swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.
Scotland - From: 1993 To: 1993
This page lists 30 cases, and was prepared on 20 May 2019.
Normand v Lucas 1993 GWD 15-975
1993
Scotland, Animals, Crime
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 unexpectedly bit her face. Her husband left the scene to summon help from a relative, along with an ambulance. Other individuals appeared on the scene and at the stage when the injured lady was being put into the ambulance the dog bit someone else. Held: The Court noted that while there may not have been evidence from which the sheriff could have inferred that the dog was dangerously out of control when it bit the first lady by the stage of the subsequent bite "there was material upon which the sheriff could have inferred that there were grounds for reasonable apprehension that the dog would injure someone".
1 Citers
Tahir v Tahir (1993) SLT 194
1993
SCS
Lord Sutherland
Scotland, International, Family
The court was asked as to the recognition of a divorce decree from Pakistam. Held: Lord Sutherland observed: "What I have to look at is the decree which was pronounced in Pakistan. It would be contrary to public policy to recognise it, according to Choudhary, if both the motive and the effect were to deprive the pursuer of her rights in Scotland. That however is not the position because her rights are preserved under section 28 of the 1984 Act. There can therefore, in my view, be no public policy objection to written recognition of this divorce based on deprivation of the pursuer's financial rights. As I understood the submission made to me, it was only on the basis that she would be deprived of such rights that it was argued that there was a public policy objection to recognition."
A Links and Co Ltd v Rose [1993] SLT 664
1993
Scotland, Employment, Discrimination
1 Citers
Carr v British International Helicopter [1994] ICR 18; [1993] BCC 855; [1994] 2 BCLC 474
1993
EAT
Lord Coulsfield
Employment, Insolvency, Scotland
An employee claimed re-instatement following alleged unfair selection for redundancy by an administrator. Held. The effect of the 1986 Act was not that proceedings brought against a company in administration without consent or the permission of the court were a nullity, but only that they were liable to be stayed as other proceedings in section 11(3)(d). Lord Coulsfield said: "It seems to us that there is no way of construing section 11 so as to exclude from its scope claims under the employment protection legislation."
Trade Union and Labour Relations (Consolidation) Act 1992 188 - Insolvency Act 1986 11(3)(d)
1 Citers
Steel Stockholders (Birmingham) Ltd v Kirkwood [1993] IRLR 515
1993
EAT
Lord Coulsfield
Employment, Scotland
The tribunal considered the use of the word "procedural" in the Polkey, and doubted whether Lord Bridge could have meant to classify matters such as the choice of a pool for redundancy, or the adoption of criteria for selection as procedural as opposed to substantive: "In any given case, therefore, it is necessary to consider whether the unfairness can properly be classified as procedural or substantive."
1 Cites
1 Citers
McWhinney v British Coal Corporation 1993 SLT 467
1993
Personal Injury, Damages, Scotland
A 41 year old man claimed that as a result of an accident, he was able to walk only 50 yards at a time and that with the assistance of a stick, and who was described as being for all practical purposes unlikely to ever work again.
1 Citers
Stobo v HM Advocate 1993 SCCR 1105
1993
HCJ
Crime, Scotland, Criminal Evidence
1 Citers
Bemner v Westwater (1993) 1994 SLT 707
1993
HCJ
Lord Hope
Scotland, Road Traffic
A police officer was driving in the opposite direction to the accused. He came round a bend in the road to face two vehicles, one was driven by the accused overtaking the other vehicle. He was in the police officer's path. The officer braked, skidded and mounted the nearside verge, thus avoiding a head on collision. The sheriff had held that an accident had occurred owing to the presence of the accused's vehicle on the road and that the requirements of s2(1) of the 1988 Act had been met. Held: The appeal failed. The Lord Justice General said that the word 'accident' was to be given a commonsense meaning. It was not restricted to untoward or unintended consequences having an adverse physical effect.
Road Traffic Act 1988 2(1)
1 Citers
Devine v Designer Flowers Wholesale Florist Sundries Ltd; EAT 1993 - [1993] IRLR 517
Gillick v BP Chemicals [1993] IRLR 437
1993
EAT
Lord Coulsfield
Employment, Discrimination, Scotland
Ms Gillick had made an application based on sex discrimination in the first place against an agency which had contracted out her services to various divisions of BP Chemicals Ltd. The Respondents were the Company which had done that and in their Notice of Appearance they disputed that there had been an employment relationship between themselves and Ms Gillick. They said "you were employed by BP". She then applied to be allowed to add the defendant as a party. The defendant said that she was now well out of time, and Mrs Gillick now appealed an order to that effect. Held. BP was to be added as a party. Whether or not to do so was a matter for the discretion of the tribunal. There was no time limit as such which applied to the addition of new or substituted parties. The Industrial Tribunal should treat an application to amend the complaint by the addition of a new respondent as a question of discretion, having regard to all the circumstances, not as one to be settled by the application of the rules of time-bar.
Lord Coulsfield said: "The presence of absence of a connection between the respondents may well be relevant in considering whether or not a genuine mistake has been made , and whether the Industrial Tribunal should exercise its discretion to allow the mistake to be corrected, but such considerations are relevant, if at all, as matters to be taken into account in exercising the discretion, rather than as limitations on the circumstances in which the discretion can be exercised." As to the case of Cocking: "We do not . . think that the Cocking approach is necessarily limited to cases in which the original and the new respondents are related as principal and subsidiary, or in some similar way. The presence or absence of a connection between the respondents may well be relevant in considering whether or not a genuine mistake has been made, and whether the industrial tribunal should exercise its discretion to allow the mistake to be corrected, but such considerations are relevant, if at all, as matters to be taken into account in exercising a discretion, rather than as limitations on the circumstances in which the discretion can be exercised."
Employment Protection (Consolidation) Act 1978 67(2) - Sex Discrimination Act 1975 76(1) - Industrial Tribunals (Rules of Procedure) (Scotland) Regulations 1985 (1985 no 17) 1 2 10 13(1) 14
1 Cites
1 Citers
McAllister v General Medical Council Gazette, 03 February 1993; [1993] AC 388
3 Feb 1993
PC
Health Professions, Scotland
English law had been correctly applied in GMC disciplinary proceedings even though they were heard in Scotland.
1 Citers
Mccoll v Mccoll [1993] ScotCS CSIH - 1
5 Feb 1993
SCS
Scotland
[ Bailii ]
Melrose v Davidson and Robertson [1993] ScotCS CSIH - 2
5 Feb 1993
SCS
Scotland
[ Bailii ]
Clydesdale Bank Plc v Davidson [1993] ScotCS CSIH - 3
12 Feb 1993
SCS
Scotland
[ Bailii ]
H.M. Advocate v Harris [1993] ScotHC HCJ - 1
18 Mar 1993
HCJ
Scotland, Crime
[ Bailii ]
Hamilton v Fife Health Board [1993] ScotCS CSIH - 4
24 Mar 1993
SCS
Scotland
[ Bailii ]
Connelly v Simpson [1993] ScotCS CSIH - 5
26 Mar 1993
SCS
Scotland
[ Bailii ]
Fraser v Mirza; HL 29-Mar-1993 - Ind Summary, 29 March 1993; [1993] SC (HL) 27; [1993] UKHL 14; 1993 SLT 527
Hogg v Campbell 1993 GWD 27-1712; Unreported, 2 April 1993
2 Apr 1993
Lord Clyde
Scotland, Land
The proposition that the dominant proprietors are the only persons interested in an easement cannot be taken too strictly. The right extends to the proprietors' guests, visitors, employees and others who come there for the purposes to which the land is being put. But that use must be within the intended scope of the servitude and it must not impose an undue burden on the servient tenement.
1 Citers
Lloyds Bank v Bamberger [1993] ScotCS CSIH - 6
7 Jul 1993
SCS
Scotland
[ Bailii ]
Finance Ltd v Bank of Scotland [1993] ScotCS CSIH - 7
14 Jul 1993
SCS
Scotland
[ Bailii ]
Cumbernauld and Kilsyth District Council v Dollar Land (Cumbernauld) Ltd; HL 22-Jul-1993 - 1993 SLT 1318; [1993] UKHL 15; [1993] EG 146 (CS); 1993 SC (HL) 44; 1993 SCLR 798
Cameron v Secretary of State for Scotland Times, 05 August 1993
5 Aug 1993
IHCS
Planning, Scotland
(Scotland) A decision was not ultra vires when a planning circular was used as a reference.
Wallis v Wallis; HL 5-Aug-1993 - Times, 05 August 1993; 1993 SC (HL) 49; [1993] UKHL 16; [1993] EG 148 (CS); 1993 SLT 1348; 1993 SCLR 800
Naik v University of Stirling; OHCS 5-Aug-1993 - Times, 05 August 1993
Morrison v Panic Link [1993] ScotCS CSIH - 8
19 Aug 1993
SCS
Scotland
[ Bailii ]
Windsor (Stephen John), Petitioner [1993] ScotHC HCJ - 2
7 Dec 1993
HCJ
Scotland, Crime
[ Bailii ]
Kamperman v Maciver [1993] ScotCS CSIH - 9
17 Dec 1993
SCS
Scotland
[ Bailii ]
Sutherland (James William) v Hma [1993] ScotHC HCJ - 3
17 Dec 1993
HCJ
Scotland, Crime
[ Bailii ]
Short's Trustee v Keeper of the Registers of Scotland Times, 30 December 1993
30 Dec 1993
IHCS
Insolvency, Registered Land, Scotland
Trustee may not register decree but can seek to have register amended.
1 Citers