the Act. The parties’ insurers were concerned that the interest rate awarded under . .
Lists of cited by and citing cases may be incomplete.

Scotland, Damages

Updated: 04 May 2022; Ref: scu.444293

Watt v Lord Advocate: 1979

Lord President Emslie said: ‘it seems clear that, however much this is to be regretted, the Court Session has never had power to correct an intra vires error of law made by a statutory tribunal or authority exercising statutory jurisdiction. As Lord Justice Clerk Moncrieff said in Lord Advocate v Police Commissioners of Perth (1869) 8 M 244 at p 245 – ‘In the ordinary case it would now, I think, be held that where statutory powers are given, and a statutory jurisdiction is set up, all other jurisdictions are excluded’ There is no indication in any subsequent authority that this view has been doubted or even questioned and I entirely agree with the Lord Ordinary for the reasons which he gives that the fact that the Court of Session may have exercised a comprehensive corrective jurisdiction over determinations of parochial aid in the 18th and early 19th Centuries does not in any way support the existence of a jurisdiction in this court to correct errors by a statutory tribunal in the due performance of its statutory duties.’

Judges:

Lord President Emslie

Citations:

1979 SC 120

Cited by:

Cited – EBA v Advocate General for Scotland SC 21-Jun-2011
The appellant had sought to challenge refusal of disability living allowance. Ultimately her request a judicial review of the Upper Tribunal’s decion was rejected on the basis that the UT, being a court of superior record, was not susceptible to . .
Lists of cited by and citing cases may be incomplete.

Scotland, Administrative

Updated: 04 May 2022; Ref: scu.444530

Kerr v Employers Liability Assurance Co, Ltd: SCS 20 Oct 1899

An employer was insured against liability for accidents to his workmen under a policy containing a condition that if proceedings were taken to enforce any claim the insurance company should, if they so desired, ‘have the absolute conduct and control of the defences, in the name and on behalf of the employer, ‘ and that they should indemnify him against the expenses of such proceedings.
A workman raised an action of damages for personal injury against the employer, and obtained decree against him for a sum of damages and for his expenses.
The defence was in fact conducted and controlled by the insurance company in name of the employer.
The employer having become insolvent the workman raised a separate action against the insurance company for the purpose of recovering his expenses in the original action.
Held (1) that the action was competent, and (2) (on a proof) that the company were the true dominus litis in the original action, and that they were accordingly liable for the pursuer’s expenses therein.
Observed that the relation between the nominal party to a suit and the dominus litis is not necessarily that of agent and principal – Fraser v. Malloch, 25 R. 619, explained.

Judges:

Lord Kyllachy

Citations:

[1899] SLR 37 – 21

Links:

Bailii

Jurisdiction:

Scotland

Cited by:

Appeal from – Kerr v Employers’ Liability Assurance Co Ltd SCS 1902
An injured workman who had obtained an award of damages and expenses against his employer sought, after the employer became insolvent, to obtain an award of expenses against the insurer. It was accepted that, under the policy, the insurers had . .
Lists of cited by and citing cases may be incomplete.

Costs

Updated: 04 May 2022; Ref: scu.612071

M’Cuaig v M’Cuaig: SCS 5 Jan 1909

Lord President Dunedin observed: ‘The true test of whether a party is or is not dominus litis is probably whether he has or has not the power to compromise the action.’ and: ‘ . . the true interest in the cause, and by true interest I mean the entire interest, using that term not in the absolute sense, but as denoting the whole interest for all practical purposes.’

Judges:

Lord President Dunedin

Citations:

[1909] SLR 287, 1909 SC 355

Links:

Bailii

Jurisdiction:

Scotland

Cited by:

Cited – Travelers Insurance Company Ltd v XYZ SC 30-Oct-2019
Challenge to the making of a non-party costs order under section 51 of the Senior Courts Act 1981 against the product liability insurer of one of the defendants in litigation being managed under a Group Litigation Order (‘GLO’). Many of the . .
Lists of cited by and citing cases may be incomplete.

Costs, Litigation Practice

Updated: 04 May 2022; Ref: scu.610884

Morrison v Morrison’s Executors: 1912

Lord Skerrington said: ‘A decree in such an action would be res judicata, provided always that the whole trustees and beneficiaries had been called as defenders.’

Judges:

Lord Skerrington

Citations:

1912 SC 892

Cited by:

Cited – Roberts v Gill and Co Solicitors and Others SC 19-May-2010
The claimant beneficiary in the estate sought damages against solicitors who had acted for the claimant’s brother, the administrator, saying they had allowed him to take control of the assets in the estate. The will provided that property was to be . .
Lists of cited by and citing cases may be incomplete.

Scotland

Updated: 02 May 2022; Ref: scu.415972

Earl of Galloway v McConnell: 1911

Citations:

1911 SC 846

Cited by:

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

Scotland

Updated: 02 May 2022; Ref: scu.410703

Graham v Gordon: 1843

‘Rent is not liquid in the sense that a sum due by bond is. It is matter of contract in consideration of something to be done. It is paid for possession of the subject let. If the tenant says he has not got entire possession, that is a good answer to the claim for rent.’

Citations:

(1843) 5 D 1207

Cited by:

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

Scotland, Landlord and Tenant

Updated: 02 May 2022; Ref: scu.410708

Ross v Ross: SCS 1895

The pursuer was the widow of Sir Charles Ross who died in 1883 and was succeeded by his pupil son. From then until 1893, when her son attained majority, the pursuer had acted as his sole tutor and curator. She was entitled to an annuity of andpound;2,000 under her marriage contract and certain bonds of provision. In 1894 she raised an action against her son for payment of two instalments of the annuity. Her son admitted that the pursuer was entitled to the instalments, but denied that the sums were due, under reference to an action of count, reckoning and payment which he had brought against her, concluding for payment of andpound;70,000 as the balance of her intromissions as his sole tutor and curator and as an individual. He had also raised an action against her, as executrix of the deceased’s moveable estate, for payment of legitim. The son pleaded compensation and also that he was entitled to withhold payment of the annuity because of the pursuer’s failure to pay him legitim or to account for her intromissions with the estate. The Lord Ordinary repelled the son’s defences and granted decree for payment of the annuity. He reclaimed.
Held: The First Division decided to supersede consideration of the reclaiming motion until there should be some change of circumstances. They did so by sisting the action and leaving it open to either party to move therein.
Lord M’Laren said: ‘In disposing of the pleas in this case I think that the Lord Ordinary has rightly dealt with the plea of compensation, because that is a matter of statutory regulation, and the plea is confined to cases where both debts are liquid or capable of immediate ascertainment; but then there is another principle under which one obligation may be suspended until the performance of a counter obligation – the principle of retention, and that, not being subject to the conditions of any statute, must be regarded as an equitable right to be applied by the Court according to the circumstances of each case as it shall arise. The doctrine has received much extension in cases of bankruptcy and insolvency . . But the principle is not limited to bankruptcy cases, and it seems to me that the circumstances of the present case constitute a very clear ground for its application, because Lady Ross while in the management of her son’s estates appears to have wholly neglected the duty of keeping strict accounts, which is incumbent upon every administrator of the property of others, and when she is called upon to account she states that the whole of the money has been expended, and that of a very large sum, amounting to nearly andpound;4,000 a-year, she is unable to give any particulars. Now, that is a position which no guardian or administrator is entitled to assume, and upon the statement of these accounts, and also the claim of legitim, I cannot doubt that, if it appears to the Court that there is a probability that Lady Ross has already in her hands as much of her son’s money as would satisfy this jointure, she would not be entitled to immediate decree. The judgment which I understand your Lordship will pronounce will be one merely suspending the procedure in this case, and if it turns out, contrary to all the probabilities, that the whole of the son’s income has been legitimately and properly expended by his mother, and also that there is no legitim due to him, then of course Lady Ross will be entitled to decree for her jointure.’
Lord Adam did not think: ‘it would be consonant with justice to give this lady immediate decree for the sum she claims.’

Judges:

Lord M’Laren

Citations:

(1895) 22 R 461

Cited by:

Cited – Inveresk Plc v Tullis Russell Papermakers Ltd SC 5-May-2010
The parties had undertaken the sale of a business (from I to TR) with part of the consideration to be payable on later calculation of the turnover. The agreement provided for an audit if the parties failed to agree. TR issued a figure. I argued that . .
Considered – Integrated Building Services Engineering Consultants Ltd (T/A Operon) v PIHL UK Ltd SCS 1-Jul-2010
In Scots law it would be inequitable for a debtor of a bankrupt to be required to pay his debt in full, while he could only get a dividend for the debt due to him by the bankrupt, but there is no consensus as to whether this principle is a species . .
Mentioned – Heritable Bank Plc, Administrators of v The Winding-Up Board of Landsbanki Islands Hf SC 27-Feb-2013
A claim by Heritable (H) in Landsbanki’s (L) insolvency had been rejected and then withdrawn before the Icelandic court, and L now appealed against rejection of its own assertion that that Icelandic decision was binding also within its own claim . .
Lists of cited by and citing cases may be incomplete.

Contract, Scotland

Updated: 02 May 2022; Ref: scu.410714

Stein v Associated Dairies Ltd: EAT 1982

The tribunal considered the circumstances in which it may be relevant to hear evidence on the circumstances surrounding the giving of a warning or warnings prior to dismissal. Lord McDonald MC said: ‘Certainly if there is anything to suggest that the warning had been issued for an oblique motive or if it was manifestly inappropriate, that is a matter which a Tribunal could take into account. There is nothing however in the present case to suggest that the evidence disclosed anything of this nature.’

Judges:

Lord McDonald MC

Citations:

[1982] IRLR 447

Cited by:

Cited – Digby v East Cambridgeshire District Council EAT 30-Nov-2006
EAT Unfair dismissal – Reasonableness of dismissal
Practice and Procedure – Admissibility of evidence
Total exclusion of evidence relating to final written warning inextricably linked with sanction of . .
Lists of cited by and citing cases may be incomplete.

Employment, Scotland

Updated: 02 May 2022; Ref: scu.393373

Nicol v Scottish Power plc: 1998

Citations:

1998 SLT 822

Cited by:

Cited – AXA General Insurance Ltd and Others v Lord Advocate and Others SCS 8-Jan-2010
The claimant sought to challenge the validity of the 2009 Act by judicial review. The Act would make their insured and themselves liable to very substantial unanticipated claims for damages for pleural plaques which would not previousl or otherwise . .
Cited – AXA General Insurance Ltd and Others v Lord Advocate and Others SC 12-Oct-2011
Standing to Claim under A1P1 ECHR
The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable . .
Lists of cited by and citing cases may be incomplete.

Scotland, Personal Injury

Updated: 02 May 2022; Ref: scu.393370

Rape Crisis Centre v Secretary of State for the Home Department: 2000

The petitioner sought judicial review of a decision to allow the boxer Mike Tyson to visit the UK.
Held: The Immigration Rules conferred no express or implied rights on third parties such as the petitioners. A review was refused.
Lord Clarke the issues of title and interest to sue on a broad and flexible basis: saying: ‘Two things require, in my judgment, to be noted about that dictum. In the first place (Lord Dunedin) was recognising the difficulty and, indeed, inappropriateness of seeking to provide any fixed definition of the concept of title to sue. Secondly, the dictum, though it has stood the test of time, was uttered in times well before the huge development of administrative law and judicial review that has occurred in recent decades. The key elements, therefore, of the dictum, namely ‘some legal relation which gives him some right which the person against whom he raises the action either infringes or denies’ must be given a content and a meaning which keep them abreast with those developments. Where questions of title to sue arise in a situation where a Minister is exercising a function, the search is, in my opinion, to be focussed on the scope and the purpose of the statute or other measure under which he is purporting to act to discover who, in law, has the right to challenge an act or decision taken by the Minister in the exercise of that function if that act or decision is not to his liking. The fact that the act or decision is not to his liking does not per se qualify a person with title to challenge. Some legislation and its related measures, having regard to their purpose and function, will, no doubt, confer a right of challenge on individual members of the public as a whole, but it is a fallacy to suppose that because of the public interest in ministers acting lawfully and fairly that public interest by itself confers on every member of the public a right to challenge a Minister’s act or decision. Matters must go further, in my judgment, and the individual or body seeking to challenge the Minister’s act or decision must show that, having regard to the scope and purpose of the legislation, or measures, under which the act is performed, or the decision is made, he or they have had such a right conferred upon them by law, either expressly or impliedly.’
And: ‘That approach to questions of title to sue was applied by Lord Clyde in the case of Scottish Old People’s Welfare Council, Petitioners [1987 SLT 179] where his Lordship, under reference to the supplementary benefits legislation, with which he was concerned in that case, said at p. 185: ‘The purpose of the legislation is to make state benefit available to any member of the public who may qualify for it and it is not unreasonable to see the duty of the proper administration of the legislation as a duty owed to the public. On that basis it can be concluded that any member of the public has at least a title to sue and the only question remaining would be whether he has an interest to do so.”
‘In my judgment the petitioners were in no different a position from any other member of the public in that respect. The scope and function of the legislation, and the rules, did not provide a legal nexus between the petitioners and the Secretary of State when he was exercising his discretion under them.’

Judges:

Lord Ordinary (Lord Clarke)

Citations:

2000 SC 527

Cited by:

Cited – AXA General Insurance Ltd and Others v Lord Advocate and Others SCS 8-Jan-2010
The claimant sought to challenge the validity of the 2009 Act by judicial review. The Act would make their insured and themselves liable to very substantial unanticipated claims for damages for pleural plaques which would not previousl or otherwise . .
Cited – AXA General Insurance Ltd and Others v Lord Advocate and Others SC 12-Oct-2011
Standing to Claim under A1P1 ECHR
The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable . .
Lists of cited by and citing cases may be incomplete.

Scotland, Judicial Review

Updated: 02 May 2022; Ref: scu.393384

AEI Cables Limited v McLay: SCS 1980

It was found that the only remaining reason for supporting the decision that the dismissal was unfair, was identified as the employee’s length of service — the remaining reason given by the industrial tribunal for finding the dismissal unfair.
Held: That is a relevant consideration in many cases, but it would not be reasonable to expect an employer who had been deceived by the employee, in the way in which the respondent deceived the appellants, to have any further confidence in him and to maintain the employment. The character of the employee’s conduct was of so serious that the length of his prior service was not material.

Citations:

[1980] IRLR 84

Cited by:

Cited – Strouthos v London Underground Ltd CA 18-Mar-2004
The claimant had been dismissed after being accused of taking a staff car to France and having it impounded for suspected importation of cigarettes and alcohol above personal use limits.
Held: ‘It is a basic proposition, whether in criminal or . .
Lists of cited by and citing cases may be incomplete.

Scotland, Employment

Updated: 02 May 2022; Ref: scu.377813

Mangin v Commissioner of Inland Revenue: PC 1971

Lord Donovan considered the rules for interpretation of taxation statutes and said: ‘Thirdly, the object of the construction of a statute being to ascertain the will of the legislature it may be presumed that neither injustice nor absurdity was intended. If therefore a literal interpretation would produce such a result, and the language admits of an interpretation which would avoid it, then such an interpretation may be adopted.’

Judges:

Lord Donovan

Citations:

[1971] AC 739

Statutes:

Finance Act 1965

Cited by:

Cited – Harding v Revenue and Customs CA 23-Oct-2008
Lapsed Currency conversion option lost status
The taxpayer appealed his assessment to Capital Gains Tax on his redemption of loan notes arising following the sale of his computer company. He said that they were qualifying corporate bonds. The question was whether a security in which a currency . .
Lists of cited by and citing cases may be incomplete.

Capital Gains Tax, Scotland

Updated: 02 May 2022; Ref: scu.277168

Lomax v Ladbroke Racing Limited: 1975

The employees sought recognition for their union, and in furtherance of that went on strike. They were dismissed. The employers appealed a finding that they had been wrongly dismissed.
Held: The actual reason for the dismissals was not the fact that they were refusing to return to work, and the employers were unable to rely on the exemption.

Citations:

[1975] IRLR 363

Cited by:

Cited – Thompson and others v Eaton Ltd EAT 14-Apr-1976
The management introduced a new machine. The appellants left the premises and did not return. They were dismissed. They now appealed a finding that they had not been unfairly dismissed.
Held: The appeal failed. Whether the employer had through . .
Lists of cited by and citing cases may be incomplete.

Employment, Scotland

Updated: 01 May 2022; Ref: scu.272860

Breslin v Britoil plc: 1992

The regulation makes no distinction between the fabric of the installation and the equipment. The duty applied equally to both, and the liability which it creates is strict:

Citations:

1992 SLT 414.

Statutes:

Offshore Installations (Operational Safety, Health and Welfare) Regulations 1976 (SI 1976/1019) 5(1)

Cited by:

Cited – Spencer-Franks v Kellogg Brown and Root Ltd and others HL 2-Jul-2008
The deceased worked for the defendants on an oil rig. He was injured by a door closer he was attempting to repair. The defendants denied that the mechanism was equipment within the Regulations.
Held: The appeal was allowed. The door closer was . .
Lists of cited by and citing cases may be incomplete.

Scotland, Personal Injury

Updated: 01 May 2022; Ref: scu.270709

T, Petitioner: IHCS 1997

The House discussed the duties of a court in adoption cases: ‘There can be no more fundamental principle in adoption cases than that it is the duty of the court to safeguard and promote the interests of the child. Issues relating to the sexual orientation, lifestyle, race, religion or other characteristics of the parties involved must of course be taken into account as part of the circumstances. But they cannot be allowed to prevail over what is in the best interests of the child.’

Citations:

1997 SLT 724

Cited by:

Cited – In re P and Others, (Adoption: Unmarried couple) (Northern Ireland); In re G HL 18-Jun-2008
The applicants complained that as an unmarried couple they had been excluded from consideration as adopters.
Held: Northern Ireland legislation had not moved in the same way as it had for other jurisdictions within the UK. The greater . .
Lists of cited by and citing cases may be incomplete.

Scotland, Adoption

Updated: 01 May 2022; Ref: scu.270011

Hay v George Hanson: 1996

Lord Johnston said: ‘We would pause to reflect that if the withholding of consent is, as we think it is, the proper consideration, it should not be difficult in most cases to distinguish between such withholding of consent and mere expressions of concern or unwillingness, which may still be consistent with accepting the inevitable. Thus, to protest in advance of a transfer, which could be construed to be objecting, would not amount to an objection, in our opinion, in terms of the Regulations, unless it is translated into an actual refusal to consent to the transfer which, in turn, is communicated to the relevant person or persons, before the transfer takes place.’
Lord Johnston discussed the right of an employee to object to a transfer of his employment contract: ‘Having said that, it seems to us that the scheme of this particular piece of legislation is clear, and does not require to be approached in any artificial or so-called purposive way. What is intended is to protect the right of an employee not to be transferred to another employer against his will, and it is ‘against his will’ that is the executive part of the process. We, therefore, construe the word ‘object’ as effectively meaning a refusal to accept the transfer, and it is equally clear from reg. 5(4A) that that state of mind must be conveyed to either the transferor or transferee. But we do not consider it necessary to lay down any particular method whereby such a conveyance could be effected. In our opinion, it could be by either word or deed, or both, and each case must be looked at on its own facts to determine whether there was a sufficient state of mind to amount to a refusal on the part of the employee to consent to the transfer, and that that state of mind was in fact brought to the attention of either the transferor or the transferee. Furthermore, it must be so brought to their attention before the date of the transfer because, under reg. 5(4B), the transfer itself automatically terminates the contract. Accordingly, if the terms of reg. 5(4A) are not satisfied in fact, there is an automatic transfer on the appropriate date.’

Judges:

Lord Johnston

Citations:

[1996] IRLR 427

Cited by:

Approved – Senior Heat Treatment Ltd v Bell and others EAT 20-Jun-1997
The employer appealed a finding as to the period of continuous employment of the claimants. Before a transfer of the undertaking to the employer, the former emloyer had paid redundancy payments to several employees, some whom in practice left to . .
Cited – New ISG Ltd v Vernon and others ChD 14-Nov-2007
The claimant sought to continue an interim injunction obtained without notice. The claimant sought to restrain former employees misusing information it claimed they had taken with them. The claimants said that having objected to a transfer of their . .
Lists of cited by and citing cases may be incomplete.

Employment, Scotland

Updated: 01 May 2022; Ref: scu.270283

Litster and Others v Forth Dry Dock and Engineering Co Ltd: SCS 1988

(Second Division of the Inner House of the Court of Session) Twelve applicants worked for an employer who went into insolvent receivership. The receivers agreed to sell the business assets. An hour before completion the workers were dismissed and handed letters stating that no payments would be made for holiday pay or damages for failure to give the statutory period of notice. None were taken on by the new owners of the undertaking. The Industrial Tribunal had held that the dismissal was unfair, that the applicants were employed immediately before the transfer and were dismissed by reason of the transfer. Their dismissal was therefore unfair under Regulation 8 of TUPE and the liability of their former employers was transferred to the transferee. Held; The employer’s appeal was allowed.

Citations:

[1988] IRLR 289

Statutes:

Transfer of Undertakings (Protection of Employment) Regulations 1981

Cited by:

Cited – Hughes v Doncaster Metropolitan Borough Council HL 1991
A claimant’s claim for compensation on the compulsory acquisition of his land is but one claim for all those losses which flow from a compulsory acquisition of which the value of the land taken and any injury to retained land is but part of the . .
Appeal from – Litster and Others v Forth Dry Dock and Engineering Co Ltd HL 16-Mar-1989
The twelve applicants had been unfairly dismissed by the transferor immediately before the transfer, and for a reason connected with the transfer under section 8(1). The question was whether the liability for unfair dismissal compensation . .
Cited – Lassman and Others v Secretary of State for Trade and Industry CA 19-Apr-2000
The claimants worked for Rotaprint when it went into receivership in 1988, and then for the receiver before being transferred to Pan Graphics. Statutory redundany payments were made on the receivership of Rotaprint. The claimants sought further . .
Lists of cited by and citing cases may be incomplete.

Employment, Scotland, European

Updated: 01 May 2022; Ref: scu.270271

Strang v Steuart: 1864

The court lamented the amount of court time that had been taken by foolish and absurd litigation about a hedge and ditch which separated the parties’ properties. Nevertheless that it was the duty of the court to deal with the case: ‘We are not indeed bound to adjudicate de lana caprina; but if there be a pecuniary or patrimonial interest, however small, depending on the determination of the question, the parties have a right to invoke the aid of a court of law to decide their differences.’

Judges:

Lord Justice-Clerk Inglis

Citations:

(1864) 2 M 1015

Cited by:

Cited – Johnston v NEI International Combustion Ltd; Rothwell v Chemical and Insulating Co Ltd; similar HL 17-Oct-2007
The claimant sought damages for the development of neural plaques, having been exposed to asbestos while working for the defendant. The presence of such plaques were symptomless, and would not themselves cause other asbestos related disease, but . .
Lists of cited by and citing cases may be incomplete.

Damages, Scotland

Updated: 01 May 2022; Ref: scu.260122

Murrayfield Ice Rink Ltd v Scottish Rugby Union Trustees: 1973

The court referred to a clause in the feu charter which described a right of use of an area of ground as a car park as a servitude right as ‘a mere servitude right.’

Judges:

Lord Justice Clerk Grant

Citations:

1973 SC 21

Cited by:

Cited – Moncrieff and Another v Jamieson and others HL 17-Oct-2007
The parties disputed whether a right of way over a road included an implied right for the dominant owner to park on the servient tenement.
Held: The appeal failed. ‘The question is whether the ancillary right is necessary for the comfortable . .
Lists of cited by and citing cases may be incomplete.

Scotland, Land

Updated: 01 May 2022; Ref: scu.260020

Sutherland v Thomson: 1876

Once a servitude right and its scope are established, it ‘must be rendered as little burdensome to the servient tenement as is consistent with its fair exercise.’

Judges:

Lord Gifford

Citations:

(1876) 3 R 485

Cited by:

Cited – Moncrieff and Another v Jamieson and others HL 17-Oct-2007
The parties disputed whether a right of way over a road included an implied right for the dominant owner to park on the servient tenement.
Held: The appeal failed. ‘The question is whether the ancillary right is necessary for the comfortable . .
Lists of cited by and citing cases may be incomplete.

Land, Scotland

Updated: 01 May 2022; Ref: scu.260033

Wotherspoon v HM Advocate: 1978

The Lord Justice General set out the requirements to establish an offence under section 37(4) of the Act. Where the officer of the company had no actual knowledge of the breach of the regulations, the question was whether he should have been put on inquiry by the circumstances so as to have made inquiries as to the implementation of the procedures. Lord Justice General Emslie said the section is concerned primarily to provide a penal sanction against those persons charged with functions of management who can be shown to have been responsible for the commission of the offence by a body corporate, and that the functions of the office which he holds will be a highly relevant consideration.

Judges:

Lord Justice General Emslie

Citations:

(1978) JC 74

Statutes:

Health and Safety at Work Act 1974 37(4)

Cited by:

Cited – Regina v P Ltd and Another CACD 11-Jul-2007
A child had been injured when a load fell from a fork lift truck. It was said not to have been secured as required by Health and Safety Regulations. The company was to be prosecuted. The prosecutor appealed a preliminary ruling that in order to . .
Cited – Chargot Limited (T/A Contract Services) and Others, Regina v HL 10-Dec-2008
The victim died on a farm when his dumper truck overturned burying him in its load.
Held: The prosecutor needed to establish a prima facie case that the results required by the Act had not been achieved. He need only establish that a risk of . .
Lists of cited by and citing cases may be incomplete.

Scotland, Health and Safety

Updated: 01 May 2022; Ref: scu.258851

Mills and Allen Ltd v City of Glasgow: SCS 1980

The sherriff court had not accepted a submission by the Council that an alteration from a painted gable wall advertising Raleigh Bicycles, to a smaller advertisement for Carlsberg Special Brew, painted onto plywood sheets which were nailed to the wall and surrounded by a timber frame, was a ‘substantial alteration’ in the use of the site for the display of advertisements.
Held: ‘On the second point the Sheriff could not accept, however, that the interposition of sheets of plywood between the paint and the stonework of the building must necessarily be regarded as a substantial alteration in the manner of the use of the site for the purpose of displaying advertisements, nor could he see that it necessarily made any difference that, according to the pursuers’ averments, the new advertisement was surrounded by ‘a nominal timber frame’. The general appearance and effect of an advertisement might be the same whether it was painted directly on a wall or on sheets of plywood or metal nailed to the wall, or printed on paper which in turn was pasted on the underlying surface. Changes from one such method to another may be no more than comparatively minor changes in the method used to achieve what may in appearance be almost exactly the same display. They were not necessarily substantial alterations in the manner of the use of the site for the purpose of that display.’

Citations:

[1980] JPL 409

Cited by:

Cited – Wandsworth Borough Council v South Western Magistrates’ Court, Clear Channel UK Limited Admn 2-May-2007
The council appealed dismissal of its prosecution of the defendant under the Regulations on the basis that the defendant had deemed consent for the advertisements at issue. A picture which had been painted on the upper half of a house, in 1921, and . .
Lists of cited by and citing cases may be incomplete.

Scotland, Planning, Media

Updated: 01 May 2022; Ref: scu.254431

British Motor Trade Association v Gray: 1951

The test for an allegation of wrongful interference in a contract required something more than a failure to act.

Judges:

Lord Russell, Lord President Cooper

Citations:

1951 SLT 247, 1951 SC 586

Cited by:

Cited – Mercedes Benz Finance Ltd v Clydesdale OHCS 16-Sep-1996
The creditor finance company complained that the customer had paid money into its account with the bank, in order to discharge its obligations by direct debit payments, but that the bank had refused to make the payments. The claimant argued that the . .
Lists of cited by and citing cases may be incomplete.

Scotland, Torts – Other, Contract

Updated: 01 May 2022; Ref: scu.246216

Sokha v Secretary of State for the Home Department: SCS 1992

Mr Sokha had entered and remained in England illegally. He was found and detained in prison in England by the authority of an immigration officer. He began initiated proceedings in the Court of Session for judicial review of the decision to detain him in prison, believing that he had a better prospect of obtaining conditional release from a Scottish court than an English court. The Secretary of State had accepted that the Scottish court had jurisdiction.
Held: The court dismissed the petition. The Scottish courts were a wholly inappropriate forum, and the English courts were the obvious and natural forum, for any scrutiny of the decisions to detain the petitioner and keep him in detention.

Judges:

Lord Ordinary (Prosser)

Citations:

1992 SLT 1049

Cited by:

Cited – Tehrani v Secretary of State for the Home Department HL 18-Oct-2006
The House was asked whether an asylum applicant whose original application was determined in Scotland, but his application for leave to appeal rejected in London, should apply to challenge those decisions in London or in Scotland.
Held: Such . .
Lists of cited by and citing cases may be incomplete.

Immigration, Scotland

Updated: 01 May 2022; Ref: scu.245386

Rutherford v Lord Advocate: 1931

The taxpayer lived in Scotland but was assessed to tax in respect of director’s fees paid to him by a company carrying on business in England. The assessment was confirmed by county general commissioners. The tax not having been paid, execution was levied on the taxpayer’s furniture in Scotland. The taxpayer applied to the Court of Session to set aside this diligence.
Held: The Court of Session could not set aside the determination of the commissioners. For that the taxpayer must resort to the English courts. But it was competent for the taxpayer to invoke the ‘preventive jurisdiction’ to stop the diligence of which he complained.

Judges:

Lord Fleming

Citations:

1931 SLT 405

Cited by:

Cited – Tehrani v Secretary of State for the Home Department HL 18-Oct-2006
The House was asked whether an asylum applicant whose original application was determined in Scotland, but his application for leave to appeal rejected in London, should apply to challenge those decisions in London or in Scotland.
Held: Such . .
Lists of cited by and citing cases may be incomplete.

Income Tax, Scotland

Updated: 01 May 2022; Ref: scu.245383

McCrone v Boots Farm Sales Limited: 1981

The court considered the meaning of ‘standard form contract’ as it applied in Scotland under the 1977 Act: ‘The Act does not define ‘standard form contract’, but its meaning is not difficult to comprehend. In some cases there may be difficulty deciding whether the phrase properly applies to particular contract. I have no difficulty deciding that, upon the assumption that the defenders prove that their general conditions of sale were set out in all their invoices and they were incorporated by implication in their contract with the pursuer, the contract was a standard form contract within the meaning of the said section 17.
Since Parliament saw fit to leave the phrase to speak for itself, far be it from me to attempt to formulate a comprehensive definition of it. However, the terms of s. 17 in the context of this Act make it plain to me that the section is designed to prevent one party to a contract from having his contractual rights, against a party who is in breach of contract, excluded or restricted by a term or condition, which is one of a number of fixed terms or conditions invariably incorporated in contracts of the kind in question by the party in breach, and which have been incorporated in the particular contract in circumstances in which it would be unfair and unreasonable for the other party to have his rights so excluded or restricted. If the section is to achieve its purpose, the phrase ‘standard form contract’ cannot be confined to written contracts in which both parties use standard forms. It is, in my opinion, wide enough to include any contract, whether wholly written or partly oral, which includes a set of fixed terms or conditions which the proponer applies, without material variation, to contracts of the kind in question. It would, therefore, include this contract if the defenders’ general conditions of sale are proved to have been incorporated in it. In that event, it would be for the defenders to prove that it was fair and reasonable for their condition 6 to be incorporated in this contract.’

Judges:

Lord Dunpark

Citations:

[1981] SLT 103

Statutes:

Unfair Contract Terms Act 1977 17

Cited by:

Cited – Pegler Ltd v Wang (UK) Ltd TCC 25-Feb-2000
Standard Conract – Wide Exclusions, Apply 1977 Act
The claimant had acquired a computer system from the defendant, which had failed. It was admitted that the contract had been broken, and the court set out to decide the issue of damages.
Held: Even though Wang had been ready to amend one or . .
Lists of cited by and citing cases may be incomplete.

Scotland, Contract, Consumer

Updated: 01 May 2022; Ref: scu.238579

West v Secretary of State for Scotland: SCS 1992

The court asked what was to be considered to be truly an application to the supervisory jurisdiction of the court.
Held: Lord President (Hope): ‘The public or private nature of the inferior body or tribunal is not decisive, nor is it necessary to enquire whether the decision of the inferior body or tribunal is administrative in character. The essential point is that a decision-making function has been entrusted to that body or tribunal which it can be compelled by the court to perform. As counsel for the respondent pointed out, the tripartite relationship in these arrangements is significant. The essential feature of all these cases is the conferring, whether by statute or private contract, of a decision-making power or duty on a third party to whom the taking of the decision is entrusted but whose manner of decision-making may be controlled by the court.’
The competency of an application to the supervisory jurisdiction ‘does not depend upon any distinction between public law and private law, nor is it confined to those cases which English law has accepted as amenable to judicial review…’.

Judges:

Lord President (Hope)

Citations:

1992 SC 385

Cited by:

Cited – Reclaiming Motion In Petition of Scott Davidson for Judicial Review of A Decision To Continue To Detain the Prisoner In Inhuman and Degrading Prison C SCS 18-Dec-2001
A prisoner sought an order for his removal from a prison found to have a regime which breached his human rights. The Crown replied that an order could not be made under s21 of the 1947 Act.
Held: The prisoner had followed through his rights to . .
Cited – Davidson v Scottish Ministers HL 15-Dec-2005
The complainant a prisoner sought an order that he should not be kept in conditions found to be inhumane. He had been detained in Barlinnie priosn. The Crown replied that a mandatory order was not available against the Scottish Ministers.
Cited – AXA General Insurance Ltd and Others v Lord Advocate and Others SC 12-Oct-2011
Standing to Claim under A1P1 ECHR
The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable . .
Lists of cited by and citing cases may be incomplete.

Scotland, Administrative

Updated: 01 May 2022; Ref: scu.237558

McMillan v Free Church of Scotland: 1861

A clergyman complained of the loss of his benefice.
Held: A patrimonial interest was involved and that the court would protect it. While the court might not have the power to restore the pursuer to the ministry, it did not follow that he was unable to prosecute his civil rights and interests, whatever they might be.

Judges:

Lord President McNeill

Citations:

(1861) 23 D 1314

Cited by:

Cited – Percy v Church of Scotland Board of National Mission HL 15-Dec-2005
The claimant appealed after her claim for sex discrimination had failed. She had been dismissed from her position an associate minister of the church. The court had found that it had no jurisdiction, saying that her appointment was not an . .
Lists of cited by and citing cases may be incomplete.

Scotland, Ecclesiastical

Updated: 30 April 2022; Ref: scu.236515