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: 1996 To: 1996
This page lists 25 cases, and was prepared on 20 May 2019.
Hay v George Hanson; 1996 - [1996] IRLR 427
Bravado Merchandising Services Ltd v Mainstream Publishing (Edinburgh) Ltd [1996] FSR 205
1996
SCS
Lord McCluskey
Intellectual Property, Scotland
The petitioner was the proprietor of the trade mark Wet Wet Wet (the name of a popular music group). It was registered for (among other classes of goods) books. The defendant intended to publish a book about the group using "Wet Wet Wet" as part of the title. Held: Distinguishing Mothercare, that that would be a trade mark use, but that it would nevertheless be within section 11(2)(b) (as amounting to an indication of the characteristics of the goods to which the mark was applied) and so would not amount to an infringement.
Trade Marks Act 1994 11(2)(b)
1 Cites
Graham v David A Hall Ltd 1996 SLT 596
1996
Scotland, Personal Injury
The pursuer's symptoms, other than some initial bruising to her back resulting from her fall, were caused not by the accident but by the defenders' treatment of her afterwards including their refusal to acknowledge liability for it and to give her light work.
1 Citers
Girvan v Inverness Farmers Dairy and Another 1996 SC 135
1996
IHCS
Lord McCluskey
Scotland, Damages
The claimant sought damages. One of the heads of claim that were not in dispute was that the pursuer's injuries had made it impossible for him to continue as a dedicated clay pigeon shot and had as a result lost the very real prospect of winning substantial cash prizes and other valuable trophies and prizes.
1 Citers
Sutherland v Royal Bank of Scotland 1996 GWD6-920
1996
Scotland, Banking
1 Citers
Beta Computers (Europe) Ltd v Adobe Systems (Europe) Ltd [1996] FSR 367; 1996 SLT 604; [1996] CLC 821
1996
SCS
Contract, Scotland
Outer House - A 'shrink-wrap' licence can be valid where the purchaser has opportunity to read it first and a right of return.
Bruce v Ben Odeco Limited 1996 SC389
1996
IHCS
Scotland, Health and Safety
A mechanic on a drilling rig slipped because of grease on the floor. Held. This was a transient condition which was not the result of a lack of maintenance of the structure of the floor itself.
Lord Clyde said: "Within the context of regulation 5 it seems to me that the obligation of maintenance does not extend to the preventing of danger caused by material which has at some unknown time been deposited on a floor and which does not form part of the floor. In my view that risk is adequately covered by regulation 14, on which the pursuer also founds and the relevance of which is not in dispute. It is accepted that the obligation under regulation 5 for the purpose of a civil claim is absolute and it seems to me unlikely that the intention could have been that an absolute civil liability should arise as soon as anything landed on a floor or walkway of the installation causing the surface to be slippery and dangerous. Regulation 14 on the other hand is qualified by considerations of reasonable practicability and provides a sufficient protection for those on the installation against risks of the general kind alleged in the present case. Furthermore even although the criminal liability is not absolute by reason of regulation 34(4), the consideration that a breach of regulation 5 can have penal consequences provides further ground for limiting its scope."
Offshore Installations (Operational Safety, Health and Welfare) Regulations 1976 5(1)
1 Citers
Kirk Care Housing Association Ltd v Crerar and Partners 1996 SLT 150
1996
SCS
Lord Clyde
Scotland, Limitation
Outer House - Lord Clyde reiterated his view, rejecting a challenge by counsel for the defenders, that section 11(3) was concerned only with awareness of loss, a matter of fact, and not with matters of legal liability.
Prescription and Limitation (Scotland) Act 1973
1 Citers
Unipac (Scotland) Ltd v Aegon Insurance Co (UK) Ltd; SCS 1996 - 1996 SLT 1197
Kennedy v Glenbelle [1996] ScotCS CSIH - 5
12 Jan 1996
SCS
Scotland
[ Bailii ]
Retail Park Investments Ltd v Royal Bank of Scotland Plc (No 2) [1996] ScotCS CSIH - 1
8 Mar 1996
SCS
Scotland
[ Bailii ]
Law Hospital NHS Trust v Lord Advocate [1996] ScotCS CSIH - 2
22 Mar 1996
SCS
Scotland
[ Bailii ]
Retail Parks Investment Ltd v Royal Bank of Scotland Plc (Scotland) Times, 22 April 1996
22 Apr 1996
IHCS
Landlord and Tenant, Scotland
Bank forced to comply with keep open clause - cash dispensers insufficient
1 Cites
Law Hospital NHS Trust v Lord Advocate and Another Times, 20 May 1996; 1996 SC 301
20 May 1996
IHCS
The Lord President, Lord Hope
Health, Scotland
The patient suffered from irreversible damage to the cerebral cortex and fell into a persistent vegetative state in 1992. Permanently insensate, she remained alive only because feeding and hydration were provided to her artificially and because of the nursing care she received in a hospital. Medical experts said her case was useless and that there were no useful avenues of treatment to explore. The patient was unable to consent to treatment ceasing and her family agreed with the experts that the treatment should stop. The hospital raised an action, concluding for declarator that the proposed course of terminating nutrition and hydration and all other life sustaining treatment to the patient would not be unlawful. Held: Treatment of an insensate patient may be withdrawn where it was not in the patient's interests. Lord Hope: "It may be helpful if I were to describe at the outset what I consider to be the function of the Court in a case of this kind. It belongs to a group of cases which have been recurring with increasing frequency in recent years where the courts are being asked to give their authority to actions to be taken by medical practitioners which raise acute questions of moral or ethical principle. Medical science has now advanced to such a degree that many techniques are now possible which only a generation ago would have been unthinkable. The ability to prolong life by artificial means has reached such a stage that it is possible to nourish the body and preserve it from disease so that life in the clinical sense may be continued indefinitely. Invasive techniques such as those of sterilisation are also possible without the slightest risk of any other physical injury than that which is to be inflicted deliberately. Where the patient is of full age and capable of understanding and consenting to the procedures which on medical advice are for his or her benefit, or decides to refuse medical treatment, the right of self determination provides the solution to all problems, at least so far as the court is concerned. It is not in doubt that a medical practitioner who acts or omits to act with the consent of his patient requires no sanction or other authority from the court. The patient's consent renders lawful that which would otherwise be unlawful. It is not for the court to substitute its own views as to what may or may not be in the patient's best interests for the decision of the patient, if of full age and capacity."
1 Citers
Signet Group Plc v C and J Clark Retail Properties Ltd [1996] ScotCS CSIH - 3
14 Jun 1996
SCS
Scotland
[ Bailii ]
Calleja v Calleja [1996] ScotCS CSIH - 4
26 Jun 1996
SCS
Scotland
[ Bailii ]
Brixey v Lynas 1996 SLT 908; 1996 SC (HL) 1; [1996] UKHL 17
2 Jul 1996
HL
Scotland, Children
Delay after a hearing will increase the reluctance of an appellate court to interfere with the decision of a court on the evidence.
1 Cites
1 Citers
[ Bailii ]
Slater v Finning Ltd [1996] UKHL 59; 1996 SLT 912; 1997 SC (HL) 8; [1997] AC 473; [1996] CLC 1236; [1996] 2 Lloyd's Rep 353; 1996 SCLR 863; [1996] 3 All ER 398; [1996] 3 WLR 190; (1996) 15 Tr LR 458
4 Jul 1996
HL
Lord Keith of Kinkel, Lord Griffiths, Lord Jauncey of Tullichettle, Lord Slynn of Hadley and Lord Steyn
Scotland, Contract
Sale of Goods Act 1979 14(3)
[ Bailii ]
T Petitioner Times, 20 August 1996; 1997 SLT 724
20 Aug 1996
OHCS
Adoption, Scotland
A homosexual sought an adoption order. He intended to raise the child with his male partner. The relationship was readily described as constituting a family. But as for an heterosexual couple the existence of children was not a necessary factor for entitling the couple to qualify as a family. The couple would qualify by themselves, just as they would continue to do after the adopted child had grown up and started an independent life. There was no principle against an adoption by a male homosexual to be brought up by a male couple.
Adoption (Scotland) Act 1978
1 Citers
Mercedes Benz Finance Ltd v Clydesdale Times, 16 September 1996; 1996 SCLR 1005
16 Sep 1996
OHCS
Lord Penrose
Banking, Scotland
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 direct debit mandate was a mandate in rem suam, and was not dependant upon a credit balance to be maintained. Held: The respective rights as between a banker and his customer are not affected by direct debit instructions. The instruction to pay remained that of the account holder. The creditor was in the same position as was the payee on a cheque, namely that it was a prerequisitie of an assignative effect that the account should crry sufficient funds. Though there were no relevant averments of trust or of a fiduciary relationship, the bank's knowledgeof the specific reason for the lodgment of the funds to meet a specific obligation might be enough to require proof to be heard on the claim for unjust enrichment.
1 Cites
Shetland Times Ltd v Dr Jonathan Wills [1996] ScotCS CSOH - 6
24 Oct 1996
SCS
Scotland
[ Bailii ]
Prentice and Another v Scottish Power Plc; OHCS 28-Oct-1996 - Times, 28 October 1996
McFarlane v Tayside Health Board Times, 11 November 1996
11 Nov 1996
OHCS
Personal Injury, Damages, Scotland
No damages are awardable for the birth of child following the failure of a vasectomy. It is against public policy to treat the birth of a child as a loss.
1 Citers
Highland Council (Formerly Ross and Cromarty District Council) v Patience and Others (Scotland); HL 14-Nov-1996 - Times, 09 January 1997; [1996] UKHL 7
Lightbody (Or Jacques) v Jacques; HL 28-Nov-1996 - Times, 06 December 1996; [1996] UKHL 2; [1997] Fam Law 395; 1997 SC (HL) 20; [1997] 1 FLR 748
