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		Scotland - From: 1998 To: 1998 This page lists 256 cases, and was prepared on 20 May 2019. King v Eaton Ltd (No 2) [1998] IRLR 686 1998 IHCS Lord Prosser Employment, Scotland Employees were made redundant. The tribunal held the dismissals to be unfair because that there had been no consultation worthy of the name with any of the employees and because it was impossible to decide whether the selection criteria had been fairly applied in the absence of evidence from those who had made the relevant markings when assessing employees for redundancy. The EAT upheld the employer's appeal on the ground that although there had been no individual consultation there had been extensive consultation with the unions. The Court of Session allowed the employees' appeals and remitted the cases to the Employment Tribunal to consider remedy. The employers then sought to lead additional evidence to show that the employees would still have been dismissed even if a fair procedure had been followed and that, accordingly, compensation should be reduced in accordance with the principle identified in Polkey. The employers request was denied, and they appealed. Held: The appeal was dismissed. Lord Prosser said: 'We are not persuaded that the various expressions of opinion to be found in previous cases are as difficult to reconcile as may be suggested, or as may have been thought when some of these opinions were expressed. If one reads the whole of the final paragraph of the opinion delivered by Lord Coulsfield in Steel Stockholders (Birmingham) Ltd, it seems to us that he appreciates that the word 'procedural' does not reflect some precisely identifiable category, far less that it represents a category which would be precisely defined in all cases without enquiry into the facts. In broad terms, it appears to us that there will be situations where one can say that what went wrong was 'merely' procedural. Equally, in broad terms, it appears to us that there will be situations where once can say that an employee has been deprived of 'something of substantive importance' to use a phrase of Lord Coulsfield's. We see no need to discard entirely terminology of this kind; and whilst in many cases it may be inappropriate to allocate the particular facts to either category, or to do so without enquiry, it seems to us that a distinction between the 'merely ' procedural, and the more genuinely 'substantive' will often be of some practical use, in considering whether it is realistic, or practicable, or indeed 'just and equitable' to embark upon an attempt to construct a hypothesis, enabling one to assess what would have happened, if only it had. If there has been a "merely" procedural lapse or omission, it may be straightforward to envisage what the course of events would have been if procedures had stayed on track. If, on the other hand, what went wrong was more fundamental, or "substantive", and seems to have gone "to the heart of the matter", it may well be difficult to envisage what track one would be on, in the hypothetical situation of the unfairness not having occurred. It seems to us that the matter will be one of impression and judgment, so that a tribunal will have to decide whether the unfair departure from what should have happened was of a kind which makes it possible to say, with more or less confidence, that the failure made no difference, or whether the failure was such that one cannot sensibly reconstruct the world as it might have been. It does not seem to us that there is anything very wrong in using the word 'substantive' in connection with this latter situation.' 1 Cites 1 Citers Leonard v Strathclyde Buses Ltd [1998] SLT 734; [1998] IRLR 693; 1999 SC 57 1998 Lord Blofeld Scotland, Employment To receive a compensatory award, a claimant must provide proof of loss. Referring to Norton Tool, Lord Blofeld said: "The approach . . has, as we understand the position, governed the attitude of tribunals to compensation ever since. It is, in our view, inconsistent with that approach to introduce principles of foreseeability or remoteness in the technical sense in which those concepts apply in other legal contexts. What an industrial tribunal is required to do, in our view, is to apply the statutory test as a whole and assess what is just and equitable having regard to the loss so far as attributable to the employer." 1 Cites 1 Citers Irving v Hiddleston 1998 SCLR 350 1998 OHCS Lord Macfadyen Scotland, Litigation Practice Courts are moving more and more to requiring parties to settle all issues in one action. 1 Citers Graham v Marshall Food Group Ltd 1998 SLT 1448 1998 OHCS Scotland, Personal Injury The pursuer sought damages after a tripping accident in which the pursuer sustained bruising of her buttock and ligamentous and muscular strain involving the lumbar and lumbo-sacral region of the spine and the left shoulder joint. The pain in her shoulder resolved after about nine months, and her lower back pain only occasionally recurred by the date of the proof, some two and half years after the accident. There was no question of any adjustment disorder or other psychological consequences. 1 Citers MacFarlane v Falfield Investments Ltd; SCS 1998 - 1998 SC 14 Nicol v Scottish Power plc; 1998 - 1998 SLT 822 Wood Group Heavy Industrial Turbines Ltd v Crossham [1998] IRLR 680 1998 EAT Lord Johnston Employment, Scotland Re-instatement may be inappropriate where an employer has lost confidence in an employee. The Employment Tribunal's order for re-engagement was set aside where the Respondent genuinely believed that the Claimant was using and dealing in drugs in the workplace and had been guilty of clocking offences. Although the dismissal was found to be unfair due to a lack of proper investigation and failure by the Respondent to follow a fair procedure, the breakdown in trust and confidence given the nature of the allegations and the employer's genuine belief in them meant that it was impractical to order re-engagement. Lord Johnston said: "We consider that the remedy of re-engagement has very limited scope and will only be practical in the rarest of cases where there is a breakdown in confidence as between the employer and the employee. Even if the way the matter is handled results in a finding of unfair dismissal, the remedy, in that context, invariably to our minds will be compensation. That general proposition applies to this particular case, even if it be the case that the witnesses asserted, as a matter of generality including fellow employees, there was no animosity likely to be exhibited towards the respondent. We cannot lose sight of the fact that in addition to his general defence of conspiracy, in one of his interviews the respondent asserted positively that a number of other people had been 'out to get him' by reason of incidents in another part of the factory. That does not seem to us to be merely a knee-jerk reaction to specific allegations. All in all, it seems to us there are sufficient factors bearing on the issue of practicability in this case, such as we have rehearsed, to render it impracticable to order re-engagement." 1 Cites 1 Citers Robinson v Messrs H C Somerville and Russell And Others 9 Jan 1998 SCS Lord MacFadyen Scotland, Commercial [ ScotC ] Donald Iain Ferguson v Calum Iain Duncan and Alexander David Millar 14 Jan 1998 SCS Lord Penrose Scotland [ ScotC ] William Grant and Sons International Limited v Marie Brizard Espana S A 19 Jan 1998 SCS Lord Hamilton Scotland [ ScotC ] Redrow Homes Ltd and others v Bett Brothers Plc and others; HL 22-Jan-1998 - Times, 26 January 1998; Gazette, 11 February 1998; [1998] 1 All ER 385; [1998] UKHL 2; [1999] AC 197; [1998] 2 WLR 198 Stewart v Secretary of State for Scotland (Scotland); HL 22-Jan-1998 - Times, 28 January 1998; [1998] UKHL 3; 1998 SC (HL) 81 Robert Barry and Co v Terence Robert Doyle and Another 23 Jan 1998 SCS Lord Macfadyen Scotland [ ScotC ] Ideal Services Scotland Limited v Premier Glass Packaging Limited 29 Jan 1998 SCS Lord Macfadyen Scotland [ ScotC ] Classic House Developments Limited v G D Lodge and Partners and others 30 Jan 1998 SCS Lord Macfadyen Scotland [ ScotC ] Specific Heat Limited v David A Hall Limited 12 Feb 1998 SCS Lord Penrose Scotland [ ScotC ] James Alexander Hewit v Neil William Williamson and others 19 Feb 1998 SCS Lord Macfadyen Scotland [ ScotC ] Clarke v Fennoscandia [1998] ScotCS CSIH - 117 20 Feb 1998 SCS Scotland [ Bailii ] Hambros Bank Limited v Lloyds Bank Plc and Oakstead Garages Limited 20 Feb 1998 SCS Lord Hamilton Scotland [ ScotC ] Charles Edwin Phillips Elizabeth Fletcher Phillips v Radnorshire District Council [1998] EWCA Civ 309 20 Feb 1998 CA Scotland [ Bailii ] North East Ice and Cold Storage Company Limited v Andrew Third 23 Feb 1998 SCS Lord Penrose Scotland [ ScotC ] Quantum Claims Compensation Specialists Ltd v Powell Times, 26 February 1998 26 Feb 1998 OHCS Scotland, Legal Professions A contingency agreement for conduct of personal injury litigation was not a pactum de quota litis and the agreement was valid and enforceable David Cowan v Jeffery Associates and others 5 Mar 1998 SCS Lord Hamilton Scotland [ ScotC ] Landcatch Ltd v The Braer Corporation and Others Times, 06 March 1998; [1998] 2 Lloyd's LR 552 6 Mar 1998 OHCS Lord Gill Environment, Scotland The pursuers reared salmon eggs to the age of two years (smolt), before then selling them on. The defenders caused an oil spill, and the area was designated as an exclusion zone preventing the pursuers continuing their trade and could not sell their smolt save at a much reduced price or not at all. Held: The liability for damages flowing from an oil spill at sea were limited. These damages were only relational economic loss occurring in the area of the spill. Merchant Shipping (Oil Pollution) Act 1971 1 Citers Scottish Power Plc v Kvaerner Construction (Regions) Limited 6 Mar 1998 SCS Lord Macfadyen Scotland [ ScotC ] Norwich Union Life Insurance Society v Tanap Investments Vk Ltd and Svenska Handelsbanken 11 Mar 1998 SCS Lord Penrose Scotland [ ScotC ] Lithgow Factoring Limited Trading As Inver Salmon v Nordvik Salmon Farms Limited 2 Apr 1998 SCS Lord Hamilton Scotland [ ScotC ] Roger Lindop v Stuart Noble and Sons Ltd and others [1998] ScotCS 1 7 Apr 1998 SCS Scotland [ Bailii ] Roger Lindop v Stuart Noble and Sons Ltd and others 7 Apr 1998 SCS Lord Macfadyen Scotland [ ScotC ] L A W Construction Company Limited and others v L A W Holdings Limited and others 9 Apr 1998 SCS Lord Penrose Scotland [ ScotC ] L A W Construction Company Limited and others v L A W Holdings Limited and others [1998] ScotCS 2 9 Apr 1998 SCS Scotland [ Bailii ] In Petition and Complaint - Her Majesty's Advocate v The Scotsman Publications Ltd and Clarke and Luckhurst and Allardyce; ScHC 23-Apr-1998 - [1998] ScotHC 1 In Petition and Complaint - Her Majesty's Advocate v The Scotsman Publications Ltd and Clarke, Luckhurst and Jason Allardyce 23 Apr 1998 HCJ Lord Justice General and Lord Caplan and Lord Marnoch Scotland, Crime [ ScotC ] Bank of Scotland v Dunedin Properties [1998] ScotCS CSIH - 118 1 May 1998 SCS Scotland [ Bailii ] Mccall's Entertainments (Ayr) Ltd v South Ayrshire Council 7 May 1998 SCS Lord Hamilton Scotland [ ScotC ] Mccall'S Entertainments (Ayr) Ltd v South Ayrshire Council [1998] ScotCS 3 7 May 1998 SCS Scotland [ Bailii ] Wescol Structures Limited v Miller Construction Limited [1998] ScotCS 4 8 May 1998 SCS Scotland [ Bailii ] Wescol Structures Limited v Miller Construction Limited 8 May 1998 SCS Lord Penrose Scotland [ ScotC ] Osborne v Matthan (No. 2) [1998] ScotCS CSIH - 119 12 May 1998 SCS Scotland [ Bailii ] McCluskey v Wallace [1998] ScotCS CSIH - 120; 1998 SLT 1357; 1998 Rep LR 86; 1998 SC 711; [1998] CSIH 120; 1998 GWD 20-1005 14 May 1998 SCS Lord Justice-Clerk (Cullen), Lord McCluskey and Lord Murray Scotland, Personal Injury, Negligence A child aged 10 had crossed the road without taking reasonable care to check whether traffic was coming. She was struck by a driver who was driving at an appropriate speed but had failed to notice her, and could have avoided her if he had been paying proper attention. Held: The assessment of the child's contributory negligence at 20% was upheld. Law Reform (Contributory Negligence) Act 1945 1 Citers [ Bailii ] Short's Trustee v Chung (No 2) Times, 18 May 1998 18 May 1998 OHCS Scotland It is a question of fact and degree whether new circumstances had been revealed which would allow a new action based on different grounds but same facts as first action. Yale v South Lanarkshire Council Times, 18 May 1998 18 May 1998 OHCS Benefits, Health, Local Government, Scotland When assessing capital for purposes of providing long term care in residential or Nursing home, a local authority may include notional capital of home given away more than six months previously, in this case in return for a life interest. National Assistance (Assessment of Resources) Regulations 1992 (1992 No 2977) 25 Church Commissioners for England and others v SCOR UK Company Limited and others [1998] ScotCS 5 20 May 1998 SCS Lord Hamilton Scotland [ Bailii ] - [ ScotC ] Lord Advocate, Petitioner Times, 28 May 1998 28 May 1998 IHCS Scotland Where a request was received from a foreign court to compel examination of a witness, this would not be ordered if such compulsion would not be given in a similar case in Scotland. (Un-named); SSCS 3-Jun-1998 - [1998] UKSSCSC CSCS - 5 - 1997 W M v Her Majesty's Advocate 4 Jun 1998 HCJ R.G. McEwan, Q.C. Scotland, Crime [ ScotC ] W M v Her Majesty's Advocate [1998] ScotHC 2 4 Jun 1998 ScHC Scotland [ Bailii ] Burke v Royal Infirmary of Edinburgh National Health Service Trust; OHCS 8-Jun-1998 - Times, 08 June 1998; 1999 SLT 539 Angus Council Social Work Department v for Adoption of H C [1998] ScotCS 6 12 Jun 1998 SCS Scotland [ Bailii ] M R S Hamilton Limited v the Keeper of the Registers of Scotland [1998] ScotCS 7 18 Jun 1998 SCS Scotland [ Bailii ] Mars Pension Trustees Limited v County Properties and Developments Limited and Retail Property Holdings Limited [1998] ScotCS 8 4 Aug 1998 SCS Lord Hamilton Scotland [ Bailii ] - [ ScotC ] Aubrey Investments Limited v D S C (Realisations) Limited [1998] ScotCS 9 11 Aug 1998 SCS Lord Macfadyen Scotland [ Bailii ] - [ ScotC ] Cosar Limited v Ups Limited [1998] ScotCS 11 13 Aug 1998 SCS Lord Hamilton Scotland [ Bailii ] - [ ScotC ] Hill v General Accident Fire and Life Assurance Corporation Plc [1998] ScotCS 10 13 Aug 1998 SCS Lord Hamilton Scotland 1 Cites [ Bailii ] - [ ScotC ] Bank of Scotland v Dunedin Property Investment Co Ltd Times, 24 September 1998; 1998 SC 658 24 Sep 1998 IHCS Lord President (Rodger Intellectual Property, Contract, Scotland Issue of loan stock supported by charge for 'all costs charges and expenses incurred' this included the breakage cost of the bank in setting up interest-rate swap arrangements to protect itself against swings in costs. 1 Cites 1 Citers Thomas Muir (Haulage) Limited v The Secretary of State for the Environment, Transport and the Regions [1998] ScotCS 13 25 Sep 1998 SCS Scotland [ Bailii ] Thomas Muir (Haulage) Limited v the Secretary of State for the Environment, Transport and the Regions 25 Sep 1998 SCS Lord Cullen Scotland [ ScotC ] Marjorie Mclennan v I C C S (Northern) Limited and Standard Life Trustee Company Limited 29 Sep 1998 ScSf Sheriff R.A. Davidson Scotland [ ScotC ] Marjorie Mclennan v I C C S (Northern) Limited and Standard Life Trustee Company Limited [1998] ScotSC 1 29 Sep 1998 ScSf Scotland [ Bailii ] Deborah Scott v Lothian Regional Council [1998] ScotCS 14 29 Sep 1998 SCS Scotland [ Bailii ] Deborah Scott v Lothian Regional Council 29 Sep 1998 SCS Lord MacLean Scotland [ ScotC ] Raymond Wayne Keddie v Woodside Building Services Limited [1998] ScotCS 15 30 Sep 1998 SCS Lord President Scotland [ Bailii ] - [ ScotC ] Fabrizio Conti v Ueberseebank A G Times, 12 October 1998; [1998] ScotCS 17 2 Oct 1998 OHCS Lord Osborne Company, Scotland (Scotland) A company director and shareholder who had agreed with board's decision to apply for company to be wound up could not later apply to set aside that application on the grounds that he was a person 'aggrieved' by that decision. Companies Act 1985 853 1 Cites 1 Citers [ Bailii ] - [ ScotC ] Andrew Carnegie v Lord Rodger of Earlsferry, Q C [1998] ScotCS 16 2 Oct 1998 SCS Scotland [ Bailii ] Andrew Carnegie v Lord Rodger of Earlsferry, Q C 2 Oct 1998 SCS Lady Cosgrove Scotland [ ScotC ] Gary Lockhart Bryson v BT Rolatruc Limited [1998] ScotCS 22 9 Oct 1998 SCS Scotland [ Bailii ] David J C Macrobert v Dr Catherine Smith [1998] ScotCS 21 9 Oct 1998 SCS Scotland [ Bailii ] William Frame v John Fraioli and Brian Thompson [1998] ScotCS 23 9 Oct 1998 SCS Scotland [ Bailii ] Clydesdale Bank Plc v Mowbray [1998] ScotCS 20 9 Oct 1998 SCS Lord MacLean Scotland [ Bailii ] - [ ScotC ] Gary Lockhart Bryson v BT Rolatruc Limited 9 Oct 1998 SCS Lord Osborne Scotland [ ScotC ] William Frame v John Fraioli and Brian Thompson 9 Oct 1998 SCS Lord Macfadyen Scotland [ ScotC ] B G Hamilton Ltd v Ready Mixed Concrete (Scotland) Ltd [1998] ScotCS 19 9 Oct 1998 SCS Lord Hamilton Scotland [ Bailii ] - [ ScotC ] David J C Macrobert v Dr Catherine Smith 9 Oct 1998 SCS Lord Cameron of Lochbroom Scotland [ ScotC ] Wylie v Corrigan and Ansari [1998] ScotCS 24; (1999) SC 97 13 Oct 1998 SCS Lord Coulsfield Scotland, Company The question was whether accounts which had been produced by the continuing partners, but which had been prepared not by them but by an auditor, were ones which they themselves could refer to arbitration or which, having been produced by them, were binding on them. Held. A court will be reluctant to find, as a matter of implication, that an outgoing partner has been deprived of his right to object to the contents of accounts prepared after he has left the partnership. 1 Citers [ Bailii ] - [ ScotC ] Douglas Andrew Arthur v the Smt Sales and Service Company Limited [1998] ScotCS 26 14 Oct 1998 SCS Scotland [ Bailii ] The Keeper of the Registers of Scotland v M R S Hamilton Limited [1998] ScotCS 27 14 Oct 1998 SCS Scotland [ Bailii ] McLelland v Greater Glasgow Health Board Times, 14 October 1998 14 Oct 1998 OHCS Lord Macfadyen Personal Injury, Scotland (Scotland) Where a hospital had negligently failed to diagnose a foetus with Down's Syndrome, it became liable to the father as well as the mother for damages for initial shock and distress and continued emotional stress bringing up a Down's child. [ Bailii ] - [ ScotC ] Douglas Andrew Arthur v the Smt Sales and Service Company Limited 14 Oct 1998 SCS Lord Macfadyen Scotland [ ScotC ] Sutherland v The Lord Advocate 14 Oct 1998 OHCS Lord Macfadyen Scotland [ ScotC ] The Keeper of the Registers of Scotland v M R S Hamilton Limited 14 Oct 1998 SCS Lord Coulsfield Scotland [ ScotC ] David Reid v Swifts of Scarborough Limited 15 Oct 1998 SCS Lord Cullen Scotland [ ScotC ] Nigel Lowe and Associates and others v John Mowlem Construction Plc [1998] ScotCS 30 15 Oct 1998 SCS Scotland [ Bailii ] Nigel Lowe and Associates and others v John Mowlem Construction Plc 15 Oct 1998 SCS Lord Macfadyen Scotland [ ScotC ] Presslie and Another v Cochrane Mcgregor Group Limited and Another [1998] ScotCS 29 15 Oct 1998 OHCS Lord Penrose Scotland [ Bailii ] - [ ScotC ] David Reid v Swifts of Scarborough Limited [1998] ScotCS 28 15 Oct 1998 SCS Scotland [ Bailii ] Lynda Turnbull v T S B Bank Scotland Plc 16 Oct 1998 SCS Lord Cullen Scotland [ ScotC ] Terence Swankie v Procurator Fiscal, Peterhead [1998] ScotHC 3 20 Oct 1998 HCJ Lord Kirkwood Scotland, Scotland, Crime Dangerous Dogs Act 1991 3(1) [ Bailii ] - [ ScotC ] F F and M Mca v L Constanda and Carol Cunnighame [1998] ScotCS 32 20 Oct 1998 SCS Lord McCluskey Scotland [ Bailii ] - [ ScotC ] Terence Swankie v Procurator Fiscal, Peterhead [1998] ScotHC 3 20 Oct 1998 HCJ Lord Kirkwood Scotland, Scotland, Crime Dangerous Dogs Act 1991 3(1) [ Bailii ] - [ ScotC ] Michael Thorburn Reid Strachan v Strathmore Glazing and Another [1998] ScotCS 33 22 Oct 1998 SCS Scotland [ Bailii ] Michael Thorburn Reid Strachan v Strathmore Glazing and Another 22 Oct 1998 SCS Lord Cameron of Lochbroom Scotland [ ScotC ] James Mcnulty v Marshalls Food Group Ltd 1999 SC 195 23 Oct 1998 SCS Lord Macfadyen Scotland, Personal Injury 1 Citers [ ScotC ] Lithoprint (Scotland) Ltd v Summit Leasing Ltd and others 23 Oct 1998 SCS Lord Milligan Scotland [ ScotC ] James Bell v William Alister Mcmillan and Douglas Brown Jackson [1998] ScotCS 34 23 Oct 1998 SCS Lord Osborne Scotland [ Bailii ] - [ ScotC ] Lithoprint (Scotland) Ltd v Summit Leasing Ltd and others [1998] ScotCS 36 23 Oct 1998 SCS Scotland [ Bailii ] World Wildlife Fund and others, Judicial Review of Decisions Relating To the Protection of European Sites 27 Oct 1998 SCS Lord Nimmo Smith Scotland, Environment [ ScotC ] World Wildlife Fund and others v For Judicial Review of Decisions Relating To the Protection of European Sites [1998] ScotCS 38 27 Oct 1998 SCS Scotland, Environment [ Bailii ] Texaco Ltd v City of Glasgow Licensing Board and others [1998] ScotCS 37 27 Oct 1998 SCS Scotland [ Bailii ] Texaco Ltd v City of Glasgow Licensing Board and others 27 Oct 1998 SCS Lord Milligan Scotland [ ScotC ] Gray v The Criminal Injuries Compensation Board [1998] ScotCS 39 28 Oct 1998 OHCS Lord Coulsfield Scotland, Personal Injury 1 Cites [ Bailii ] - [ ScotC ] the Secretary of State for Trade and Industry v Joseph Henry Campleman and Charles Mcfaull Campleman and Elizabeth Campleman and Claire Campleman [1998] ScotCS 40 28 Oct 1998 SCS Scotland [ Bailii ] The Lord Advocate v Ian Adam Whelson Graham, John Purves and Ross Gravestock [1998] ScotHC 4 28 Oct 1998 ScHC Scotland [ Bailii ] The Lord Advocate v Ian Adam Whelson Graham, John Purves and Ross Gravestock 28 Oct 1998 HCJ Lord Justice General Scotland, Crime [ ScotC ] the Secretary of State for Trade and Industry v Joseph Henry Campleman and Charles Mcfaull Campleman and Elizabeth Campleman and Claire Campleman 28 Oct 1998 SCS Lord Johnston Scotland [ ScotC ] F H Bertling Limited v Tube Developments Limited [1998] ScotCS 42 30 Oct 1998 SCS Scotland [ Bailii ] Remnant Kings (East)and others v John Farrell Mckeon and others [1998] ScotCS 44 30 Oct 1998 SCS Scotland [ Bailii ] Her Majesty'S Secretary of State for Trade and Industry v Ian Mcleod Fraser Ross 30 Oct 1998 SCS Lord MacLean Scotland [ ScotC ] Her Majesty'S Secretary of State for Trade and Industry v Ian Mcleod Fraser Ross [1998] ScotCS 43 30 Oct 1998 SCS Scotland [ Bailii ] F H Bertling Limited v Tube Developments Limited 30 Oct 1998 SCS Lord Hamilton Scotland [ ScotC ] Remnant Kings (East) and others v John Farrell Mckeon and others 30 Oct 1998 SCS Lord Penrose Scotland [ ScotC ] Dawson As Guardian of James Dawson, Junior v Scottish Power Plc [1998] ScotCS 45 2 Nov 1998 SCS Scotland [ Bailii ] Brian Clark v North of Scotland Water Authority [1998] ScotSC 2 2 Nov 1998 ScSf Sheriff R.A. Davidson Scotland, Scotland [ Bailii ] - [ ScotC ] Brian Clark v North of Scotland Water Authority [1998] ScotSC 2 2 Nov 1998 ScSf Sheriff R.A. Davidson Scotland, Scotland [ Bailii ] - [ ScotC ] James Dawson As Guardian of James Dawson, Junior v Scottish Power Plc 2 Nov 1998 SCS Lord MacLean Scotland [ ScotC ] Freeport Leisure v West Lothian Council and others [1998] ScotCS 47 3 Nov 1998 SCS Scotland [ Bailii ] East Dunbartonshire Council v the Secretary of State for Scotland and Mactaggart and Mickel Limited [1998] ScotCS 46 3 Nov 1998 SCS Lord Coulsfield Scotland [ Bailii ] - [ ScotC ] Susan Irvine and Ann Irvine v the Balmoral Hotel Edinburgh Limited 3 Nov 1998 SCS Lord Gill Scotland [ ScotC ] Marie Helen O'Malley Or Bryden v John Gibson Bryden [1998] ScotCS 51 4 Nov 1998 SCS Scotland [ Bailii ] Marie Helen O'Malley Or Bryden v John Gibson Bryden 4 Nov 1998 SCS Lord Marnoch Scotland [ ScotC ] Anthony Carlin v Trainor Alston [1998] ScotCS 50 4 Nov 1998 SCS Scotland [ Bailii ] Anthony Carlin v Trainor Alston 4 Nov 1998 SCS Lord Osborne Scotland [ ScotC ] Perth and Kinross Council v The Secretary of State for Scotland and Esso Petroleum Company [1998] ScotCS 52 4 Nov 1998 IHCS Lord McCluskey and Lord Cullen and Lord Eassie Scotland [ Bailii ] - [ ScotC ] Samuel Ferguson Barr v Her Majesty's Advocate 5 Nov 1998 HCJ Lord Justice Clerk Scotland, Crime [ ScotC ] Samuel Ferguson Barr v Her Majesty's Advocate [1998] ScotHC 5 5 Nov 1998 ScHC Scotland [ Bailii ] Esso Petroleum Company Limited v James Gardner [1998] ScotCS 54 5 Nov 1998 OHCS Lord Macfadyen Scotland [ Bailii ] - [ ScotC ] McGhie and Crozier v Dunedin Property Investment Company Limited [1998] ScotCS 53 5 Nov 1998 SCS Lord Johnston Scotland [ Bailii ] - [ ScotC ] Stannifer Developments Limited v Glasgow Development Agency and Scottish Enterprise 5 Nov 1998 SCS Lord Cullen Scotland [ ScotC ] Stannifer Developments Limited v Glasgow Development Agency and Scottish Enterprise [1998] ScotCS 55 5 Nov 1998 SCS Scotland [ Bailii ] Martin Hall v City of Edinburgh Council [1998] ScotCS 57 6 Nov 1998 SCS Scotland [ Bailii ] Reid v Her Majesty's Advocate [1998] ScotHC 6 6 Nov 1998 ScHC 164272 Scotland, Crime [ Bailii ] - [ ScotC ] S G and M R Or G v Joseph Scanlon [1998] ScotCS 59 6 Nov 1998 SCS Scotland [ Bailii ] Mrs Eileen Christie Or Stewart v Lothian Health Board [1998] ScotCS 58 6 Nov 1998 SCS Scotland [ Bailii ] Abdul Shakoor Bhatti and others v the Secretary of State for the Home Department [1998] ScotCS 56 6 Nov 1998 SCS Scotland [ Bailii ] Mrs Eileen Christie Or Stewart v Lothian Health Board 6 Nov 1998 SCS Lord Prosser Scotland [ ScotC ] William Copland Taylor v Marshalls Food Group (2) [1998] ScotCS 60 6 Nov 1998 OHCS Lord Macfadyen Scotland, Costs The First Division held that section 5 had not authorised the Court to enact a Rule of Court that entitled a pursuer, who had lodged and beaten a "pursuer's offer", to payment of a sum equal to the taxed amount of the expenses of process. The Rule of Court was accordingly ultra vires of the Court. Court of Session Act 1998 5 1 Citers [ Bailii ] - [ ScotC ] Martin Hall v City of Edinburgh Council 6 Nov 1998 SCS Lord Macfadyen Scotland [ ScotC ] Abdul Shakoor Bhatti and others v the Secretary of State for the Home Department 6 Nov 1998 SCS Lord Reed Scotland [ ScotC ] S G and M R Or G v Joseph Scanlon 6 Nov 1998 SCS Lord Prosser Scotland [ ScotC ] Villaswan Limited v Sheraton Caltrust (Blythswood) Limited and Sheraton Caltrust (Elgin) Limited and Starthawk Limited Times, 27 January 1999; [1998] ScotCS 61 9 Nov 1998 OHCS Lord Penrose VAT, Scotland When one member of a group of companies paid the VAT due from that other company, the paying company was entitled to the Crown's preference when payment was recovered by way of relief from the other company. [ Bailii ] - [ ScotC ] Ali v Andrews Or Ali [1998] ScotCS 62 10 Nov 1998 SCS Lord Sutherland Scotland 1 Citers [ Bailii ] - [ ScotC ] Henry Kerr v Her Majesty's Advocate 11 Nov 1998 HCJ Lord Justice General Scotland, Crime [ ScotC ] Henry Kerr v Her Majesty's Advocate [1998] ScotHC 7 11 Nov 1998 ScHC Scotland [ Bailii ] James Gray v Her Majesty's Advocate [1998] ScotHC 8 11 Nov 1998 ScHC Scotland [ Bailii ] P and O Property Holdings Limited v Glasgow City Council [1998] ScotCS 64 11 Nov 1998 SCS Scotland [ Bailii ] James Johnston v Ayrshire and Arran Health Board 11 Nov 1998 SCS T.G. Coutts, Q.C. Scotland [ ScotC ] James Johnston v Ayrshire and Arran Health Board [1998] ScotCS 63 11 Nov 1998 SCS Scotland [ Bailii ] P and O Property Holdings Limited v Glasgow City Council 11 Nov 1998 SCS Lord Macfadyen Scotland [ ScotC ] James Gray v Her Majesty's Advocate 11 Nov 1998 HCJ Lord Justice General Scotland, Crime [ ScotC ] Patterson v Procurator Fiscal, Dumfries [1998] ScotHC 9 12 Nov 1998 ScHC Lord Justice General Scotland, Crime [ Bailii ] - [ ScotC ] Crawford v Procurator Fiscal, Ayr [1998] ScotHC 10 12 Nov 1998 HCJ Lord Marnoch Scotland, Crime [ Bailii ] - [ ScotC ] Donald Salmon and Anthony James Irvine Moore v Her Majesty's Advocate [1998] ScotHC 12 13 Nov 1998 HCJ Lord Justice General Scotland, Crime The court considered the burden of proof placed on the prosecution under s28 of the 1971 Act. Held: "Subsections (2) and (3) of Section 28 are both designed to come into play at a stage when the Crown have proved all that they need to prove in order to establish guilt either of a contravention of Section 4(3)(b) or of a contravention of Section 5(3). " Misuse of Drugs Act 1971 28 32(2) 32(3) 1 Cites 1 Citers [ Bailii ] - [ ScotC ] the Secretary of State for Social Security v K M 13 Nov 1998 SCS Lord Cullen Scotland [ ScotC ] David Campbell Griffith and Roger Arthur Powdrill v Joint Receivers of Lewis Lloyd Holdings Ltd, Petrs [1998] ScotCS 65 13 Nov 1998 SCS Scotland [ Bailii ] - [ ScotC ] the Secretary of State for Social Security v K M [1998] ScotCS 67 13 Nov 1998 SCS Scotland [ Bailii ] Robert Jardine v Procurator Fiscal, Hamilton [1998] ScotHC 15 13 Nov 1998 ScHC Scotland [ Bailii ] Donald Samon and Anthony James Irvine Moore v Her Majesty's Advocate [1998] ScotHC 13 13 Nov 1998 ScHC Scotland [ Bailii ] Allan Gordon Cameron v Procurator Fiscal, Oban [1998] ScotHC 11 13 Nov 1998 ScHC Scotland [ Bailii ] George Alexander Muirhead and Hugh William Cameron v Her Majesty's Advocate [1998] ScotHC 14 13 Nov 1998 ScHC Scotland [ Bailii ] Donald Samon and Anthony James Irvine Moore v Her Majesty's Advocate 13 Nov 1998 HCJ Lord Justice General Scotland, Crime [ ScotC ] Hammond and Brown and King v Bristow Helicopters Limited [1998] ScotCS 66 13 Nov 1998 SCS Scotland [ Bailii ] George Alexander Muirhead and Hugh William Cameron v Her Majesty's Advocate 13 Nov 1998 HCJ Lord Justice Clerk Scotland, Crime [ ScotC ] Robert Jardine v Procurator Fiscal, Hamilton 13 Nov 1998 HCJ Lord Justice General Scotland, Crime [ ScotC ] Hammond and Brown and King v Bristow Helicopters Limited 13 Nov 1998 SCS Lord Philip Scotland [ ScotC ] Allan Gordon Cameron v Procurator Fiscal, Oban 13 Nov 1998 HCJ Lord Marnoch Scotland, Crime [ ScotC ] David Wilson Construction Ltd v Newbattle Properties Ltd [1998] ScotCS 68 17 Nov 1998 SCS Scotland [ Bailii ] David Wilson Construction Ltd v Newbattle Properties Ltd 17 Nov 1998 SCS Lord Macfadyen Scotland [ ScotC ] Gordon Morris v Highland Spring Ltd [1998] ScotCS 69 18 Nov 1998 SCS Scotland [ Bailii ] Gordon Morris v Highland Spring Ltd 18 Nov 1998 SCS Lord Kingarth Scotland [ ScotC ] Carmen Senna-Cheribbo (Ap) v Stephen James Wood and Another 19 Nov 1998 SCS Lord Weir Scotland [ ScotC ] Waydale Limited v D H L Holdings (Uk) Limited [1998] ScotCS 71 19 Nov 1998 SCS Scotland [ Bailii ] Carmen Senna-Cheribbo (Ap) v Stephen James Wood and Another [1998] ScotCS 70 19 Nov 1998 SCS Scotland [ Bailii ] Waydale Limited v D H L Holdings (Uk) Limited 19 Nov 1998 SCS Lord Hamilton Scotland [ ScotC ] Hayman v Dingley [1998] ScotCS 73 20 Nov 1998 SCS TG Coutts, QC Scotland, Agency [ Bailii ] - [ ScotC ] Daljit Singh v The Secretary of State for the Home Department [1998] ScotCS 72 20 Nov 1998 SCS Lady Cosgrove Scotland, Immigration 1 Citers [ Bailii ] - [ ScotC ] the Miller Group Limited v the Scottish Coal Company Limited [1998] ScotCS 75 24 Nov 1998 SCS Scotland [ Bailii ] Mrs Rose Kane v Argyll and Clyde Health Board [1998] ScotCS 74 24 Nov 1998 SCS Lord Prosser Scotland [ Bailii ] - [ ScotC ] David James Callan v Her Majesty's Advocate 24 Nov 1998 HCJ Lord McCluskey Scotland, Crime [ ScotC ] the Miller Group Limited v the Scottish Coal Company Limited 24 Nov 1998 SCS Lord Cameron of Lochbroom Scotland [ ScotC ] David James Callan v Her Majesty's Advocate [1998] ScotHC 16 24 Nov 1998 ScHC Scotland [ Bailii ] UCB Bank Ltd Plc v Hire Foulis Litd (In Liquidation) and Hill [1998] ScotCS 77 25 Nov 1998 SCS Lord Morison Scotland [ Bailii ] - [ ScotC ] Bradford and Bingley Building Society v Thorntons Plc 26 Nov 1998 SCS Lord Hamilton Scotland [ ScotC ] Kvaerner Construction (Regions) Ltd v Kirkpatrick and Partners Consulting Engineers Ltd &C [1998] ScotCS 80 26 Nov 1998 OHCS Lord Morison Scotland [ Bailii ] - [ ScotC ] Kvaerner Construction (Regions) Limited v Kirkpatrick and Partners Consulting Engineers Limited and others [1998] ScotCS 79 26 Nov 1998 IHCS Lord McCluskey and Lord Marnoch Scotland [ Bailii ] - [ ScotC ] Bradford and Bingley Building Society v Thorntons Plc [1998] ScotCS 78 26 Nov 1998 SCS Scotland [ Bailii ] Ward v Scotrail Railways Limited [1998] ScotCS 81; 1999 SC 255 27 Nov 1998 SCS Lord Reed Scotland, Vicarious Liability 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. 1 Cites 1 Citers [ Bailii ] - [ ScotC ] McCue v Scottish Daily Record and Sunday Mail Limited and Norman Silvester [1998] ScotCS 82 30 Nov 1998 SCS Lord Cullen Scotland 1 Cites 1 Citers [ Bailii ] - [ ScotC ] Skerries Salmon Limited v The Braer Corporation and Assuranceforeningen Skuld and the International Oil Pollution Compensation Fund [1998] ScotCS 83 1 Dec 1998 SCS Lord Gill Scotland, Transport, Damages The pursuer salmon farmer sought damages from the defender for damage to his business following the sinking of the Braer. Merchant Shipping Act 1974 6 [ Bailii ] - [ ScotC ] Jason Robert Sproull and Scott James Baker v Procurator Fiscal, Kilmarnock [1998] ScotHC 17 1 Dec 1998 ScHC Scotland [ Bailii ] Jason Robert Sproull and Scott James Baker v Procurator Fiscal, Kilmarnock 1 Dec 1998 HCJ Lord McCluskey Scotland, Crime [ ScotC ] Mohammed Hanif v the Secretary of State for the Home Department [1998] ScotCS 86 2 Dec 1998 SCS Scotland [ Bailii ] Francis Dunn v Rigblast Energy Services Ltd 2 Dec 1998 SCS T.G. Coutts, Q.C. Scotland [ ScotC ] Francis Dunn v Rigblast Energy Services Ltd [1998] ScotCS 84 2 Dec 1998 SCS Scotland [ Bailii ] John Macdonald v Federation International De Football Association and others Times, 07 January 1999; [1998] ScotCS 85 2 Dec 1998 OHCS R.G. McEwan Contract, Scotland 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. [ Bailii ] - [ ScotC ] James Paul Associates v Carol Ellis [1998] ScotSC 3 2 Dec 1998 ScSf Sheriff R.A. Davidson Scotland [ Bailii ] - [ ScotC ] Mohammed Hanif v the Secretary of State for the Home Department 2 Dec 1998 SCS Lord Osborne Scotland [ ScotC ] In Bill of Suspension By Christopher Kelly and Mohammed Sarwar v the Procurator Fiscal, Glasgow [1998] ScotHC 18 3 Dec 1998 ScHC Scotland [ Bailii ] K (A Patient) v Craig; HL 3-Dec-1998 - Times, 07 December 1998; [1998] UKHL 54; 1999 SCLR 67; 1999 SLT 219; 1998 GWD 40-2074; 1999 SC (HL) 1 HSBC Gibbs Limited v Alan Torrance [1998] ScotCS 87 3 Dec 1998 OHCS Lord Kingarth Scotland [ Bailii ] - [ ScotC ] In Bill of Suspension By Christopher Kelly and Mohammed Sarwar v the Procurator Fiscal, Glasgow 3 Dec 1998 HCJ Lord Justice Clerk and Lord McCluskey and Lord Milligan Scotland, Crime [ ScotC ] James Francis Hall v Gamut Technologies Limited [1998] ScotCS 90 4 Dec 1998 SCS Scotland [ Bailii ] Jaswinder Singh v Secretary of State for the Home Department [1998] ScotCS 91 4 Dec 1998 SCS Scotland [ Bailii ] James Francis Hall v Gamut Technologies Limited 4 Dec 1998 SCS Lord Penrose Scotland [ ScotC ] Redfern v British Waterways Board [1998] ScotCS 92 4 Dec 1998 OHCS Lord Penrose Scotland [ Bailii ] - [ ScotC ] Francis Devaney v Yarrow Shipbuilders Limited [1998] ScotCS 89 4 Dec 1998 SCS T.G. Coutts, Q.C. Scotland [ Bailii ] - [ ScotC ] S M v Lia Constanda [1998] ScotCS 94 4 Dec 1998 SCS Lord McCluskey Scotland [ Bailii ] - [ ScotC ] Jaswinder Singh v Secretary of State for the Home Department 4 Dec 1998 SCS Lord Cullen Scotland [ ScotC ] Reclaiming Motion Mars Pension Trustees Ltd v County Properties and Developments Ltd &C [1998] ScotCS 93 4 Dec 1998 SCS Lord Prosser Scotland [ Bailii ] - [ ScotC ] HSBC Gibbs Limited v Alan Torrance [1998] ScotCS 96 8 Dec 1998 OHCS Lord Cowie Scotland [ Bailii ] - [ ScotC ] Graham Cameron Tough, C A v Sps (Holdings) Limited 8 Dec 1998 SCS T.G. Coutts, Q.C. Scotland [ ScotC ] Anne Kerr Clinton v News Group Newspapers Ltd and others 10 Dec 1998 SCS Lord Nimmo Smith Scotland [ ScotC ] Nikolas David French (Ap) v Kerr Mcgee Oil (Uk) Plc and others [1998] ScotCS 98 11 Dec 1998 SCS Scotland [ Bailii ] Nikolas David French (Ap) v Kerr Mcgee Oil (Uk) Plc and others 11 Dec 1998 SCS Lord MacLean Scotland [ ScotC ] Henry George William Coleman, Steven Douglas, Shand Dickson Caven, Edward Diamond, David Hunter, Gor v Her Majesty's Advocate [1998] ScotHC 20 14 Dec 1998 ScHC Scotland [ Bailii ] Henry George William Coleman, Steven Douglas, Shand Dickson Caven, Edward Diamond, David Hunter, Gor v Her Majesty's Advocate 14 Dec 1998 HCJ Lord Justice Clerk Scotland, Crime [ ScotC ] Axis West Developments Ltd v Chartwell Land Investments Ltd; HL 15-Dec-1998 - [1998] UKHL 48 Maria Mason v South Ayrshire Council 15 Dec 1998 SCS Lord Gill Scotland [ ScotC ] Robert Leslie (Ap) v Michael Forsyth Mp, Secretary of State for Scotland 15 Dec 1998 SCS Lord Nimmo Smith Scotland [ ScotC ] Robert Leslie (Ap) v Michael Forsyth Mp, Secretary of State for Scotland [1998] ScotCS 101 15 Dec 1998 SCS Scotland [ Bailii ] Thomas John Mcbrearty v Her Majesty's Advocate [1998] ScotHC 23 17 Dec 1998 ScHC Scotland [ Bailii ] Thomas John Mcbrearty v Her Majesty's Advocate 17 Dec 1998 HCJ Lord Justice General Scotland, Crime [ ScotC ] Joe Walker (Capital Business) Ltd v Hugh Macbean Stuart and Andrew George Lloyd 18 Dec 1998 SCS Lord Osborne Scotland [ ScotC ] Mcdonald and Another v Kwok 18 Dec 1998 SCS Lord Macfadyen Scotland [ ScotC ] James Alexander Mack v Her Majesty's Advocate 18 Dec 1998 HCJ Lord Justice General Scotland, Crime [ ScotC ] Robert Grant Macdonald v Her Majesty's Advocate 18 Dec 1998 HCJ Lord Coulsfield Scotland, Crime [ ScotC ] Alasdair Taylor Will v Procurator Fiscal, Dornoch 18 Dec 1998 HCJ Lord Justice Clerk Scotland, Crime [ ScotC ] Kearns v Her Majesty's Advocate [1998] ScotHC 28 18 Dec 1998 HCJ Lord Justice Clerk Scotland, Crime [ Bailii ] - [ ScotC ] Alexander Grant Hall v Her Majesty's Advocate 18 Dec 1998 HCJ Lord Justice Clerk Scotland, Crime [ ScotC ] Charles Gray Lafferty Mckenzie v Her Majesty's Advocate 18 Dec 1998 HCJ Lord Justice General Scotland, Crime [ ScotC ] James Alexander Mack v Her Majesty's Advocate [1998] ScotHC 27 18 Dec 1998 ScHC Scotland [ Bailii ] Taylor v Against an Order and Judgment of the Employment Appeal Tribunal; SCS 18-Dec-1998 - [1998] ScotCS 103; [1999] SCLR 263; [1999] IRLR 362 McDonald v The Council of St Andrews Ambulance Association and Others [1998] ScotCS 102 18 Dec 1998 SCS Scotland [ Bailii ] Joe Walker (Capital Business) Ltd v Hugh Macbean Stuart and Andrew George Lloyd [1998] ScotCS 105 18 Dec 1998 SCS Scotland [ Bailii ] Lothian Borders and Angus Co-Op Society v Scottish Borders Council and others [1998] ScotCS 106 18 Dec 1998 SCS Scotland [ Bailii ] McDonald and Another v Kwok [1998] ScotCS 107 18 Dec 1998 SCS Scotland [ Bailii ] Southesk Trust Com Ltd and Elsick Farms Ltd v for Judicial Review of a Decision of the Secretary of State [1998] ScotCS 108 18 Dec 1998 SCS Scotland [ Bailii ] Alasdair Taylor Will v Procurator Fiscal, Dornoch [1998] ScotHC 24 18 Dec 1998 ScHC Scotland [ Bailii ] Lothian Borders and Angus Co-Op Society v Scottish Borders Council and others 18 Dec 1998 SCS Lord Milligan Scotland [ ScotC ] Charles Gray Lafferty Mckenzie v Her Majesty's Advocate [1998] ScotHC 26 18 Dec 1998 ScHC Scotland [ Bailii ] James Dawson Robertson As Cb To Kevin Mckernon v J Sidney Smith Limited and Andrew Berry 18 Dec 1998 SCS Lord Osborne Scotland [ ScotC ] Robert Grant Macdonald v Her Majesty's Advocate [1998] ScotHC 29 18 Dec 1998 ScHC Scotland [ Bailii ] McDonald v The Council of St Andrews Ambulance Association &C 18 Dec 1998 SCS Lord Macfadyen Scotland [ ScotC ] George Taylor v Against an Oprder and Judgment of the Employment Appeal Tribunal 18 Dec 1998 SCS Lord Caplan Scotland [ ScotC ] James Dawson Robertson As Cb To Kevin Mckernon v J Sidney Smith Limited and Andrew Berry [1998] ScotCS 104 18 Dec 1998 SCS Scotland [ Bailii ] Southesk Trust Com Ltd and Elsick Farms Ltd v for Judicial Review of A Decision of the Secretary of State 18 Dec 1998 SCS Lord Dawson Scotland [ ScotC ] Alexander Grant Hall v Her Majesty's Advocate [1998] ScotHC 25 18 Dec 1998 ScHC Scotland [ Bailii ] Young v Archibald and others [1998] ScotCS 110 23 Dec 1998 SCS Scotland [ Bailii ] Cameron v Kvaerner Govan Limited [1998] ScotCS 111 23 Dec 1998 OHCS Lord Bonomy Scotland [ Bailii ] - [ ScotC ] McKnight and McKnight v Clydeside Buses Limited and Glasgow City Council and Railtrack Plc and Mima Dunlop [1998] ScotCS 109 23 Dec 1998 SCS Lady Cosgrove Scotland [ Bailii ] - [ ScotC ] Michael Young v Muriel Margaret Archibald and others 23 Dec 1998 SCS T.G. Coutts, Q.C. Scotland [ ScotC ] Framgord Limited v The International Oil Pollution Compensation Fund [1998] ScotCS 113 29 Dec 1998 SCS Lord Gill Scotland [ Bailii ] - [ ScotC ] Stephen Gray and Stanley Gray v The Braer Corporation and Trevor Williams and Anthony Jones and Michael S Hudner and Assuranceforeningen Skuld 29 Dec 1998 SCS Lord Gill Scotland [ ScotC ] Stephen Gray and Stanley Gray v the Braer Corporation and Trevor Williams and Anthony Jones and Michael S Hudner and Assuranceforeningen Skuld [1998] ScotCS 114 29 Dec 1998 SCS Scotland [ Bailii ] A R v J G R 30 Dec 1998 SCS Lord Prosser Scotland [ ScotC ] A R v J G R [1998] ScotCS 115 30 Dec 1998 SCS Scotland [ Bailii ] Kenneth Bryce v Phyllis Mckirdy [1998] ScotCS 116 30 Dec 1998 SCS Scotland [ Bailii ] Kenneth Bryce v Phyllis Mckirdy 30 Dec 1998 SCS Lord MacLean Scotland [ ScotC ]
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