Category: Scotland

Anderson v Shetland Islands Council and Another: SCS 15 Nov 2011

Judges:

Lady Smith

Citations:

[2011] ScotCS CSOH – 187

Links:

Bailii

Citing:

See Also – Anderson v Shetland Islands Council and Another SCS 16-Feb-2010
The petitioner complained that the responders had constructed various properties near her house in such a way as to redirect large volumes of run-off water onto her property.
Held: The petition was dismissed. The petitioner had not relevantly . .

Cited by:

See Also – 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, Land

Updated: 26 September 2022; Ref: scu.448531

Jude v Her Majesty’s Advocate: SC 23 Nov 2011

The Lord Advocate appealed against three decisions as to the use to be made of interviews where the detainees had not been given access to lawyers. In each case the prosecutor now appealed after their convictions had been overturned in the light of the decision in Cadder.
Held: (Lord Kerr dissenting) The prosecutor’s appeals failed. No time bar applied under section 100 of the 1998 Act. Criminal appeals under section 57(2) were made by virtue of the 1998 Act. The legislation distinguished beween bringing proceedings on the basis of Convention rights, and relying on them ‘in any such proceedings.
In two cases the appeals failed, but the defendant Birnie had been offered and had declined legal assistance at the police station, and the appeal by HMA succeeded.
Lord Kerr dissentimng, said: ‘For a waiver to the right to legal assistance to be effective, there must be a knowing and intelligent decision to waive the right. I do not understand the majority in this case to suggest otherwise.’

Judges:

Lord Hope, Deputy President, Lord Brown, Lord Kerr, Lord Dyson, Lord Hamilton

Citations:

[2011] UKSC 55, 2012 SCCR 88, 2012 SLT 75, 2011 GWD 38-779, 2012 SCL 130, UKSC 2011/0150

Links:

Bailii, Bailii Summary, SC, SC Summary

Statutes:

Criminal Procedure (Scotland) Act 1995 14 15, European Convention on Human Rights 6(3)(c) 6(1), Scotland Act 1998 57(2) 100(3B)

Jurisdiction:

Scotland

Citing:

Appeal from – Jude and Others v Her Majesty’s Advocate HCJ 11-May-2011
. .
Cited – Cadder v Her Majesty’s Advocate SC 26-Oct-2010
Statement without lawyer access was inadmissible
The accused complained that he had been convicted for assault and breach of the peace on the basis of a statement made by him during an interview with the police where, under the 1995 Act, he had been denied access to a lawyer.
Held: The . .
Cited – Regina v Kansal (2) HL 29-Nov-2001
The prosecutor had lead and relied at trial on evidence obtained by compulsory questioning under the 1986 Act.
Held: In doing so the prosecutor was acting to give effect to section 433.
The decision in Lambert to disallow retrospective . .
Cited – McGowan (Procurator Fiscal) v B SC 23-Nov-2011
The appellant complained that after arrest, though he had been advised of his right to legal advice, and had declined the offer, it was still wrong to have his subsequent interview relied upon at his trial.
Held: It was not incompatible with . .
Cited – Martin v Her Majesty’s Advocate SC 3-Mar-2010
The claimant challenged the law extending the power of Sheriffs sitting alone to impose sentences of up to one year.
Held: The defendants’ appeal failed (Lord Rodger and Lord Kerr dissenting). The change was within the power of the Scottish . .
Cited – Somerville v Scottish Ministers HL 24-Oct-2007
The claimants complained of their segregation while in prison. Several preliminary questions were to be decided: whether damages might be payable for breach of a Convention Right; wheher the act of a prison governor was the act of the executive; . .
Cited – Manuel v HM Advocate HCJ 25-Jun-1958
In order to be found to be voluntarily given, a suspect’s statement must have been freely given and not given in response to pressure or inducement and not elicited by questioning other than what is directed simply to elucidating what has been said. . .

Cited by:

Cited – Saunders v Regina CACD 26-Jun-2012
The defendant sought leave to appeal after a ruling that her refusal to take legal advice during police interview had been informed and voluntary. The interviewing officer had adopted a policy of always giving disclosure where the suspect was . .
Lists of cited by and citing cases may be incomplete.

Police, Human Rights, Criminal Evidence

Updated: 26 September 2022; Ref: scu.448487

Mactavish’s Trustees v Ogston’s Executors: SCS 10 Mar 1903

By a trust-disposition dated in 1898 a truster left certain funds to his nephew in liferent, declaring that the capital should belong to the liferenter’s issue, in such proportions as he should direct, and failing such issue that it should be disposed of as the liferenter might by will direct. The nephew survived the truster, and died without issue, leaving a will dated in 1894, by which he disposed of ‘the whole estate and effects of every description, heritable and moveable, real and personal, of which I may die possessed.’ In a special case, in which there was no statement whether the nephew did or did not know of the power of appointment conferred upon him, held that the power was validly exercised by his will.

Citations:

[1903] SLR 40 – 458

Links:

Bailii

Jurisdiction:

Scotland

Wills and Probate

Updated: 25 September 2022; Ref: scu.611134

Beck and Scottish Criminal Cases Review Commission: SIC 8 Aug 2011

Copy of a statement of reasons – Mr Beck requested from the Scottish Criminal Cases Review Commission (the SCCRC) the statement of reasons issued by the SCCRC in relation to a named individual. The SCCRC responded by advising Mr Beck that it considered the information to be exempt from disclosure in terms of section 26(a) of FOISA due to a prohibition on disclosure contained in section 194J of the Criminal Procedure (Scotland) Act 1995 (the CPSA). Following a review, Mr Beck remained dissatisfied and applied to the Commissioner for a decision.
Following an investigation, the Commissioner accepted that the SCCRC was prohibited from disclosing the information requested by Mr Beck, and so had correctly applied the exemption in section 26(a) of FOISA to the information.

Citations:

[2011] ScotIC 155 – 2011

Links:

Bailii

Scotland, Information

Updated: 23 September 2022; Ref: scu.447380

Mclean and City of Edinburgh Council: SIC 23 Aug 2011

Compliance with timescales – This decision considers whether the City of Edinburgh Council (the Council) complied with the technical requirements of the Freedom of Information (Scotland) Act 2002 (FOISA) in responding to an information request made by Mr McLean.

Citations:

[2011] ScotIC 177 – 2011

Links:

Bailii

Scotland, Information

Updated: 23 September 2022; Ref: scu.447360

Ralph Lucas and University of Glasgow: SIC 8 Aug 2011

Information relating to graduating students – Mr Ralph Lucas requested from the University of Glasgow (the University) statistical data relating to certain students who had graduated from the University in the academic years 2006/7 to 2008/9 inclusive. The University responded by advising Mr Lucas that it considered the information to be exempt from disclosure in terms of section 38(1)(b) of the Freedom of Information (Scotland) Act 2002 (FOISA), on the basis that the disclosure of the information would identify individual graduates and disclosure would be unlawful under Data Protection Act 1998 (the DPA). Following a review, Mr Lucas remained dissatisfied and applied to the Commissioner for a decision.
Following an investigation, the Commissioner found that the exemption did not apply to the statistical data. While he accepted that it was possible that disclosure would identify individuals (and he therefore agreed that the statistical data requested by Mr Lucas comprised personal data), he did not consider that disclosure would breach the DPA. He therefore required the University to provide Mr Lucas with the requested information.

Citations:

[2011] ScotIC 156 – 2011

Links:

Bailii

Scotland, Information

Updated: 23 September 2022; Ref: scu.447368

Nick Rowden and Highland Council: SIC 17 Aug 2011

SIC Antisocial behaviour investigation – Mr Rowden requested from Highland Council (the Council) reports and related information on investigations carried out by the Council into the behaviour of named individuals. The Council responded by withholding the information under a number of exemptions in FOISA. Following a review, as a result of which the Council also relied on additional exemptions, Mr Rowden remained dissatisfied and applied to the Commissioner for a decision.
Following an investigation, the Commissioner found that the Council had dealt with Mr Rowden’s request for information in accordance with Part 1 of FOISA, by withholding the information. In this case, he was satisfied that the information was subject to legal professional privilege, or that it was personal data (some being Mr Rowden’s own personal data and some being the personal data of others, the disclosure of which would breach the data protection principles). He did not require the Council to take any action.

Citations:

[2011] ScotIC 170 – 2011

Links:

Bailii

Scotland, Information

Updated: 23 September 2022; Ref: scu.447364

Bobby Park v Glasgow City Council: SIC 11 May 2011

SIC Copy of a contract – Mr Bobby Park (Mr Park) requested from Glasgow City Council (the Council) a copy of a contract. The Council withheld the information on the grounds that it was exempt from disclosure under sections 30(c) and 33(1)(b) of the Freedom of Information (Scotland) Act 2002 (FOISA). Following a review, the Council modified its decision and disclosed some information to Mr Park. However, it maintained its decision to withhold the remaining information, but only on the grounds that it was exempt under section 33(1)(b) of FOISA. Mr Park remained dissatisfied and applied to the Commissioner for a decision.
During the investigation the Council disclosed the majority of the information within the contract to Mr Park, and withdrew its previous application of the exemption in section 33(1)(b). This decision is concerned only with the matters with which Mr Park remained dissatisfied at the end of the investigation. These are (a) whether the Council has identified and provided all parts of the contract to Mr Park and (b) whether the Council was entitled to withhold the names of two individuals who witnessed the signing of the contract. The Council submitted during the investigation that the witnesses’ names were exempt from disclosure under section 38(1)(b) of FOISA.
Following an investigation, the Commissioner found that (in relation to the matters considered in this decision) the Council had dealt with Mr Park’s request for information in accordance with Part 1 of FOISA. He concluded that the Council had identified and considered all parts of the contract requested by Mr Park when responding to his in formation request. The Commissioner also found that the Council was entitled to withhold the names of the witnesses under section 38(1)(b) of FOISA

Citations:

[2011] ScotIC 083 – 2011

Links:

Bailii

Scotland, Information

Updated: 23 September 2022; Ref: scu.447294

Loveday’s and Scottish Borders Council: SIC 8 Aug 2011

Clerk of Works’ qualifications and information relating to an on-site assessment
Loveday’s requested from Scottish Borders Council (the Council) information relating to a Clerk of Works appointed by the Council and information concerning an on-site assessment carried out at a specified address. The Council responded by advising Loveday’s that it did not hold any relevant information. Following a review, Loveday’s remained dissatisfied and applied to the Commissioner for a decision.
Following an investigation, the Commissioner found that the Council had dealt with Loveday’s request for information in accordance with Part 1 of FOISA. He did not require the Council to take any action.

Citations:

[2011] ScotIC 152 – 2011

Links:

Bailii

Scotland, Information

Updated: 23 September 2022; Ref: scu.447350

Irvine and South Lanarkshire Council: SIC 24 May 2011

Departure of a member of staff – Mr Mark Irvine (Mr Irvine) requested from South Lanarkshire Council (the Council) information regarding the early retiral of a particular employee. The Council responded by providing some information, but it maintained that it was not obliged to comply with some parts of the request, on the grounds that these constituted repeated requests for the purposes of section 14(2) of the Freedom of Information (Scotland) Act 2002 (FOISA). Following a review, in which some further information was disclosed to Mr Irvine and the Council continued to rely on section 14(2) of FOISA, Mr Irvine remained dissatisfied and applied to the Commissioner for a decision.
Following an investigation, the Commissioner found that the Council had dealt with Mr Irvine’s request for information in accordance with Part 1 of FOISA by applying the provision in section 14(2) of FOISA for point IV of Mr Irvine’s request. He did not require the Council to take any action.

Citations:

[2011] ScotIC 099 – 2011

Links:

Bailii

Scotland, Information

Updated: 23 September 2022; Ref: scu.447303

Benson and Glasgow Caledonian University: SIC 24 May 2011

Suspension of staff – Mr Ian Benson (Mr Benson) asked Glasgow Caledonian University (the University) for information as to the number of staff suspended. The University responded by advising Mr Benson in terms of section 14(2) of the Freedom of Information (Scotland) Act 2002 (FOISA) that it was not obliged to comply with this request as it considered it to be a repeated request. Mr Benson was dissatisfied with these responses and applied to the Commissioner for a decision.
Following an investigation, the Commissioner found that the University had acted in accordance with Part 1 of FOISA when responding to Mr Benson’s information request. He concluded that this was a repeated request for the purposes of section 14(2) of FOISA, and so the University was not obliged to comply with the request.

Citations:

[2011] ScotIC 098 – 2011

Links:

Bailii

Scotland, Information

Updated: 23 September 2022; Ref: scu.447300

Kane v Water Industry Commission for Scotland: SIC 14 Jul 2011

Meeting notes, minutes and correspondence
Mr Kane requested from the Water Industry Commission for Scotland (WICS) various board papers, meeting notes, minutes, correspondence and other records. WICS responded by providing some information to Mr Kane (including summaries of information held), while stating that other information was either not held or exempt from disclosure in terms of various sections of FOISA. Following a review, Mr Kane remained dissatisfied and applied to the Commissioner for a decision.
Following an investigation, the Commissioner found that, while WICS did not hold some of the information, and while WICS had correctly withheld certain information in terms of sections 30(b)(ii) and 36(1) of FOISA, it had partially failed to deal with Mr Kane’s requests for information in accordance with Part 1 of FOISA.
The Commissioner found that by providing summaries which failed to accurately provide the information held and by incorrectly withholding other information under section 30(c) of FOISA (not being satisfied that the disclosure of this information would, or would be likely to, cause prejudice to the effective conduct of public affairs in the ways WICS had claimed), WICS failed to comply with section 1(1). The Commissioner required WICS to provide the information to Mr Kane.

Citations:

[2011] ScotIC 140 – 2011

Links:

Bailii

Scotland, Information

Updated: 23 September 2022; Ref: scu.447344

Little Cumbrae Estate Limited and Solway Shellfish Management Association: SIC 24 May 2011

Verification and recording of cockle fishing and landings – This decision considers whether the Solway Shellfish Management Association (the SSMA) complied with the technical requirements of the Environmental Information (Scotland) Regulations 2004 (the EIRs) in responding to an information request made on behalf of Little Cumbrae Estate Limited.

Citations:

[2011] ScotIC 097 – 2011

Links:

Bailii

Scotland, Information

Updated: 23 September 2022; Ref: scu.447291

Blyth v Glasgow City Council: SIC 24 May 2011

Type of engines in licensed taxis – Mr Ross Blyth (Mr Blyth) asked Glasgow City Council (the Council) for information as to the number of licensed taxis in the Glasgow area that have particular types of engines. The Council responded by giving Mr Blyth a notice under section 17 of the Freedom of Information (Scotland) Act 2002 (FOISA) that it did not hold the requested information. Following a review, in which the Council upheld its reliance on section 17 of FOISA, Mr Blyth remained dissatisfied and applied to the Commissioner for a decision.
Following an investigation, the Commissioner found that the Council had dealt with Mr Blyth’s request for information in accordance with Part 1 of FOISA, by advising Mr Blyth that it did not hold the requested information.

Citations:

[2011] ScotIC 100 – 2011

Links:

Bailii

Scotland, Information

Updated: 23 September 2022; Ref: scu.447307

F and Scottish Prison Service: SIC 23 May 2011

SIC SPS Policy on prisoner access to in-cell TV, wages and removal of privileges by local management.
Mr F asked the Scottish Prison Service (the SPS) for information as to the SPS local and national policy on prisoner access to in-cell TV, wages, and removal of privileges by local management. No response was provided by the SPS. Following a review, the SPS provided Mr F with information that it considered fully answered his request. Mr F was dissatisfied with this response and applied to the Commissioner for a decision.
The Commissioner found that in not responding to Mr F’s request for information within 20 working days the SPS breached section 10(1) of FOISA. However, the Commissioner was satisfied that the SPS complied with section 1(1) of FOISA in providing Mr F with all relevant information it held in relation to his request.

Citations:

[2011] ScotIC 096 – 2011

Links:

Bailii

Scotland, Information, Prisons

Updated: 23 September 2022; Ref: scu.447297

Dingley v Chief Constable of Strathclyde Police: HL 11 May 2000

The officer had been injured in an accident in a police van. He developed multiple sclerosis only a short time afterwards. The respondent denied that the accident caused the MS.
Held: There is no proof of what causes MS, but it was common ground that trauma never causes the disease. The question was whether trauma could trigger it. In a small number of cases the onset of symptoms is preceded by trauma, but coincidences can occur. So the theory that trauma triggers the onset of symptoms of MS has to be tested. There was insufficient evidence in this case to support such a conclusion. Appeal dismissed.

Judges:

Browne-Wilkinson Lord Nicholls of Birkenhead Lord Steyn Lord Hope of Craighead Lord Clyde

Citations:

[2000] UKHL 14, 2000 SC (HL) 77

Links:

House of Lords, Bailii

Jurisdiction:

Scotland

Citing:

Cited – Watt (or Thomas) v Thomas HL 1947
When Scots Appellate Court may set decision aside
The House considered when it was appropriate for an appellate court in Scotland to set aside the judgment at first instance.
Lord Thankerton said: ‘(1) Where a question of fact has been tried by a judge without a jury, and there is no question . .
Cited – Benmax v Austin Motor Co Ltd HL 1955
Except for cases which are expressly limited to questions of law, an appellant is entitled to appeal from the Court of Session to the House against any finding, whether it be a finding of law, a finding of fact or a finding involving both law and . .
Cited – Islip Pedigree Breeding Centre and Others v Abercromby HL 1959
The House of Lords should only review concurrent findings of fact in both Outer and Inner House of the Court of Session which depended upon an assessment of credibility by the trial judge if it can be clearly demonstrated that his findings were . .
Cited – Stephen v Scottish Boatowners Mutual Insurance Association HL 1989
The House was asked whether the skipper of a fishing boat had used all reasonable endeavours to save his vessel, Lord Keith of Kinkel said that the test was an objective one directed to ascertaining ‘what an ordinarily competent fishing boat skipper . .
Cited – Smith New Court Securities Ltd v Scrimgeour Vickers HL 21-Nov-1996
The defendant had made misrepresentations, inducing the claimant to enter into share transactions which he would not otherwise have entered into, and which lost money.
Held: A deceitful wrongdoer is properly liable for all actual damage . .
Cited – Brodie v British Railways Board HL 1972
. .
Cited – Davie v Magistrates of Edinburgh 1953
Issues arose in relation to the expert evidence which had been led.
Held: The court rejected a submission that, where no counter evidence on the science in question had been adduced for the pursuer, the Court was bound to accept the . .
Appeal from – Dingley v The Chief Constable, Strathclyde Police 1998
The court was asked whether the development of multiple sclerosis had been caused by physical injury sustained in a motor accident. Medical science was not able to demonstrate the connection between the two, and reliance was placed on . .

Cited by:

See Also – Dingley v The Chief Constable of Strathclyde Police OHCS 9-Oct-2002
. .
Cited – McTear v Imperial Tobacco Ltd OHCS 31-May-2005
The pursuer sought damages after her husband’s death from lung cancer. She said that the defenders were negligent in having continued to sell him cigarettes knowing that they would cause this.
Held: The action failed. The plaintiff had not . .
Lists of cited by and citing cases may be incomplete.

Police, Personal Injury

Updated: 22 September 2022; Ref: scu.159048

BH and Another v HM Advocate: HCJ 29 Jul 2011

Judges:

Lord Osborne, Lord Reed, Lord Mackay of Drumadoon

Citations:

[2011] ScotHC HCJAC – 77

Links:

Bailii

Statutes:

Extradition Act 2003

Cited by:

Appeal from – BH and Another v The Lord Advocate and Another SC 20-Jun-2012
The appellants wished to resist their extradition to the US to face criminal charges for drugs. As a married couple that said that the extraditions would interfere with their children’s rights to family life.
Held: The appeals against . .
Lists of cited by and citing cases may be incomplete.

Scotland, Human Rights, Extradition

Updated: 20 September 2022; Ref: scu.444893

Heritable Bank Plc (Administrators of) v The Winding Up Board of Landsbanki Islands Hf: SCS 28 Sep 2011

The appellant (H) had claimed in the responder’s (L) insolvency proceedings in Iceland. Their claim had been rejected by L’s winding-up board, and then withdrawn. L then claimed in H’s own insolvency in Scotland, saying that within the EEA, and under the Directive, the decision in Iceland was binding on the Scots proceedings. That argument had been accepted at the Outer House. H appealed.
Held: H’s appeal succeeded.

Judges:

Lord President Hamilton, Lord Mackay of Drumadoon and Lord Marnoch

Citations:

[2011] ScotCS CSIH – 61, [2012] 2 BCLC 21, 2012 SLT 247, 2011 GWD 35-728, 2012 SC 209

Links:

Bailii

Citing:

Appeal from – The Winding Up Board of Landsbanki Islands Hf v Mills and Others OHCS 20-Jul-2010
The claimants had made claims in the insolvency of Landsbanki in Iceland. There had been a ruling by Landsbanki’s winding-up board in those Icelandic winding-up proceedings that to the extent that it was final and binding in Iceland, it must also be . .
Cited – Adams v National Bank of Greece HL 1961
Questions of interpretation and enforcement of contracts are resolved by reference to the proper law. Although debt under a contract whose proper law is the law of another jurisdiction may, for the purposes of Scots law, be discharged by insolvency . .

Cited by:

Appeal from – 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.

Scotland, Insolvency, European

Updated: 20 September 2022; Ref: scu.444856

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 the staute at 8% was too high.

Judges:

Lord Hodge

Citations:

[2011] ScotCS CSOH – 153

Links:

Bailii

Statutes:

Damages (Scotland) Act 1958

Citing:

Cited – Carmichael v Caledonian Railway Co HL 1870
Interest can be demanded only in virtue of a contract express or implied ‘or by virtue of the principal sum of money having been wrongfully withheld, and not paid on the day when it ought to have been paid.’ Interest was due when money was . .
Cited – Kolbin and Sons v Kinnear and Co Ltd HL 6-Jul-1931
Claim for wrongful delivery of goods. . .
Cited – 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 . .
Cited – Boots The Chemist Ltd v G A Estates Ltd 1992
It is the general practice of the Court of Session to award interest due under the 1958 Act at the rate of 8%. . .

Cited by:

See Also – Farstad Supply As v Enviroco Ltd SCS 20-Feb-2013
The pursuers sought damages arising from a fire on their oil rig. The principal damages had been agreed, but the parties disputed the calculation of interest, the defenders saying that interest was due only on elements quantifiable before the date . .
Lists of cited by and citing cases may be incomplete.

Scotland, Damages

Updated: 19 September 2022; Ref: scu.444240

G v Decision of The Mental Welfare Tribunal: SCS 23 Aug 2011

The Inner House considered the circumstances in which it may be appropriate, as a matter of law, for the Mental Health Tribunal for Scotland to pronounce no order for arrangements to be made for the transfer of a patient detained in the State Hospital to conditions of lesser security, following a finding that the patient is being detained in conditions of excessive security.

Judges:

Clerk, Bonomy, Brodie LL

Citations:

[2011] ScotCS CSIH – 55, 2011 SCLR 770, [2011] CSIH 55, 2011 GWD 29-638, [2011] MHLR 387, 2012 SC 138

Links:

Bailii

Statutes:

Mental Health (Care and Treatment) (Scotland) Act 2003 322

Cited by:

Appeal from – G v Scottish Ministers and Another SC 18-Dec-2013
The 2003 Act had been intended to make provision for those who had been in long term mental health carse, but would not need such continued are but were not either ready to survive without continuing support in the community. The claimant had been . .
Lists of cited by and citing cases may be incomplete.

Scotland, Health

Updated: 17 September 2022; Ref: scu.443288

Rev Smith As Moderator of The General Assembly of The Free Church of Scotland and Others v Rev Morrison and Others: SCS 12 Aug 2011

The pursuer sought a declaration as to the ownership of and trusts in land and building forming the Manse at Broadford, Skye, and an order excluding the respondents from the lands.

Judges:

Lord Osborne, Lord Bonomy, Lord Drummond Young

Citations:

[2011] ScotCS CSIH – 52

Links:

Bailii

Jurisdiction:

Scotland

Land, Ecclesiastical, Trusts

Updated: 17 September 2022; Ref: scu.442763

Walton and Others v The Scottish Ministers: SCS 11 Aug 2011

Outer House – Opinion

Judges:

Lord Tyre

Citations:

[2011] ScotCS CSOH – 131, [2011] CSOH 131, 2011 SCLR 686, 2011 GWD 34-703

Links:

Bailii

Statutes:

Roads (Scotland) Act 1984

Cited by:

At Outer House – 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 . .
At Outer House – Walton v The Scottish Ministers SCS 29-Feb-2012
The reclaimer challenged the making of several orders redesignating roads around the Aberdeen Western Peripheral Route. . .
Lists of cited by and citing cases may be incomplete.

Scotland, Transport, European

Updated: 17 September 2022; Ref: scu.442726

Grieve v Douglas-Home: SCS 23 Dec 1964

(Election Court)

Judges:

Lord Migdale

Citations:

[1964] ScotCS 3, 1965 SC 315, 1965 SLT 186

Links:

Bailii

Jurisdiction:

Scotland

Cited by:

Distinguished – Director of Public Prosecutions v Luft HL 26-May-1976
The defendants were campaigning against the National Front in an election. They were separately said to have distributed leaflets infringing the 1949 Act, in that the expenses were not authorised, and the leaflets did not have the name of the . .
Lists of cited by and citing cases may be incomplete.

Elections

Updated: 17 September 2022; Ref: scu.279471

John Macdonald v Federation International De Football Association and others: OHCS 2 Dec 1998

An organiser of a football match was not responsible for the costs of a disappointed spectator after the opposing team failed to appear. A foreign company once properly joined as co-defendant remained a party after a native party was released.

Judges:

R.G. McEwan

Citations:

Times 07-Jan-1999, [1998] ScotCS 85

Links:

Bailii

Jurisdiction:

Scotland

Contract

Updated: 16 September 2022; Ref: scu.169743

Ward v Scotrail Railways Limited: SCS 27 Nov 1998

The claimant sought damages from the defender, saying that a co-worker had sexually harrassed her. The behaviour continued after she made a complaint to her employer.
Held: It was conceded that the employee’s conduct was not such as to attract a vicarious liability, but in the circumstances the employee was indulging in an unrelated and independent venture of his own.

Judges:

Lord Reed

Citations:

[1998] ScotCS 81, 1999 SC 255

Links:

Bailii

Jurisdiction:

Scotland

Citing:

Cited – Khorasandjian v Bush CA 16-Feb-1993
The plaintiff was an eighteen year old girl who had had a friendship with the defendant, aged 28. The friendship broke down and the plaintiff said she would have no more to do with him, but the defendant did not accept this. There were many . .
Cited – Walker v Northumberland County Council QBD 16-Nov-1994
The plaintiff was a manager within the social services department. He suffered a mental breakdown in 1986, and had four months off work. His employers had refused to provide the increased support he requested. He had returned to work, but again, did . .

Cited by:

Cited – Lister and Others v Hesley Hall Ltd HL 3-May-2001
A school board employed staff to manage a residential school for vulnerable children. The staff committed sexual abuse of the children. The school denied vicarious liability for the acts of the teachers.
Held: ‘Vicarious liability is legal . .
Lists of cited by and citing cases may be incomplete.

Scotland, Vicarious Liability

Updated: 16 September 2022; Ref: scu.169748