Category: Scotland

Mrs Annie Lawson or Surtees v Robert Wotherspoon: SCS 20 Jan 1872

This was an action of declarator of marriage founded upon promise subsequente copula, or alternatively, for damages for breach of promise of marriage.
Held: Circumstances in which the judicial examination of the defender in a declarator of marriage was refused, there being no undue concealment or suspicion attaching to him, and no necessary probability of a penuria testium.
Opinion by the Lord President that judicial examination is still competent after proof has been led

Citations:

[1872] SLR 9 – 230

Links:

Bailii

Jurisdiction:

Scotland

Family

Updated: 16 September 2022; Ref: scu.576194

Quinn v Weir Systems Ltd: EAT 27 Apr 2001

Appeal at the instigation of the employee against a finding of the Employment Tribunal to the effect that he had resigned from his employment with the respondents in circumstances which did not amount to constructive dismissal.

Judges:

Lord Jonston

Citations:

[2001] UKEAT 1317 – 00 – 2704

Links:

Bailii

Citing:

Cited – Western Excavating (ECC) Ltd v Sharp CA 1978
To succeed in a claim for constructive dismissal the plaintiff must establish a breach of contract by the defendant, that the breach was sufficiently serious to have justified the claimant resigning, or at least be the last in a series of events . .
Cited – Woods v W M Car Services (Peterborough) Ltd EAT 1981
An employer will be guilty of a breach which entitles an employee to resign and claim constructive dismissal if the employer behaves in such a way as to destroy the relationship of trust and confidence. An employer shall not ‘without reasonable and . .
Lists of cited by and citing cases may be incomplete.

Employment, Scotland

Updated: 16 September 2022; Ref: scu.442036

The Provinciall of The Slackfrieris v William Bervick: SCS 18 Nov 1503

No man should be pue out of his possession but by order of law. – Ane man beand be the space of ten zeiris, or ane langer time, in use and possessioun of ony annuelrent or dewtie to be upliftit out of ony landis or tenementis, or ony uther thing, he aucht and sould bruik and joise the samin, and be mantenit in his possessioun foirsaid, ay and quhill he be lauchfullie callit, and ordourlie put thairfra be the law.

Citations:

[1503] Mor 10597

Links:

Bailii

Jurisdiction:

Scotland

Land

Updated: 15 September 2022; Ref: scu.554590

The King v The Bailies of Haddington: SCS 5 Dec 1500

Ony persoun beand accusit criminallie befoir the judge criminal, the saidis Lordis (of Session) are judgeis competent to cognosce and tak inquisitioun, quhidder the samin judge hes procedit ordourlie or not, in sic thingis as concernis thair office in leiding and deducing of the proces: And gif he be fund culpabill, or convict to have unordourlie or unjustly procedit, thay may de decern him to be punist thairfoir, and als reduce the proces led, done, and pronuncit be him. And gif the Judge, in ony actioun of blude, as is persewit of foirthocht felone committit, takis inquisition, or makis accusatioun, of troublance, and makis the persounis committaris of the said blude quyte of the troublance, intending thairby, in defraud of justice, to mak thame quyte of the blude, and foirthocht felonie, in sa far as he may, the saidis Lordis may likewayis cognosce thairupon.

Citations:

[1500] Mor 7318

Links:

Bailii

Jurisdiction:

Scotland

Jurisdiction

Updated: 15 September 2022; Ref: scu.554536

The King v The Sheriff of Fife: SCS 7 Dec 1500

The Lordis of Sessioun are on na wayis Judges competent to cognosce in ony actioun, or caus concerning crimes, sic as hurting, mutilatioun, or slauchter of men: And farder, gif ony persoun be accusit criminallie befoir the Justice, or his deputis, or ony uther Judge within this realme havand criminal jurisdictioun, and be put to the knawledge of ane assise thairanent, gif he be ather fylit or quytit, quhidder the samin deliverance of the assise be wrangouslie or richteouslie done, the saidis Lordis hes na powar to cognosce thairupon, bot aucht and sould remit the samin to the Justice, and his deputis, to be decidit befoir thame be ain greit assise, conform to the lawis of this realme.

Citations:

[1500] Mor 7318

Links:

Bailii

Jurisdiction:

Scotland

Criminal Practice

Updated: 15 September 2022; Ref: scu.554537

N v Johne Creichtoune: SCS 30 Mar 1501

Ane minor beand in ward in the Kingis or uther superiouris hands, na actioun or clam tuiching his ward-landis may be intentit or proponit aganis him, except the King, or his uther superiour, be warnit to compeir for his defence; because the minor sould be defendit in all sic actiounis be him in quhais handis and powar he is, be ressoun of ward.

Citations:

[1501] Mor 16215

Links:

Bailii

Jurisdiction:

Scotland

Children

Updated: 15 September 2022; Ref: scu.554585

William Douglas v Robert Boyd and Johne Kernis, His Tutor: SCS 4 Dec 1500

Gif ony actioun or cause be intentit aganis ane pupill and his tutor, and befoir the intenting thairof, or thairefter, the tutor be commandit to ward be the Kingis grace, the actioun and cause aucht and sould be continewit and delayit aganis the said minor, untill his tutor, quha sould have defendit him, be fred and relevitfra his captivitie and ward; and in the mean time of the continuatioun and endurance in ward of the tutor, all lauchfull defences and exceptiounis ar reservit to baith the parties, and all prescriptiounis aucht and sould sleip and ceis, quhilkis utherwayis micht have run and had course in the said matter.

Citations:

[1500] Mor 16215

Links:

Bailii

Jurisdiction:

Scotland

Children

Updated: 15 September 2022; Ref: scu.554539

Murray v King’s Advocate: SCS 18 Feb 1502

A bastard leaving a wife, but no children, the King’s donatary has right to the whole heritage and heirship moveables; also to the half of the other moveables, under burden of the bastard’s debts, funeral expences, andc. The relict has right to the remainder of the moveables.

Citations:

[1502] Mor 1346

Links:

Bailii

Jurisdiction:

Scotland

Wills and Probate

Updated: 15 September 2022; Ref: scu.543968

Davies and Another v The Scottish Commission for The Regulation of Care: ScSf 9 May 2011

The pursuers ran a day care nursery. They had been subject to proceedings for the cancellation of their registration. The Commission had been dissolved and replaced by a new body, and they said that the new body could not be substituted in that decision process.

Judges:

Sir Stephen T Young Bt QC

Citations:

[2011] ScotSC 22

Links:

Bailii

Statutes:

Regulation of Care (Scotland) Act 2001

Cited by:

Appeal from – Davies and Another (T/A All Star) v The Scottish Commission for The Regulation of Care SCS 24-Jan-2012
The Commission had begun proceedings seeking to revoke the Davies’ registration to provide nursery facilities. The Commission was dissolved and the Sherriff had found that the new body could not take over the proceedings.
Held: The appeal . .
At Sherriff’s Court – Davies and Another (T/A All Stars Nursery) v The Scottish Commission for The Regulation of Care SC 27-Feb-2013
The appellants ran a day care nursery regulated under the 2001 Act. The Commission, being concerned at the care provided, sought to revoke the registration in proceedings before the Sherriff’s Court. Before they were concluded, the Commission was . .
Lists of cited by and citing cases may be incomplete.

Scotland, Administrative

Updated: 15 September 2022; Ref: scu.441375

JB DB and JWDWB v The Authority Reporter for Edinburgh: SCS 22 Jun 2011

Citations:

[2011] ScotCS CSIH – 39, [2011] CSIH 39, 2012 SCLR 187, 2011 Fam LR 96, 2012 SC 23, 2011 SLT 1194, 2011 GWD 22-510

Links:

Bailii

Cited by:

Cited – NJDB v JEG and Another SC 23-May-2012
Mother and father disputed whether the father should be allowed contact with their child S. Court orders had been made for residential and non-residential contact, but there were difficulties and the order for contact was reversed on the basis that . .
Lists of cited by and citing cases may be incomplete.

Scotland, Children, Legal Aid

Updated: 15 September 2022; Ref: scu.441328

Lloyds TSB Foundation for Scotland v Lloyds Banking Group Plc: SCS 17 Jun 2011

(Outer House) The bank had covenanted to provide a certain proportion of its profits to the pursuer charitable foundation. The bank had acquired another at an accounting loss, but in 2005, a change in accounting standards turned that substantial loss into a profit. The Foundation said that the donation should be calculated accordingly.
Held: The court granted to the defendant a decree of absolvitor. The parties had not intended that the calculation be affected ‘in a dramatic way’ by changes in accountancy practice.

Judges:

Lord Glennie

Citations:

[2011] ScotCS CSOH – 105, 2012 SLT 13, 2011 GWD 21-477, [2011] CSOH 105, 2012 SCLR 143

Links:

Bailii

Statutes:

Companies Act 1985

Cited by:

At Outer House – Lloyds TSB Foundation for Scotland v Lloyds Banking Group Plc SCS 29-Dec-2011
(Inner House) The bank had created a trust deed providing for a share of realised profits to be paid each year to the pursuer charitable foundation. The bank had acquired another bank leading to a substantial but unrealised gain. Regulations on . .
At Outer House – Lloyds TSB Foundation for Scotland v Lloyds Banking Group Plc SC 23-Jan-2013
A predecessor bank had created a trust into which it paid a small proportion of its profits. The parties now disputed the calculation of profits when the Bank declared a loss which allowed for an unrealised gain on the acquisition of HBOS. . .
Lists of cited by and citing cases may be incomplete.

Scotland

Updated: 15 September 2022; Ref: scu.441331

BBC, Petitioners: HCJ 11 Apr 2000

The absence of a jury from a criminal trial was not sufficient of itself to set aside the rule against the broadcasting of criminal proceedings. To set aside the rule, the onus was on the broadcaster to justify the departure from the rule and to persuade the court that there would be no interference in the proper administration of justice. It was not for the courts to justify acting in accordance with the rule.

Citations:

Times 11-Apr-2000, 2001 SCCR 440

Statutes:

Contempt of Court Act 1981

Jurisdiction:

Scotland

Cited by:

See Also – BBC, Petitioners (No 2) HCJ 13-Jun-2000
A ban on the televising of the Lockerbie trial was not a breach of the broadcasters rights under article 10. The fact that arrangements had been made for the trial to be relayed by television under strict conditions to relatives of the deceased, but . .
Cited – Her Majesty’s Advocate v William Frederick Ian Beggs (Opinion No 1) HCJ 17-Sep-2001
The defendant complained that the publicity preceding his trial for a notorious murder would prejudice his right to a fair trial, and sought an order under the 1981 Act to delay any further publicity until after the trial, partcularly where previous . .
Lists of cited by and citing cases may be incomplete.

Media, Criminal Practice

Updated: 13 September 2022; Ref: scu.78300

William Hamilton, of Grange, Esq v George Boswell Esq: HL 3 Feb 1721

A minor wife, whose husband was major, is reponed on the head of Minority and Lesion, against certain deeds executed by her, with consent of her husband: but such consent of the major husband excluded his jus mariti and courtesy, though it did not extend to enforce a warrandice of the deeds executed by the wife, to which he was specially bound.

Citations:

[1721] UKHL Robertson – 346

Links:

Bailii

Jurisdiction:

Scotland

Family

Updated: 13 September 2022; Ref: scu.553666

Janet Allan, Relict of John Cameron, Late of Carntyne, and Her Children v Messrs Robertson and Others, Creditors of Richard Cameron, Now of Carntyne: HL 15 Dec 1781

Real or Personal – Provisions to Wife and Children.- Circumstances in which held, that these had not been made real burdens on the estate conveyed.

Citations:

[1781] UKHL 2 – Paton – 572, (1781) 2 Paton 572

Links:

Bailii

Jurisdiction:

Scotland

Land

Updated: 13 September 2022; Ref: scu.562114

The Commissioners and Trustees of The Forfeited Estates v Sir George Stewart of Balcasky, Bart: HL 23 Jan 1721

Forfeiture for Treason.
Another question of the same nature as in the last appeal, arose between the same parties, in regard to the lands of Waterstown. The titles of the respondent to these lands stood in the same situation, as his titles to the lands of Gaskinhall. No cases have been found on the present appeal. That the questions were the same in this and the last appeal, appears from the report of the English Judges on the point of jurisdiction in the Court of Session, (Journal, 11 March 1719-20,) which they left undecided.

Citations:

[1721] UKHL Robertson – 345

Links:

Bailii

Jurisdiction:

Scotland

Crime

Updated: 13 September 2022; Ref: scu.553665

James Craig of Edinburgh v Messrs Douglas, Heron, and Co: HL 17 Dec 1781

Sale – Copartnery – Liability.- Circumstances in which a sale of stock, completed and carried through by one body of directors and not the whole, was held to liberate the partner, who sold his stock to the Company, from all liability as a partner, though by the rules of the Company, the transfer behoved to be submitted to the whole three bodies of directors, and though the Company was insolvent at the time.

Citations:

[1781] UKHL 2 – Paton – 575, (1781) 2 Paton 575

Links:

Bailii

Jurisdiction:

Scotland

Company

Updated: 13 September 2022; Ref: scu.562113

Magistrates and Town Council of The City of Glasgow v Messrs Murdoch, Warren, and Co: HL 9 Jul 1783

Paton Statute – Impost Duty – Evasion.- The Magistrates of Glasgow are, by statute, entitled to a duty upon all ales and beer brought into Glasgow, from all the breweries in and about Glasgow, for consumption. Sometime after the passing of the act, parties erected a brewery in Anderston, which they conceived beyond the bounds of the act. The Magistrates, however, insisted on payment of their duty; Thereafter the brewers resorted to an agreement with Monro in Glasgow, to buy all their ales on the brewery. By this means he was the medium of still supplying the former customers of the brewers. Held this an evasion of the act, and that the brewers were still liable.

Citations:

[1783] UKHL 2 – Paton – 615, (1783) 2 Paton 615

Links:

Bailii

Jurisdiction:

Scotland

Customs and Excise

Updated: 13 September 2022; Ref: scu.562104

Laurence, William, Charles, Margaret, Charlotte, Thomas, Frances-Laura, George and Robert Dundases, Children of The Marriage Betwixt Sir Thomas Dundas of Kerse, Bart, and Lady Charlotte Fitzwilliam, His Wife v Sir Thomas Dundas of Kerse, Bart: HL 21 Jul 1783

Paton Revocation – Entail.- An entailer had reserved to himself power to alter and revoke the entail executed by him. He thereafter executed a will conveying the fee of his whole real estate in England and Scotland, according to the English form, and revoking all ‘former and other wills.’ Held that this latter deed was not effectual as a revocation of the entail.

Citations:

[1783] UKHL 2 – Paton – 618, (1783) 2 Paton 618

Links:

Bailii

Jurisdiction:

Scotland

Land

Updated: 13 September 2022; Ref: scu.562103

The Commissioners and Trustees of The Forfeited Estates v Sir George Stewart of Balcasky, Bart: HL 20 Jan 1721

Fiar – Forfeiture for Treason. –
A crown vassal in 1707 sells and dispones his estate to an onerous purchaser, with procuratory of resignation, and other usual clauses, and the price is paid: the crown vassal in 1715 is attainted for treason, and the purchaser, who had not completed his title by infeftment, makes resignation, and takes sasine on a charter from the crown: The estate was not forfeited by the attainder of the seller.

Citations:

[1721] UKHL Robertson – 342

Links:

Bailii

Jurisdiction:

Scotland

Crime

Updated: 13 September 2022; Ref: scu.553664

Lord MacDonald v Norman M’Leod, Esq: HL 2 Feb 1781

Right of Property – Possession – Part and Pertinent – Accession.- Certain rocks or islands on the coast lay between the estates of two parties. In neither of their rights or titles were there any express mention of those islands or rocks in dispute, but both claimed them, as part and pertinent of their estates, by virtue of possession exercised in pasturing sheep and currying off kelp. The island was nearer to the appellant’s estate than the respondent’s, and he contended that it must have formed a part, at one time, of his land, by accession thereto: Held the proof of long possession on the part of the respondent, of said rocks or islands as part and pertinent of his estate, by pasturing sheep, and carrying off the kelp, and every other act of ownership of which they were capable, gave him the right of property to the same.

Citations:

[1781] UKHL 2 – Paton – 583, (1781) 2 Paton 583

Links:

Bailii

Jurisdiction:

Scotland

Land

Updated: 13 September 2022; Ref: scu.562110

Ex Parte The Commssioners and Trustees of The Forfeited Estates v George Ogilvie of Lunan, and Mr John Ogilvie of Balbegno, Advocate: HL 14 Dec 1720

Forfeiture for Treason. – Kirk Patrimony – This act for the encouragement of vassals continuing loyal, gave them a right to hold their lands. andc. of the Crown, in the same manner as they were held by the superior forfeited for treason: but vassals in church-lands, who had not claimed the benefit of the acts 1633 and 1661, annexing the superiorities of church-lands to the Crown, and had paid their feuduties to a subject superior, without receiving any new investiture from him, were not on his attainder entitled to the benefit of the said act, 1 G. 1. c. 20., but found to have right to hold of the Crown on payment of the same feuduties, andc. as paid to the forfeiting person.

Citations:

[1720] UKHL Robertson – 331, (1720) Robertson 331

Links:

Bailii

Jurisdiction:

Scotland

Crime

Updated: 13 September 2022; Ref: scu.553654

Ex Parte The Commissoners and Trustees of The Forfeited Estates v Sir James Mackenzie of Royston, One of The Senators of The College of Justice: HL 19 Dec 1720

Forfeiture for Treason. – Recognition to a loyal Superior – An act of parliament having enacted, that the lands of those guilty of high treason, held of subject superiors, should recognosce and return into the hands of the subject superior who continued loyal; John Grant, an attainted person, held his lands of Alexander Mackenzie as his immediate superior: this Alexander was also attainted, and he held of Lord Roystoun as his superior, Lord Roystoun holding of the Crown: by the attainder of Grant, Lord Roystoun was not entitled to the property of Grant’s estate, but the same was forfeited to the Crown.

Citations:

[1720] UKHL Robertson – 335, (1720) Robertson 335

Links:

Bailii

Jurisdiction:

Scotland

Crime

Updated: 13 September 2022; Ref: scu.553653

The Commissioners and Trustees of The Forfeited Estates v Sir James Macdonald of Slate, Bart: HL 11 Jun 1720

Forfeiture for Treason – An act of parliament, passed on the 7th of May 1716, enacts that the persons therein mentioned, should, under tain of attainder, surrender themselves to a justice of the peace by a day certain. A person, who had surrendered by letter to the commander in chief, before the passing of the act, and was directed to proceed to a place appointed, but who, it was alleged, was prevented by indisposition; and who never surrendered to a justice in terms of the act, was nevertheless attainted of creation.
Proof – The Court having allowed a party to repeat a proof led in the same matter at issue, but in a cause at the instance of another party, in which his present opponents ‘ did compear,’ the judgment is reversed.

Citations:

[1720] UKHL Robertson – 307, (1720) Robertson 307

Links:

Bailii

Jurisdiction:

Scotland

Crime

Updated: 13 September 2022; Ref: scu.553648

Mr X and Dunbritton Housing Association Ltd: SIC 6 Jul 2015

SIC Transfer of The Brown Street Complex, Haldane By West Dunbartonshire Council – On 21 July 2013, Mr X asked Dunbritton Housing Association Ltd (Dunbritton) for information relating to the transfer of shops and flats in Brown Street, Haldane by West Dunbartonshire Council. Dunbritton informed Mr X that it was not covered by the EIRs and refused to respond to his subsequent requirement for review. On 2 June 2014, the Commissioner issued Decision 118/2014 finding that Dunbritton is a Scottish public authority for the purposes of the EIRs and requiring it to carry out a review. Dunbritton carried out the review and informed Mr X of the outcome on 14 July 2014. Dunbritton disclosed information to Mr X, but withheld some on the basis that it was excepted from disclosure under the EIRs.
On 21 December 2014, Mr X made a further application to the Commissioner. During her investigation Dunbritton argued that it was not a Scottish public authority for the purposes of the EIRs.
The Commissioner found that:
(i) Dunbritton is a Scottish public authority for the purposes of the EIRs (as she had previously found in Decision 118/2014) and
(ii) Dunbritton had responded to Mr X’s request for information in accordance with the EIRs.

Citations:

[2015] ScotIC 099 – 2015

Links:

Bailii

Jurisdiction:

Scotland

Information

Updated: 13 September 2022; Ref: scu.550881

Rainey v Greater Glasgow Health Board: HL 27 Nov 1986

The House considered the scope of the ‘genuine material factor’ defence in section 1(3) of the Act where prima facie indirect discrimination exists and objective justification needs to be established.
Held: The House adopted the approach of the European Court in Bilka. Lord Keith confirmed that there was no difference between European and domestic law on this matter. Any justification of unequal payments between sexes must be ‘genuinely due to a material factor’ defence pursuant to section 1(3). The reference to ‘necessary’ means ‘reasonably necessary’.

Judges:

Lord Keith of Kinkel, Lord Brandon of Oakbrook, Lord Griffiths, Lord Mackay of Clashfern, Lord Goff of Chieveley

Citations:

[1987] 1 AC 224, 1987 SLT 146, [1987] 2 CMLR 11, [1986] 3 WLR 1017, [1987] ICR 129, [1987] IRLR 26, [1987] 1 All ER 65, 1987 SC (HL) 1, [1987] UKHL 16, [1986] UKHL 8

Links:

Bailii, Bailii

Statutes:

Equal Pay Act 1970 1(3)

Jurisdiction:

Scotland

Cited by:

Cited – Blackburn and Another v West Midlands Police CA 6-Nov-2008
The claimants, female police officers, complained that male officers had received priority payments where they had received none. The defendant said that the payments were justified in achieving a proper aim, namely the encouragement of night . .
Cited – O’Hanlon v Revenue and Customs CA 30-Mar-2007
The claimant suffered depression, and complained that the respondent’s reduction in her pay after long periods of sickness was discriminatory. She appealed decisions that it was not. She said that a reasonable adjustment would have been to continue . .
Cited – Rolls Royce Plc v Unite the Union QBD 17-Oct-2008
The company had entered into collective agreements with the union governing criteria and procedures for redundancy selection. The company said that the criteria were not compliant with the age discrimination regulations.
Held: The union was . .
Lists of cited by and citing cases may be incomplete.

Discrimination

Updated: 13 September 2022; Ref: scu.277624

Jude and Others v Her Majesty’s Advocate: HCJ 11 May 2011

Judges:

Lord Justice Clerkm Lord Osborne, Lord Eassie, Lord Clarke, Lord Mackay of Drumadoon

Citations:

[2011] ScotHC HCJAC – 46, 2011 SLT 722

Links:

Bailii

Cited by:

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 . .
Appeal from – 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 . .
Lists of cited by and citing cases may be incomplete.

Scotland, Crime

Updated: 12 September 2022; Ref: scu.439700

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 proceedings in that other jurisdiction, such proceedings will not, for the purposes of Scots law, discharge a debt where the proper law of the contract is not the law of the jurisdiction in which the proceedings are taking place.

Judges:

Lord Reid, Lord Denning

Citations:

[1961] AC 255

Jurisdiction:

England and Wales

Citing:

Approved – Antony Gibbs and Sons v La Societe Industrielle et Commerciale des Metaux CA 1-Jul-1890
The defendant had agreed to buy copper to be delivered in England by the plaintiff. The defendant refused to accept the copper and so was liable in damages to the plaintiff. The defendant, a French company, was placed in judicial liquidation in . .

Cited by:

Cited – OT Africa Line Ltd v Magic Sportswear Corporation and others CA 13-Jun-2005
The parties to a contract had agreed that the proper law for the contract was England. One party commenced proceedings in Canada, and the courts of Canada had accepted jurisdiction as the most appropriate and convenient forum to resolve the dispute. . .
Cited – 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 – 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 . .
Cited – 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 . .
Cited – Global Distressed Alpha Fund 1 Ltd Partnership v Pt Bakrie Investindo ComC 17-Feb-2011
Action on an instrument of guarantee.
Held: judgment for the Claimant in respect of the principal sum of US$2m. and such interest payments as were due. . .
Lists of cited by and citing cases may be incomplete.

Jurisdiction, Contract, Scotland

Updated: 11 September 2022; Ref: scu.228195

Carse v Coppen: IHCS 8 Dec 1950

The court considered the inability to create a floating charge over a company’s assets in Scots law. It was conceded that a company registered in Scotland could not create a valid and effectual floating charge over its assets in Scotland, but it was contended that it had done so over its assets in England. This argument was rejected. Lord President Cooper said that a floating charge was utterly repugnant to the principles of Scots law, which did not recognise it as creating a security at all. The reforms in the law which had been effected because of the many criticisms that had been directed against the injustices capable of being inflicted on the trade creditors by the use of floating charges had been expressly confined to companies registered in England. It was unthinkable that this could have been done except upon the view that companies registered in Scotland and subject to Scots law could not create floating charges.

Judges:

Lord President Cooper

Citations:

1951 SC 233, [1950] ScotCS CSIH – 5

Links:

Bailii

Jurisdiction:

Scotland

Cited by:

Cited – National Westminster Bank plc v Spectrum Plus Limited and others HL 30-Jun-2005
Former HL decision in Siebe Gorman overruled
The company had become insolvent. The bank had a debenture and claimed that its charge over the book debts had become a fixed charge. The preferential creditors said that the charge was a floating charge and that they took priority.
Held: The . .
Cited – Sharp and Others v Woolwich Building Society HL 6-Feb-1997
The House was asked: what is meant by the word property in a floating charge and in section 53(7) of the 1986 Act which provides for the effect of the appointment of a receiver by the holder of such a charge in the following terms: ‘(7) On the . .
Lists of cited by and citing cases may be incomplete.

Banking

Updated: 11 September 2022; Ref: scu.228297

Lightbody (Or Jacques) v Jacques: HL 28 Nov 1996

On an applicatin for ancillary relief on divorce, the sherriff thought that the spouses could share equally in the increase in the value of the matrimonial property after the date when they separated. That could not be done under the rules laid down by the statute. So he refrained from making any order for a financial provision.
Held: The special circumstances upon which a party sought to rely to justify modifying the route a court would otherwise take, must themselves be directly relevant to justify the unequal division of property. The sheriff had been entitled to give effect to the principle of equal division in a way that had not been contemplated by the statute.

Citations:

Times 06-Dec-1996, [1996] UKHL 2, [1997] Fam Law 395, 1997 SC (HL) 20, [1997] 1 FLR 748

Links:

House of Lords, Bailii

Statutes:

Family Law (Scotland) Act 1985 9(1)(a) 10

Jurisdiction:

Scotland

Cited by:

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.

Family

Updated: 11 September 2022; Ref: scu.135034

James Farquhar of Gilmillscroft v The Right Hon Hugh Earl of Loudoun: HL 5 Jun 1720

Kirk Patrimony – In 1631, certain vassals in church lands advanced money to the Crown, to assist in redeeming a wadset granted to the Earl of Loudoun, the lord of erection, upon condition that they should hold of the Crown as superior, and have certain other privileges: in 1633, the superiorities of all church lands were gratuitously annexed to the Crown; and about same time vassals who should advance money for redeeming their feu duties were allowed by his majesty to treat with the treasury for that purpose, and to retain their feu duties in proportion to the sums advanced. In a question between the wadsetter and the vassals, who advanced money in 1631, it is found that they were not allowed to retain their feu duties, though they had paid money for privileges, the greatest part of which had been granted to other vassals gratuitously.

Citations:

[1720] UKHL Robertson – 303, (1720) Robertson 303

Links:

Bailii

Jurisdiction:

Scotland

Land

Updated: 11 September 2022; Ref: scu.553649

Special Case Hill: SCS 21 Dec 1872

A testator bequeathed the interest of pounds 6000 to his brother a until the youngest son of another brother should attain majority. A died, and was survived by a widow and an only son b, who died in pupilarity. Held, in a question between (1) b’s heir-at-law and executor-dative, and (2) his mother, that the accruing interest was part of the moveable estate of b, and that his mother was entitled to one-third of the interest.

Citations:

[1872] SLR 10 – 164

Links:

Bailii

Jurisdiction:

Scotland

Wills and Probate

Updated: 09 September 2022; Ref: scu.576399

Dame Robina Pollock or Crawford v Mary Lockhart, Relict of John Lockhart of Lee: HL 10 Mar 1779

Where an English trust was created of estate in England, vested in English trustees in the English form; but for the benefit of parties natives of Scotland; and the trust fund having not been put to the uses mentioned; but transferred by the trustee to the first party beneficially called to succeed. Forty years after the present action was raised by the Scotch party, deprived of the benefit. Held, in the Court of Session, that the Scotch law of negative prescription, and not the English law, fell to be applied, and that the right of the parties favoured by the trust was cut off by the negative prescription.

Citations:

[1779] UKHL 2 – Paton – 495

Links:

Bailii

Jurisdiction:

England and Wales

Trusts

Updated: 08 September 2022; Ref: scu.562032

Alexander Gray, WS v Messrs Douglas, Heron, and Co, Late Bankers In Ayr, and George Home, Esq, Factor for The Partners of The Said Company: HL 10 Feb 1779

The appellant was an original partner of Douglas, Heron, and Co. He was of the committee named by the subscribers for regulating their plan of operations, and was present, either personally, or by proxy, at seven of the nine general meetings of the partners, which were held during the subsistence of the Company, as a banking society. He was, therefore, it was stated, in the full knowledge of the Company’s transactions. The Company having become insolvent in June 1772, the question for determination was, Whether the appellant, in these circumstances, could decline paying his share, along with the other partners, of the money which it was necessary for each partner to contribute, in order to pay the debts of the Company?
The appellant had only paid up pounds 200 of his subscribed capital of pounds 500; and the present action was raised against him for the pounds 300, and for an additional call of pounds 200 to pay off the debts.
Held the appellant liable to contribute his proportional share of the debt owing by the Company, he being a partner of the Company.

Citations:

[1779] UKHL 6 – Paton – 800

Links:

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Jurisdiction:

Scotland

Company

Updated: 08 September 2022; Ref: scu.562031

Rev Mr Thomas Tait v Mr George Skene Keith, Minister, and Others: HL 30 Mar 1778

Patron – Competing Presentations – Mandant’s Powers – Implied Recal.-
Where a patron, residing in a foreign country, had appointed commissioners, with powers to present to vacant churches, the latter presented a party a day before the patron himself presented another party: Held, the presentation by the commissioners, in virtue of the powers delegated to them, was good, and to be preferred to the patron’s own presentation, and that the right of patronage may be exercised by delegates so appointed.

Citations:

[1778] UKHL 2 – Paton – 447

Links:

Bailii

Jurisdiction:

Scotland

Ecclesiastical

Updated: 08 September 2022; Ref: scu.562021

John Alston, Alexander Elliot, William Colquhoun, and Others v Messrs Colin Campbell and Co, Merchants In Greenock, and John M’Allister: HL 3 Mar 1779

A party sold a vessel to his creditor, under a vendition ex facie absolute, but, as shewn by the correspondence, was intended as a security for his debt. He thereafter insured the vessel. Held, on her loss, that he had still an insurable interest,-the sale being merely in security.

Citations:

[1779] UKHL 2 – Paton – 492

Links:

Bailii

Jurisdiction:

Scotland

Transport

Updated: 08 September 2022; Ref: scu.562033

James Lawson, Merchant, Glasgow v John Tait, W S, Trustee for The Creditors and Representatives of John Hamilton, Deceased: HL 28 Apr 1779

Circumstances in which letters and other documents held not to prove that certain bills were granted merely as agent for a third party, and only to vouch the extent of the creditor’s advances to that party until a certain share in his trade in Virginia was given to him; notwithstanding it was admitted that the money so received, and for which the bills were given, was appropriated for that third party’s use, and he had agreed to give the creditor in the bills the share in the concern he desired.

Citations:

[1779] UKHL 2 – Paton – 505

Links:

Bailii

Jurisdiction:

Scotland

Agency, Contract

Updated: 08 September 2022; Ref: scu.562038

George Haldane, Esq of Gleneagles v George Late Earl Marischall: HL 26 Mar 1778

An appeal to the House of Lords is incompetent, from a sentence of the Court of Exchequer acting ministerially as a Board of Treasury, under the special directions of an Act of Parliament.

Citations:

[1778] UKHL 2 – Paton – 443

Links:

Bailii

Jurisdiction:

Scotland

Jurisdiction

Updated: 08 September 2022; Ref: scu.562020