

Links: Home \| swarblaw - law discussions		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: 2001 To: 2001 This page lists 638 cases, and was prepared on 20 May 2019. Mackie v Dundee City Council; 2001 - [2001] Rep LR 62 Wallace v Paterson [2001] ScotCS 1 4 Jan 2001 OHCS Lady Paton Scotland [ Bailii ] Hogg v Carrigan [2001] ScotCS 2 5 Jan 2001 SCS TG. Coutts QC Scotland [ Bailii ] Alexander Bennett v Independent Insurance Co Ltd [2001] ScotCS 3 9 Jan 2001 OHCS Lord Macfadyen Scotland [ Bailii ] - [ ScotC ] Robert Ward v Independent Insurance Co Ltd [2001] ScotCS 5 9 Jan 2001 SCS Scotland [ Bailii ] Robert Ward v Independent Insurance Co Ltd 9 Jan 2001 SCS Lord Macfadyen Scotland [ ScotC ] Joseph Aitken v Independent Insurance Co Ltd [2001] ScotCS 4 9 Jan 2001 SCS Lord Macfadyen Scotland [ Bailii ] - [ ScotC ] Zino Davidoff, S A v M and S Toiletries Limited [2001] ScotCS 7 12 Jan 2001 SCS Lord McCluskey Scotland, Intellectual Property [ Bailii ] - [ ScotC ] John O'Hagan, Director of Administration,North Lanarkshire Council v Lorraine Rea [2001] ScotSC 1 12 Jan 2001 ScSf Scotland [ Bailii ] Tucker Or Evans v Angus Healthcare (Glenesk) Limited [2001] ScotCS 6 12 Jan 2001 SCS Scotland [ Bailii ] O'Hagan, Director of Administration, North Lanarkshire Council v Rea 12 Jan 2001 ScSf Sheriff I.C. Simpson, Esq, Advocate Scotland [ ScotC ] Tucker Or Evans v Angus Healthcare (Glenesk) Limited 12 Jan 2001 SCS Lord Macfadyen Scotland [ ScotC ] Clyde Solway Consortium for Judicial Review of Procedures Implemented By the Scottish Ministers In Determining A Contract 16 Jan 2001 SCS Lord Penrose Scotland [ ScotC ] Clyde Solway Consortium for Judicial Review of Procedures Implemented By the Scottish Ministers In Determining a Contract [2001] ScotCS 8 16 Jan 2001 SCS Scotland [ Bailii ] Mrs Jean Menzies Donaldson Or Devlin Or Macgregor (Ap) v Andrew Macgregor (Ap) and Matthew Macgregor and Ian Macgregor 17 Jan 2001 SCS T.G. Coutts, Q.C. Scotland [ ScotC ] Mrs Jean Menzies Donaldson Or Devlin Or Macgregor (Ap) v Andrew Macgregor (Ap) and Matthew Macgregor and Ian Macgregor [2001] ScotCS 10 17 Jan 2001 SCS Scotland [ Bailii ] Andrew Wilson and C v Inverclyde Council [2001] ScotCS 9 17 Jan 2001 SCS Scotland [ Bailii ] Andrew Wilson &C v Inverclyde Council 17 Jan 2001 SCS T.G. Coutts, Q.C. Scotland [ ScotC ] Scott Ramsay v Timbet Woyka Limited [2001] ScotCS 11 18 Jan 2001 OHCS Lord McCluskey Scotland [ Bailii ] - [ ScotC ] Hoekstra and Van Rijs etc v Her Majesty's Advocate [2001] ScotHC 1 18 Jan 2001 HCJ Lord Justice General and Lord Philip and Lord Weir Scotland, Crime 1 Cites 1 Citers [ Bailii ] - [ ScotC ] Robin Fairlie Smith v The Rt Hon Lynda Clark QC, M P Advocate General for Scotland [2001] ScotCS 13 19 Jan 2001 SCS T.G. Coutts, Q.C. Scotland [ Bailii ] - [ ScotC ] Peter John Richard Adams v John Young and Jonathan Charles Smith 19 Jan 2001 SCS T.G. Coutts, Q.C. Scotland [ ScotC ] Stewart Buchanan Gauges Ltd v Bec (Scotland) Limited and Kevin Murphy [2001] ScotCS 14 19 Jan 2001 OHCS Lord Macfadyen Scotland [ Bailii ] - [ ScotC ] Ronald Mcnaughton v Michelin Tyre Plc [2001] ScotSC 2 19 Jan 2001 ScSf Scotland [ Bailii ] Ronald Mcnaughton v Michelin Tyre Plc 19 Jan 2001 ScSf Sheriff R.A. Davidson Scotland [ ScotC ] Adams v Young and Smith [2001] ScotCS 12 19 Jan 2001 SCS Scotland [ Bailii ] Clyde Solway Consortium v the Scottish Ministers and others for Judicial Review 22 Jan 2001 SCS Lord Cameron of Lochbroom and Lady Cosgrove and Lord Kingarth Scotland [ ScotC ] Harold Mckeown (Ap) v the Lord Advocate 22 Jan 2001 SCS Lady Paton Scotland [ ScotC ] Clyde Solway Consortium v the Scottish Ministers and others for Judicial Review [2001] ScotCS 15 22 Jan 2001 SCS Scotland [ Bailii ] Harold Mckeown (Ap) v the Lord Advocate [2001] ScotCS 16 22 Jan 2001 SCS Scotland [ Bailii ] Osborne and Hunter Limited v Hardie Caldwell and others [2001] ScotCS 17 23 Jan 2001 OHCS Lord Kingarth Scotland [ Bailii ] - [ ScotC ] Charles Brand Limited v Orkney Islands Council 24 Jan 2001 SCS Lord Kirkwood and Lord Eassie and Lord Morison Scotland [ ScotC ] Charles Brand Limited v Orkney Islands Council [2001] ScotCS 18 24 Jan 2001 SCS Scotland [ Bailii ] Tehrani for Judicial Review of A Purported Decision of the United Kingdon Central Council for Nursing [2001] ScotCS 19 25 Jan 2001 SCS Lord Mackay of Drumadoon Scotland, Health Professions 1 Cites [ Bailii ] - [ ScotC ] Thomas Noble Thomson v Her Majesty's Advocate [2001] ScotHC 2 26 Jan 2001 ScHC Scotland [ Bailii ] Helen Davina Mcpherson (Ap) v Perth and Kinross Council [2001] ScotCS 20 26 Jan 2001 SCS Lord Eassie Scotland [ Bailii ] - [ ScotC ] Elizabeth Mclaughlin v Michael Mclaughlin [2001] ScotSC 3 30 Jan 2001 ScSf Scotland [ Bailii ] Petition of Aslam Mohammed Ali for Suspension and Interdict v Lorna Jane Andrew Or Ali [2001] ScotCS 22 30 Jan 2001 SCS Lord Hamilton Scotland [ Bailii ] - [ ScotC ] Malcolm Thomas Cole T/A Le Sept Restaurant v Edward Duncan Lonie 30 Jan 2001 SCS Lord Dawson Scotland [ ScotC ] Malcolm Thomas Cole T/a Le Sept Restaurant v Edward Duncan Lonie [2001] ScotCS 21 30 Jan 2001 SCS Scotland [ Bailii ] Elizabeth Mclaughlin v Michael Mclaughlin 30 Jan 2001 ScSf Sheriff F.L. Reith Scotland [ ScotC ] Gaelic Assignments Ltd v Alex M Sharpe &C 31 Jan 2001 SCS Lord Hamilton Scotland [ ScotC ] Her Majesty's Advocate v Abdelbaset Ali Mohmed Al Megrahi and Al Amin Khalifa Fhimah 31 Jan 2001 HCJ Lord Sutherland And Lord Coulsfield And Lord Maclean Scotland, Crime 1 Cites 1 Citers [ ScotC ] Procurator Fiscal (Glasgow) v Morrison [2001] ScotSC 4 31 Jan 2001 ScSf Sheriff J.A. Taylor Scotland, Crime [ Bailii ] Semple Fraser v Ian Quayle [2001] ScotSC 5 31 Jan 2001 ScSf Sheriff J.A. Taylor Scotland [ Bailii ] - [ ScotC ] Gaelic Assignments Ltd v Alex M Sharpe &C [2001] ScotCS 23 31 Jan 2001 SCS Scotland [ Bailii ] David Alexander Kerr v Her Majesty's Advocate 1 Feb 2001 HCJ Lord Cameron of Lochbroom and Lord Carloway and Lord McCluskey Scotland, Crime [ ScotC ] David Alexander Kerr v Her Majesty's Advocate [2001] ScotHC 3 1 Feb 2001 ScHC Scotland [ Bailii ] Stuart Drury v Her Majesty's Advocate 2 Feb 2001 HCJ Lord Cameron of Lochbroom and Lord Johnston and Lord Nimmo Smith and Lord Mackay of Drumadoon and Lord Justice General Scotland, Crime [ ScotC ] Drury v Her Majesty's Advocate [2001] ScotHC HCJAC - 121 2 Feb 2001 HCJ Scotland, Crime [ Bailii ] Mercer v Coady [2001] ScotCS 24 2 Feb 2001 OHCS Lord Kirkwood Scotland [ Bailii ] - [ ScotC ] James Fraser and Daniel Heron, Determination By Charles W Mcfarlane Into the Deaths of 5 Feb 2001 ScSf Sheriff Charles W. McFarlane Scotland, Coroners [ ScotC ] Unity Trust Bank Plc v Martin Frost and Linda Frost 6 Feb 2001 SCS Lord Hamilton Scotland [ ScotC ] Unity Trust Bank Plc v Frost and Frost [2001] ScotCS 27 6 Feb 2001 SCS Scotland [ Bailii ] Unity Trust Bank Plc v Martin Frost and Linda Frost [2001] ScotCS 28 6 Feb 2001 SCS Scotland [ Bailii ] Karen Marie Anderson v Procurator Fiscal, Glasgow 8 Feb 2001 HCJ Lord Prosser and Lord Bonomy and Lord Cowie Scotland, Crime [ ScotC ] Karen Marie Anderson v Procurator Fiscal, Glasgow [2001] ScotHC 4 8 Feb 2001 ScHC Scotland [ Bailii ] William Dow (Potatoes) Limited v William Dow 13 Feb 2001 ScSf Sheriff John McInnes, QC Scotland [ ScotC ] Joyce Davies v Levi Strauss (Uk) Limited 13 Feb 2001 SCS T.G. Coutts, Q.C. Scotland [ ScotC ] Joyce Davies v Levi Strauss (UK) Limited [2001] ScotCS 32 13 Feb 2001 SCS Scotland [ Bailii ] Eileen Macdonald for Judicial Review of A Decision of the Western Isles Licensing Board [2001] ScotCS 33 13 Feb 2001 OHCS Lady Paton Scotland [ Bailii ] - [ ScotC ] William Dow (Potatoes) Limited v William Dow [2001] ScotSC 6 13 Feb 2001 ScSf Scotland [ Bailii ] Cathcart v Arnold Clark Limited [2001] ScotCS 31 13 Feb 2001 SCS T.G. Coutts, Q.C. Scotland [ Bailii ] - [ ScotC ] Pearson v Inquiry Reporter [2001] ScotCS 36 14 Feb 2001 SCS Scotland [ Bailii ] - [ ScotC ] Tenbey v Stolt Comex Seaway Ltd and Macgregor Energy Services Ltd [2001] ScotCS 37 14 Feb 2001 SCS Lord Osborne Scotland [ Bailii ] - [ ScotC ] Peter Thomas Smith v Her Majesty's Advocate 15 Feb 2001 HCJ Lord Coulsfield and Lord Cowie and Lord MacLean Scotland, Crime [ ScotC ] Smith v Her Majesty's Advocate [2001] ScotHC 5 15 Feb 2001 ScHC Scotland [ Bailii ] Her Majesty's Advocate v D.P. and S.M. [2001] ScotHC 115 16 Feb 2001 HCJ Scotland, Crime [ Bailii ] Thomas Combe Rankin v Wilson Terris and Co, S S C, and others 16 Feb 2001 SCS Lord Johnston Scotland [ ScotC ] Her Majesty's Advocate v Stephen Robert Kelly [2001] ScotHC 7 20 Feb 2001 ScHC Scotland [ Bailii ] Her Majesty's Advocate v Stephen Robert Kelly 20 Feb 2001 HCJ Lord Mackay of Drumadoon Scotland, Crime [ ScotC ] Compangnie Commerciale Andre S A v Artibell Shipping Co Ltd and the Governor and Company of the Bank of Scotland [2001] ScotCS 42; 2001 SC 653 21 Feb 2001 SCS Lord MacFadyen Scotland 1 Cites 1 Citers [ Bailii ] - [ ScotC ] Mrs Elaine Toumi v J Crossan 22 Feb 2001 ScSf Sheriff J.H. Stewart Scotland [ ScotC ] Mrs Elaine Toumi v Miss J Crossan [2001] ScotSC 7 22 Feb 2001 ScSf Scotland [ Bailii ] Petition of Morston Assets Limited for Judicial Review of a Decision of the City of Edinburgh Council [2001] ScotCS 44 23 Feb 2001 SCS Scotland [ Bailii ] Derek Michael Lappin v Procurator Fiscal, Ayr 23 Feb 2001 HCJ Lord Bonomy and Lord Cowie and Lord Prosser Scotland, Crime [ ScotC ] Christopher Simmons v British Steel Plc [2001] ScotCS 43; 2002 SLT 711 23 Feb 2001 OHCS Lord Hardie Scotland, Personal Injury The pursuer was injured at work. That exacerbated a pre-existing skin condition, which led in turn to depression. Held: the damage was too remote, and did not follow directly from the injury. 1 Cites 1 Citers [ Bailii ] - [ ScotC ] Petition of Morston Assets Limited for Judicial Review of A Decision of the City of Edinburgh Council 23 Feb 2001 SCS Lord Eassie Scotland [ ScotC ] Derek Michael Lappin v Procurator Fiscal, Ayr [2001] ScotHC 8 23 Feb 2001 ScHC Scotland [ Bailii ] Paul Currie v William Blackwood Clamp and Co-Operative Insurance Society Ltd [2001] ScotCS 45 27 Feb 2001 SCS Lord Clarke Scotland [ Bailii ] - [ ScotC ] Cameron (Scotland) Limited v Melville Dundas Limited [2001] ScotCS 46 28 Feb 2001 SCS Lord Hamilton Scotland [ Bailii ] - [ ScotC ] Scottish Enterprise and others v Robin William Henderson Mcgeachy and others 1 Mar 2001 SCS Lord President Scotland [ ScotC ] McGrory v Procurator Fiscal, Kirkcaldy 1 Mar 2001 HCJ Lord Coulsfield and Lord Hamilton and G.H. Gordon, Q.C. Scotland, Crime [ ScotC ] Scottish Enterprise and others v Robin William Henderson Mcgeachy and others [2001] ScotCS 47 1 Mar 2001 SCS Scotland [ Bailii ] Matthew Jack Welsh Morrison v Procurator Fiscal, Ayr 1 Mar 2001 HCJ Lord Coulsfield and Lord Hamilton and Sir G.H. Gordon, Q.C. Scotland, Crime [ ScotC ] Mcgrory v Procurator Fiscal, Kirkcaldy [2001] ScotHC 10 1 Mar 2001 ScHC Scotland [ Bailii ] Matthew Jack Welsh Morrison v Procurator Fiscal, Ayr [2001] ScotHC 9 1 Mar 2001 ScHC Scotland [ Bailii ] Kiernan Anthony Mclernan and Another v Mrs Ailish Mclernan Or Ash and others 6 Mar 2001 SCS Lord Eassie Scotland [ ScotC ] Flaws and Barclay v The International Oil Pollution Compensation Fund [2001] ScotCS 50 6 Mar 2001 SCS Lord Gill Scotland [ Bailii ] - [ ScotC ] Kiernan Anthony Mclernan and Another v Mrs Ailish Mclernan Or Ash and others [2001] ScotCS 49 6 Mar 2001 SCS Scotland [ Bailii ] White v White; SCS 6-Mar-2001 - [2001] ScotCS 48; 2001 SC 689; 2001 Fam LR 21; 2001 SCLR 607; 2001 SLT 485 James Smith and Mrs Patricia Smith v Lindsay and Kirk &C [2001] ScotCS 51 7 Mar 2001 SCS Lord Kingarth Scotland [ Bailii ] - [ ScotC ] Kathleen Duffy (Ap) v Lanarkshire Health Board [2001] ScotCS 52 7 Mar 2001 SCS Scotland [ Bailii ] Mclelland and Mclelland v Greater Glasgow Health Board [2001] ScotCS 53 7 Mar 2001 SCS Lord Prosser Scotland [ Bailii ] - [ ScotC ] Audrey Mary Aiken v the Board of Management of Aberdeen College 7 Mar 2001 SCS Lord Coulsfield Scotland [ ScotC ] Pet v South Ayrshire Council 7 Mar 2001 SCS Lord Hamilton Scotland [ ScotC ] Pet v South Ayrshire Council [2001] ScotCS 54 7 Mar 2001 SCS Scotland [ Bailii ] Kathleen Duffy (Ap) v Lanarkshire Health Board 7 Mar 2001 SCS Lord Prosser Scotland [ ScotC ] James Baird Crombie v Procurator Fiscal, Kirkcaldy 8 Mar 2001 HCJ Lord Bonomy and Lord Cowie and Lord Prosser Scotland, Crime [ ScotC ] Gary Follen v Her Majesty's Advocate DP No. 1 of 2000; [2001] UKPC D2 8 Mar 2001 PC Lord Bingham of Cornhill, Lord Hope of Craighead, Lord Millett Scotland, Crime, Human Rights PC High Court of Justiciary (Scotland) The defendant said that a trial under the section infringed his right to a fair trial, because of a ten month delay by the prosecutor. On arrest he had been recalled to serve the remainer of a sentence, and served longer than the 110 day maximum before his case came to trial. Held: Upon re-arrest he was serving the time under earlier sentence. The defendant had raised the devolution issue only at this stage. The Committee had itself no original jurisdiction to hear such a complaint. Following Montgomery, it had to be heard first in the High Court of Justiciary. In this case, the court refusing leave to appeal would have avoided much difficulty by giving reasons for its refusal. Where the Appeal Court refused leave without giving reasons, the Board might find it difficult to appreciate that a petition for special leave to appeal was without merit from the information given on paper by the petitioner. Misuse of Drugs Act 1971 4(3)(b) 1 Cites 1 Citers [ PC ] - [ PC ] - [ Bailii ] Christopher Anderson (No 126), John Black (No 128), Geoffrey Brown and Doreen Brown (No 133), Sheila Fowlie (No 143), Gordon and Linda Johnston (No 15 v the International Oil Pollution Compensation Fund and others [2001] ScotCS 55 8 Mar 2001 SCS Lord Gill Scotland [ Bailii ] - [ ScotC ] James Baird Crombie v Procurator Fiscal, Kirkcaldy [2001] ScotHC 11 8 Mar 2001 ScHC Scotland [ Bailii ] Caledonia Subsea Limited v Micoperi SRL Times, 06 September 2002; [2001] ScotCS 56 9 Mar 2001 SCS The Lord President (Lord Cullen), Lord Cameron of Lochbroom and Lord Marnoch Scotland, Jurisdiction, Contract The parties disputed which court should have jurisdiction to hear their contract dispute. Held: There has been an ongoing difference in the interpretation of the Rome Convention as to the relative weight to be given to the place of business of the parties, and the place of performance of the contract. Should article 2 be displaced by article 5 where the place of performance differed from the normal place of business as allowed under article 5. The article 2 presumption should prevail unless the article 5 comparison which, unlike paragraph 2, might involve difficulty and uncertainty, demonstrated a clear balance in favour of another country. Rome Convention applicable to the Law of Contractual Obligations 1980 2 4 5 1 Cites [ Bailii ] - [ ScotC ] Nasim Ahmed (Ap) for Judicial Review of A Decision Dated 17/6/99 of the Secretary of State for the Home Dept 9 Mar 2001 SCS Lord McEwan Scotland [ ScotC ] Nasim Ahmed (Ap) for Judicial Review of a Decision Dated 17/6/99 of the Secretary of State for the Home Department [2001] ScotCS 57 9 Mar 2001 SCS Scotland [ Bailii ] Royal Scottish Assurance Plc v Scottish Equitable Plc [2001] ScotCS 58 9 Mar 2001 OHCS A.B. Wilkinson, Q.C. Scotland [ Bailii ] - [ ScotC ] Watson Building Services Limited for Judicial Review of Actions and Decisions of Graham Harrision, Jackson Rowe Associates 13 Mar 2001 SCS Lady Paton Scotland [ ScotC ] Appeal Under Immigration and Asylum Act 1993 By Sadi Hakim 13 Mar 2001 SCS Lord Coulsfield Scotland [ ScotC ] Appeal Under Immigration and Asylum Act 1993 By Sadi Hakim [2001] ScotCS 59 13 Mar 2001 SCS Scotland [ Bailii ] Watson Building Services Limited for Judicial Review of Actions and Decisions of Graham Harrision, Jackson Rowe Associates [2001] ScotCS 60 13 Mar 2001 SCS Scotland [ Bailii ] East Lothian Council for Judicial Review of A Purported Decision of the District Valuer Dated 13Th April 1999 14 Mar 2001 SCS Lord Mackay of Drumadoon Scotland [ ScotC ] Irma Elina Helkimo Or Kennett Or Robertson v David Callum Robertson [2001] ScotCS 62 14 Mar 2001 SCS Scotland [ Bailii ] East Lothian Council for Judicial Review of a Purported Decision of the District Valuer Dated 13Th April 1999 [2001] ScotCS 61 14 Mar 2001 SCS Scotland [ Bailii ] Irma Elina Helkimo Or Kennett Or Robertson v David Callum Robertson 14 Mar 2001 SCS Lord Eassie Scotland [ ScotC ] Chartwell Land Investments Limited v AMECConstruction Scotland Limited 15 Mar 2001 SCS Lord Bonomy Scotland [ ScotC ] Duncan Charles Andrew Mckellar v The City of Aberdeen Council for Judicial Review of A Decision of the City of Aberdeen Council [2001] ScotCS 64 15 Mar 2001 SCS Lord MacLean Scotland [ Bailii ] - [ ScotC ] Jenners of Edinburgh v A J Norris (Known As Bowler) [2001] ScotSC 8 15 Mar 2001 ScSf Sheriff Principal R.A. Dunlop, Q.C. Scotland [ Bailii ] - [ ScotC ] Newcastle Building Society v Paterson Robertson and Graham [2001] ScotCS 66 20 Mar 2001 SCS Scotland [ Bailii ] Newcastle Building Society v Paterson Robertson and Graham 20 Mar 2001 SCS Lord Reed Scotland [ ScotC ] Helen Percy v An Order and Judgment of the Employment Appeal Tribunal Dated 22 March 1999 [2001] ScotCS 65; 2001 SC 757 20 Mar 2001 SCS Lord President and Lord Cameron of Lochbroom and Lord Caplan Scotland, Employment, Discrimination, Employment, Ecclesiastical Mrs Percy was a minister in the church. She appealed rejection of her claim for unfair dismissal and sex discrimination. Held: the court considered whether Ms Percy was employed by the Board of National Mission in terms of a 'contract personally to execute any work or labour'. After reviewing the authorities the Lord President enunciated a principle that where an appointment was made to a recognised form of ministry within the Church of Scotland, and where the duties of that ministry were essentially spiritual, it was to be presumed there was no intention that the arrangements made with the minister would give rise to obligations enforceable in the civil law. The presumption was rebuttable. In the present case the Lord President was not persuaded the parties intended to create relations enforceable in the civil courts. There was a rebuttable presumption that: "where the appointment was being made to a recognised form of ministry within the Church and where the duties of that ministry would be essentially spiritual, there would be no intention that the arrangements made with the minister would give rise to obligations enforceable in the civil law." 1 Citers [ Bailii ] - [ ScotC ] The Scottish Ministers v The Trustees of the Drummond Trust [2001] ScotCS 68 21 Mar 2001 SCS Scotland [ Bailii ] European and International Investments Inc v Mclaren Building Services Ltd &C [2001] ScotCS 67 21 Mar 2001 SCS Scotland [ Bailii ] William John Gunn v Anne Gillian Bowie Or Newman [2001] ScotCS 69 21 Mar 2001 OHCS Lord President Scotland 1 Cites [ Bailii ] - [ ScotC ] the Scottish Ministers v the Trustees of the Drummond Trust 21 Mar 2001 SCS Lord Carloway Scotland [ ScotC ] European and International Investments Inc v Mclaren Building Services Ltd &C 21 Mar 2001 SCS Lord Hamilton Scotland [ ScotC ] John Brown and Another v South Lanarkshire Council [2001] ScotCS 70 22 Mar 2001 OHCS Lord Cameron of Lochbroom Scotland [ Bailii ] - [ ScotC ] The Grampian Joint Police Board v The Hon Charles A Pearson 22 Mar 2001 SCS Lord President and Lord Caplan and Lord MacLean Scotland [ ScotC ] The Grampian Joint Police Board v the Hon Charles a Pearson [2001] ScotCS 71 22 Mar 2001 SCS Scotland [ Bailii ] Moss Bros Group Plc v Scottish Mutual Assurance Plc 23 Mar 2001 SCS Lord Macfadyen Scotland [ ScotC ] Moss Bros Group Plc v Scottish Mutual Assurance Plc [2001] ScotCS 73 23 Mar 2001 SCS Scotland [ Bailii ] Her Majesty's Advocate v Michael Mac Mowat [2001] ScotHC 12 23 Mar 2001 ScHC Scotland [ Bailii ] Her Majesty's Advocate v Michael Mac Mowat 23 Mar 2001 HCJ Lord Osborne Scotland, Crime [ ScotC ] Gordon Downie v Fife Council and others [2001] ScotCS 74 27 Mar 2001 SCS Lord Penrose Scotland [ Bailii ] - [ ScotC ] James Wright v Scottbridge Construction Ltd EAT/1050/00; (2001) IRLR 589 27 Mar 2001 EAT The Honourable Lord Johnston Employment, Scotland EAT Contract of Employment - Breach of Contract National Minimum Wage Regulations 1999 15 1 Cites 1 Citers Glennie v Her Majesty's Advocate [2001] ScotHC 13 27 Mar 2001 HCJ Lord Cameron of Lochbroom and Lord Mackay of Drumadoon and Sir G.H. Gordon, Q.C. Scotland, Crime [ Bailii ] - [ ScotC ] Andrew Carnegie v the Lord Advocate As Prepresenting the Ministry of Defence [2001] ScotCS 75 28 Mar 2001 SCS Scotland [ Bailii ] Kulwinder Singh Saini v Secretary of State for Home Department [2001] ScotCS 76 28 Mar 2001 SCS Scotland [ Bailii ] Kulwinder Singh Saini v Secretary of State for Home Department 28 Mar 2001 SCS Lord Prosser and Lord Clarke and Lord Kingarth Scotland [ ScotC ] Andrew Carnegie v the Lord Advocate As Prepresenting the Ministry of Defence 28 Mar 2001 SCS Lord Milligan and Lord Marnoch and Lord Johnston Scotland [ ScotC ] Derek Patrick Cooney v Dumfries and Galloway Council [2001] ScotCS 77 29 Mar 2001 SCS Scotland [ Bailii ] Renyana-Stahl Anstalt v Alasdair Macgregor and Another [2001] ScotCS 78 29 Mar 2001 SCS Scotland [ Bailii ] Renyana-Stahl Anstalt v Alasdair Macgregor and Another 29 Mar 2001 SCS Lord Macfadyen Scotland [ ScotC ] Derek Patrick Cooney v Dumfries and Galloway Council 29 Mar 2001 SCS Lord Prosser Scotland [ ScotC ] Lord Advocate's Reference No 1 of 2000 By Her Majesty's Advocate Referring for the Opinion of the High Court on Points of Law (Trident) v Angela Zelter and Bodil Ulla Roder and Ellen Moxley [2001] ScotHC 15 30 Mar 2001 ScHC Scotland [ Bailii ] Hamilton and Stebbings Inc v Allied Domecq Plc; OHCS 30-Mar-2001 - 2001 SC 829; [2001] ScotCS 80 Nova Glaze Replacement Windows Limited v Clark Thomson and Co 30 Mar 2001 SCS Lord Eassie Scotland [ ScotC ] Catherine Ryrie Sandison v Graham Begg Limited 30 Mar 2001 SCS Lord Mackay of Drumadoon Scotland [ ScotC ] Catherine Ryrie Sandison v Graham Begg Limited [2001] ScotCS 79 30 Mar 2001 SCS Scotland [ Bailii ] Nova Glaze Replacement Windows Limited v Clark Thomson and Co [2001] ScotCS 81 30 Mar 2001 SCS Scotland [ Bailii ] S v Principal Reporter and Lord Advocate [2001] ScotCS 82 30 Mar 2001 SCS Scotland 1 Cites [ Bailii ] - [ ScotC ] Lord Advocate's Reference No 1 of 2000 By Her Majesty's Advocate Referring for the Opinion of the High Court on Points of Law (Trident) v Zelter and Roder and Moxley 30 Mar 2001 HCJ Lord Prosser and Lord Penrose and Lord Kirkwood Scotland, Crime [ ScotC ] Dougan v Lanarkshire Acute Hospitals NHS Trust; OHCS 3-Apr-2001 - [2001] ScotCS 83 Barclay v Renfrewshire Council [2001] ScotCS 84 3 Apr 2001 OHCS Lord Cameron of Lochbroom Scotland [ Bailii ] - [ ScotC ] Petition of Alan Macintyre for Judicial Review of a Decision of the Crofters Commission [2001] ScotCS 85 5 Apr 2001 SCS Scotland, Land [ Bailii ] Petition of Alan Macintyre for Judicial Review of A Decision of the Crofters Commission 5 Apr 2001 SCS Lord MacLean Scotland [ ScotC ] Mrs Joyce Mclean v Mis Katrina Dornan and Dumfries and Galloway Council [2001] ScotSC 9 6 Apr 2001 ScSf Sheriff John McInnes, QC Scotland [ Bailii ] - [ ScotC ] Tods Murray Ws v Arakin Limited [2001] ScotCS 87 10 Apr 2001 SCS Scotland [ Bailii ] Atlast Investments Limited for Judicial Review of A Decision of Glasgow City Council Dated 31 October 2000 [2001] ScotCS 86 10 Apr 2001 OHCS Lord Hamilton Scotland [ Bailii ] - [ ScotC ] Tods Murray WS v Arakin Limited 10 Apr 2001 SCS Lord Prosser Scotland [ ScotC ] Allseas UK Limited v Greenpeace Limited [2001] ScotCS 88 11 Apr 2001 SCS Lord Wheatley Scotland [ Bailii ] - [ ScotC ] Petition of Joseph Granger To the Nobile Officium [2001] ScotHC 17 11 Apr 2001 ScHC Scotland [ Bailii ] John Stewart for Judicial Review of Continued Detention of Petitioner In Saughton Prison [2001] ScotCS 89 11 Apr 2001 SCS Lord Cameron of Lochbroom and Lord Marnoch and Lord Morison Scotland, Prisons [ Bailii ] - [ ScotC ] Anthony Grundy v Procurator Fiscal, Airdrie [2001] ScotSC 10 11 Apr 2001 ScSf Sheriff I.C. Simpson, Esq, Advocate Scotland [ Bailii ] - [ ScotC ] Petition of Joseph Granger To the Nobile Officium 11 Apr 2001 HCJ Lord Hardie Scotland, Crime [ ScotC ] O'Sullivan v Slater Or O'Sullivan [2001] ScotSC 11 18 Apr 2001 ScSf Scotland [ Bailii ] Blyth and Blyth Limited v Carillon Construction Limited 18 Apr 2001 SCS Lord Eassie Scotland [ ScotC ] Blyth and Blyth Limited v Carillon Construction Limited [2001] ScotCS 90 18 Apr 2001 SCS Scotland [ Bailii ] O'Sullivan v Slater Or O'Sullivan 18 Apr 2001 ScSf Sheriff John McInnes, QC Scotland [ ScotC ] James Macgregor Fairlie v Perth and Kinross Healthcare NHS Trust and Another [2001] ScotCS 93 20 Apr 2001 OHCS T.G. Coutts QC Scotland, Negligence 1 Cites 1 Citers [ Bailii ] - [ ScotC ] Meldrum v Crolla [2001] ScotCS 91 20 Apr 2001 SCS T.G. Coutts, Q.C. Scotland [ Bailii ] - [ ScotC ] Mary Robertson (Ap) for Judicial Review of A Decision of Fife Council 20 Apr 2001 SCS Lord President Scotland [ ScotC ] In the Petition D for an Order Under the Child Abduction and Custody Act 1985 20 Apr 2001 SCS T.G. Coutts, Q.C. Scotland, Children Child Abduction and Custody Act 1985 [ ScotC ] In the Petition D for an Order Under the Child Abduction and Custody Act 1985 [2001] ScotCS 92 20 Apr 2001 SCS Scotland, Children Child Abduction and Custody Act 1985 [ Bailii ] Mary Robertson (Ap) for Judicial Review of a Decision of Fife Council [2001] ScotCS 94 20 Apr 2001 SCS Scotland [ Bailii ] Gordon Laing v Thistle Hotels Plc 23 Apr 2001 SCS Lord Eassie Scotland [ ScotC ] Gordon Laing v Thistle Hotels Plc [2001] ScotCS 95 23 Apr 2001 SCS Scotland [ Bailii ] Mcintosh and Another v Macgill and others and Scottish Borders Council [2001] ScotCS 97 24 Apr 2001 SCS T.G. Coutts, Q.C. Scotland [ Bailii ] Smith v Shaw and Mcinnes Limited [2001] ScotCS 96 24 Apr 2001 SCS Scotland [ Bailii ] Messrs Westerhall Farms v the Scottish Ministers [2001] ScotCS 98 25 Apr 2001 SCS Scotland [ Bailii ] Messrs Westerhall Farms v the Scottish Ministers 25 Apr 2001 SCS Lord Carloway Scotland [ ScotC ] Manjit Singh and Jaswinder Singh v Her Majesty's Advocate 26 Apr 2001 HCJ Lord Cameron of Lochbroom and Lord Macfadyen and Lord Weir Scotland, Crime [ ScotC ] David John Chant v Her Majesty's Advocate 26 Apr 2001 HCJ Lord Justice General and Lady Paton and Lord Weir Scotland, Crime [ ScotC ] Xi Lin Chen (Ap) for Judicial Review of a Decision of the Secretary of State for the Home Department [2001] ScotCS 99 26 Apr 2001 SCS Scotland [ Bailii ] Xi Lin Chen (Ap) for Judicial Review of A Decision of the Secretary of State for the Home Department 26 Apr 2001 SCS Lord Kingarth Scotland [ ScotC ] David John Chant v Her Majesty's Advocate [2001] ScotHC 19 26 Apr 2001 ScHC Scotland [ Bailii ] Manjit Singh and Jaswinder Singh v Her Majesty's Advocate [2001] ScotHC 20 26 Apr 2001 ScHC Scotland [ Bailii ] Procurator Fiscal, Linlithgow v Watson and Burrows [2001] ScotHC 22 27 Apr 2001 HCJ Lord Hamilton and Lord Milligan and Sir G.H. Gordon, Q.C. Scotland, Crime [ Bailii ] - [ ScotC ] Quinn v Weir Systems Ltd [2001] UKEAT 1317 - 00 - 2704 27 Apr 2001 EAT Lord Jonston Employment, Scotland 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. 1 Cites [ Bailii ] John Hemphill v Her Majesty's Advocate [2001] ScotHC 21 27 Apr 2001 HCJ Lord Cameron of Lochbroom and Lord McCluskey and Lord Milligan Scotland, Crime 1 Cites 1 Citers [ Bailii ] - [ ScotC ] Isabella Doris Briggs Or Broadway v Clydesdale Bank Plc [2001] ScotCS 100 27 Apr 2001 OHCS Lord Macfadyen Scotland [ Bailii ] - [ ScotC ] Brian Grant v Mr A G Brown, the Chief Constable of Grampian Police 1 May 2001 SCS Lord Johnston Scotland [ ScotC ] Christopher Shepherd v the Scottish Ministers for Judicial Review 1 May 2001 SCS Lord Carloway Scotland [ ScotC ] Grant v Brown, the Chief Constable of Grampian Police [2001] ScotCS 101 1 May 2001 SCS Scotland, Negligence 1 Cites [ Bailii ] Christopher Shepherd v the Scottish Ministers for Judicial Review [2001] ScotCS 102 1 May 2001 SCS Scotland [ Bailii ] T v A and Dundee City Council [2001] ScotSC 12 1 May 2001 ScSf Scotland [ Bailii ] Eccard Dombrowicz v Shirley Gray Or Dumbrowicz for an Order Under the Child Abduction and Custody Act 1985 2 May 2001 SCS Lord Carloway Scotland [ ScotC ] Dombrowicz v Gray Or Dumbrowicz for an Order Under the Child Abduction and Custody Act 1985; SCS 2-May-2001 - [2001] ScotCS 103 Petition To the Nobile Officium By the British Broadcasting Corporation; ScHC 2-May-2001 - [2001] ScotHC 23 Petition To the Nobile Officium By the British Broadcasting Corporation 2 May 2001 HCJ Lord Abernethy and Lord Justice General and Lord Kirkwood Scotland, Crime [ ScotC ] Avril Cowan In Room and Place of Malcolm H Cowan v Her Majesty's Advocate [2001] ScotHC 24 3 May 2001 HCJ Lord Coulsfield and Lord Nimmo Smith and Sir G.H. Gordon, Q.C. Scotland, Crime [ Bailii ] - [ ScotC ] Gordon Wylie v George Friel 4 May 2001 SCS Lord Eassie Scotland [ ScotC ] Thomson Pettie Tube Products Ltd v Ian G Hogg and others 4 May 2001 SCS Lord Hamilton Scotland [ ScotC ] Gordon Wylie v George Friel [2001] ScotCS 104 4 May 2001 SCS Scotland [ Bailii ] John Kane v Her Majesty's Advocate [2001] ScotCS 106 4 May 2001 SCS Scotland [ Bailii ] John Kane v Her Majesty's Advocate 4 May 2001 SCS Lord Coulsfield Scotland [ ScotC ] Thomson Pettie Tube Products Ltd v Ian G Hogg and others [2001] ScotCS 107 4 May 2001 SCS Scotland [ Bailii ] Her Majesty's Advocate v Alexander Touatti [2001] ScotHC 26 4 May 2001 ScHC Scotland [ Bailii ] Kevin Glancy v Her Majesty's Advocate [2001] ScotHC 27 4 May 2001 ScHC Scotland [ Bailii ] Reid and others v BP Oil Grangemouth Refinery Ltd [2001] ScotCS 108 8 May 2001 SCS Scotland [ Bailii ] Dr J H Brewster and Dr A R Bulcraig and Dr Gillian Davidson and Dr Shona Sinclair (Trading As the Medical Practice, Stanley) v Tayside Primary Care NHS Trust and W Davidson and Sons Ltd and the Scottish Ministers for Judicial Review [2001] ScotCS 110 10 May 2001 OHCS Lord Carloway Scotland [ Bailii ] - [ ScotC ] Clackmannanshire Council v Tullis Plastics Ltd [2001] ScotCS 109 10 May 2001 SCS Scotland [ Bailii ] Clackmannanshire Council v Tullis Plastics Ltd 10 May 2001 SCS Lord Macfadyen Scotland [ ScotC ] Gourlay Or Dickson v Her Majesty's Advocate [2001] ScotHC 28; 2001 JC 203; 2001 GWD 16-595; 2001 SCCR 397; 2001 SLT 674 10 May 2001 HCJ Lord Cameron of Lochbroom and Lord Hamilton and Lord Macfadyen and Lord Milligan and Lord Weir Scotland, Crime 1 Cites 1 Citers [ Bailii ] - [ ScotC ] Kathleen Haughan v Odd Haughan [2001] ScotCS 112 11 May 2001 SCS Scotland [ Bailii ] Kathleen Haughan v Odd Haughan 11 May 2001 SCS T.G. Coutts, Q.C. Scotland [ ScotC ] George Mccarron v Her Majesty's Advocate 11 May 2001 HCJ Lord Cameron of Lochbroom and Lady Paton and Lord Justice General Scotland, Crime [ ScotC ] McCutcheon v Her Majesty's Advocate [2001] ScotHC 30 11 May 2001 HCJ Lord Nimmo Smith and Lord Justice General and Lord Osborne Scotland, Crime [ Bailii ] - [ ScotC ] George Mccarron v Her Majesty's Advocate [2001] ScotHC 29 11 May 2001 ScHC Scotland [ Bailii ] Gilbert Skinner v Aberdeen City Council [2001] ScotCS 111 11 May 2001 OHCS Lady Paton Scotland [ Bailii ] - [ ScotC ] Isobel Robertson v Lorna Anderson [2001] ScotCS 114 15 May 2001 SCS Scotland [ Bailii ] Marenghi v The Western Baths Club [2001] UKEAT 1508 - 00 - 1505 15 May 2001 EAT Lindsay J P Employment, Scotland EAT The claimant appealed against a finding that she had not been unfairly dismissed after she had refused what the employer said was an appropriate alternative position. Employment Rights Act 1996 98 [ Bailii ] Isobel Robertson v Lorna Anderson 15 May 2001 SCS Lord Carloway Scotland [ ScotC ] Gifford William Bruce v Keith Robert William Kordula and others 15 May 2001 SCS Lord Hamilton Scotland [ ScotC ] Gifford William Bruce v Keith Robert William Kordula and others [2001] ScotCS 113 15 May 2001 SCS Scotland [ Bailii ] Mary Foy (Ap) v Monklands and Bellshill Hospital NHS Trust [2001] ScotCS 115 16 May 2001 SCS T.G. Coutts QC Scotland [ Bailii ] - [ ScotC ] William Grant and others v Glen Catrine Bonded Warehouse and others [2001] ScotCS 116 16 May 2001 OHCS Lord President Scotland [ Bailii ] - [ ScotC ] Clydesdale Bank Plc and Clydesdale Bank Plc v Spencer and Spencer [2001] ScotCS 118 18 May 2001 SCS Lord Macfadyen Scotland [ Bailii ] - [ ScotC ] Legal and General Assurance Society Ltd v Tesco Stores Limited [2001] ScotCS 119 18 May 2001 SCS Lord Hamilton Scotland [ Bailii ] - [ ScotC ] Gordon Craig v Her Majesty's Advocate 18 May 2001 HCJ Lord Kirkwood and Lady Cosgrove and Lord MacLean Scotland, Crime [ ScotC ] Barbara Jayne Flury Or Briggs Constable and Helen May Quail Howie and David Edward Quail Howie for the Appointment of A Tutor Dative To Laura Claire Mcguinness Or Howie v There Is No Opinion Available for Issue In Ther Case [2001] ScotCS 117 18 May 2001 SCS Scotland [ Bailii ] Her Majesty's Advocate v David Bain [2001] ScotHC 31 22 May 2001 ScHC Scotland [ Bailii ] Her Majesty's Advocate v David Bain 22 May 2001 HCJ Lord Reed Scotland, Crime [ ScotC ] Sneddon v Forth Valley Health Board [2001] ScotCS 120 23 May 2001 SCS Lord Johnston Scotland [ Bailii ] - [ ScotC ] Nazim Sattat (O/W Known As Mohammed Nazimudden) (Ap) for Judicial Review of Decisions of A Special Adjudicator and the Immigration Appeal Tribunal 24 May 2001 SCS Lord Mackay of Drumadoon Scotland, Immigration [ ScotC ] Nazim Sattat (O/W Known As Mohammed Nazimudden) (Ap) for Judicial Review of Decisions of a Special Adjudicator and the Immigration Appeal Tribunal [2001] ScotCS 122 24 May 2001 SCS Scotland, Immigration [ Bailii ] P M R and J A A B v Aberdeen City Council [2001] ScotCS 126 25 May 2001 SCS Scotland [ Bailii ] Britannia Building Society v John Bernard Clarke and others [2001] ScotCS 123 25 May 2001 SCS Scotland [ Bailii ] Britannia Building Society v John Bernard Clarke and others 25 May 2001 SCS Lord Macfadyen Scotland [ ScotC ] Royal Bank of Scotland v John Muir Tominey [2001] ScotCS 127 25 May 2001 OHCS Lord Coulsfield Scotland [ Bailii ] - [ ScotC ] P M R and J A A B v Aberdeen City Council 25 May 2001 SCS Lord Cameron of Lochbroom and Lord Penrose and Lord McCluskey Scotland [ ScotC ] Ackerman v Blackburn and Logan and the Right Honourable Lord Hardie of Blackford [2001] ScotCS 125 25 May 2001 SCS Lord Cameron of Lochbroom Scotland 1 Cites [ Bailii ] - [ ScotC ] Codona v Taylor and Taylor for Judicial Review of Decisions of the Appeal Tribunal of the Showmen's Guild of Great Brittain; SCS 25-May-2001 - [2001] ScotCS 124 Professor Charles Duncan Rice and others v Andrew Jamieson and Another for Rectification of Two Dispositions 29 May 2001 SCS Lord Johnston Scotland [ ScotC ] Nicolson v Tait and Paterson and C [2001] ScotCS 129 29 May 2001 SCS Scotland [ Bailii ] McMillan v Procurator Fiscal, Lanark [2001] ScotHC 32 29 May 2001 HCJ Lord Caplan and Lord Cameron of Lochbroom and Lord Hamilton Scotland, Crime [ Bailii ] - [ ScotC ] Nicolson v Tait and Paterson &C 29 May 2001 SCS Lord Gill Scotland [ ScotC ] Franklin v Brown, the Chief Constable of Grampian Police [2001] ScotCS 134 30 May 2001 SCS Scotland [ Bailii ] George Paton v Tube Developments Ltd [2001] ScotCS 132 30 May 2001 SCS Scotland [ Bailii ] Cheltenham and Gloucester Plc v Sun Alliance and London Insurance Plc 30 May 2001 SCS Lord President Scotland [ ScotC ] Bryant Homes (Scotland) Ltd v Secretary of State for Scotland 30 May 2001 SCS Lord Johnston Scotland [ ScotC ] Gurjit Singh for Judicial Review of A Determination of A Special Adjudicator and the Immigration Appeal Tribunal [2001] ScotCS 133 30 May 2001 OHCS Lady Paton Scotland, Immigration [ Bailii ] - [ ScotC ] Ruth McDonald Martin Or Gray v Andrew David Gray [2001] ScotSC 13 30 May 2001 ScSf Scotland [ Bailii ] Ruth Mcdonald Martin Or Gray v Andrew David Gray [2001] ScotSC 14 30 May 2001 ScSf Scotland [ Bailii ] Franklin v Brown, the Chief Constable of Grampian Police 30 May 2001 SCS Lord McEwan Scotland [ ScotC ] George Paton v Tube Developments Ltd 30 May 2001 SCS T.G. Coutts, Q.C. Scotland [ ScotC ] Ruth Mcdonald Martin Or Gray v Andrew David Gray 30 May 2001 ScSf Sheriff A.L. Stewart Scotland [ ScotC ] Cheltenham and Gloucester Plc v Sun Alliance and London Insurance Plc [2001] ScotCS 131 30 May 2001 SCS Scotland [ Bailii ] Bryant Homes (Scotland) Ltd v Secretary of State for Scotland [2001] ScotCS 130 30 May 2001 SCS Scotland [ Bailii ] Her Majesty's Advocate v Karen Halliday Skilbeck Or Wright and Matthew Wright 31 May 2001 SCS Lord Prosser Scotland [ ScotC ] Iain Tait Strachan v the Scottish Boatowners' Mutual Insurance Association [2001] ScotCS 138 31 May 2001 SCS Scotland [ Bailii ] Robert Phillips McShane v Procurator Fiscal, Edinburgh [2001] ScotHC 33 31 May 2001 ScHC Scotland [ Bailii ] Robert Phillips McShane v Procurator Fiscal, Edinburgh 31 May 2001 HCJ Lord Cameron of Lochbroom and Lord Caplan and Lord Marnoch Scotland, Crime [ ScotC ] Iain Tait Strachan v the Scottish Boatowners' Mutual Insurance Association 31 May 2001 SCS Lord Eassie Scotland [ ScotC ] Ron Haylock and Another v David S Dow [2001] ScotCS 139 31 May 2001 SCS Scotland [ Bailii ] Alexander Wallace Mercer v Heart of Midlothian Plc [2001] ScotCS 135 31 May 2001 OHCS Lord Macfadyen Scotland [ Bailii ] - [ ScotC ] Her Majesty's Advocate v Karen Halliday Skilbeck Or Wright and Matthew Wright [2001] ScotHC 117 31 May 2001 HCJ Scotland, Crime [ Bailii ] Her Majesty's Advocate v Karen Halliday Skilbeck Or Wright and Matthew Wright [2001] ScotCS 137 31 May 2001 SCS Scotland [ Bailii ] Peebles v Bowman (Formerly Peebles) (Ap) and Another [2001] ScotCS 136 31 May 2001 OHCS Lord Eassie Scotland [ Bailii ] - [ ScotC ] Ron Haylock and Another v David S Dow 31 May 2001 SCS Lord Eassie Scotland [ ScotC ] Ronald Mclean v Her Majesty's Advocate [2001] ScotHC 34 1 Jun 2001 ScHC Scotland [ Bailii ] Lynda Clark, Advocate General v Roderick Kenneth William Macdonald 1 Jun 2001 SCS Lord Prosser Scotland [ ScotC ] S P v L S [2001] ScotCS 141 1 Jun 2001 SCS Scotland [ Bailii ] Mark George Thomson v Michael Coutts [2001] ScotSC 15 1 Jun 2001 ScSf Sheriff Graham K. Buchanan Scotland The pursuer sought damages, and the defender asserted res judicata, in that this was in effect an attempt by the pursuer to recover his damages in instalments. Following an accident, damages had been awarded. The pursuer now sought to recover his uninsured losses. Courts should not encourage a multiplicity of suits, and the Defender was entitled to decree of absolvitor 1 Cites [ Bailii ] - [ ScotC ] S P v L S 1 Jun 2001 SCS Lord Prosser Scotland [ ScotC ] Lynda Clark, Advocate General v Roderick Kenneth William Macdonald [2001] ScotCS 140 1 Jun 2001 SCS Scotland [ Bailii ] Ronald Mclean v Her Majesty's Advocate 1 Jun 2001 HCJ Lord Cameron of Lochbroom and Lord Justice General and Lord Weir Scotland, Crime [ ScotC ] Catscratch Limited and Lettuce Holdings Limited for Judicial Review of Decisions of the City of Glasgow Licensing Board 4 Jun 2001 SCS Lord Johnston Scotland [ ScotC ] Catscratch Limited and Lettuce Holdings Limited for Judicial Review of Decisions of the City of Glasgow Licensing Board [2001] ScotCS 142 4 Jun 2001 SCS Scotland [ Bailii ] Peter David Kelly v Her Majesty's Advocate 6 Jun 2001 HCJ Lord Justice General and Lord Nimmo Smith and Lord Osborne Scotland, Crime [ ScotC ] Peter David Kelly v Her Majesty's Advocate [2001] ScotHC 35 6 Jun 2001 ScHC Scotland, Criminal Practice [ Bailii ] Petition of Provan v Swan and others [2001] ScotCS 146 7 Jun 2001 SCS Scotland [ Bailii ] Alan O'Brien and Michael Ryan v Her Majesty's Advocate [2001] ScotHC 36 7 Jun 2001 HCJ Lord Prosser and Lord Cowie and Lord MacLean Scotland, Crime [ Bailii ] - [ ScotC ] Petition of John Provan v Charles Swan and others 7 Jun 2001 SCS Lord McEwan Scotland [ ScotC ] Robbie the Pict v Procurator Fiscal, Dingwall 8 Jun 2001 HCJ Lord Coulsfield and Lord Kingarth and Lord Prosser Scotland, Crime [ ScotC ] Matthewson v The Scottish Ministers; OHCS 10-Jun-2001 - Times, 24 October 2001 Kenneth Anthony Paton Mills v Her Majesty's Advocate [2001] ScotHC 39 11 Jun 2001 ScHC Scotland [ Bailii ] Kenneth Anthony Paton Mills v Her Majesty's Advocate 11 Jun 2001 HCJ Lord Coulsfield and Lord Justice General and Lord Osborne Scotland, Crime [ ScotC ] Allan Bryan Rennie v Her Majesty's Advocate [2001] ScotHC 40 13 Jun 2001 ScHC Scotland [ Bailii ] Law Hospitals NHS Trust v Rush [2001] IRLR 611; 2001 GWD 21-810; [2001] ScotCS 149; 2002 SC 24; 2002 SLT 7 13 Jun 2001 SCS Lord Kirkwood Scotland, Employment, Discrimination The claimant had said that the effect of her dyslexia was to inhibit her career progress. Held:It was right for a tribunal to have regard to how an applicant could carry out duties at work in deciding whether she was within the Disability Discrimination Act. Evidence of how the claimant carries out normal day-to-day activities while at work is relevant evidence. However, on the facts, the decision that the claimant was disabled should not be disturbed. Disability Discrimination Act 1995 1 Citers [ Bailii ] Mitsui Babcock Energy Services Limited for Judicial Review of a Decision By Janey L Milligan, Jlm Construction Dispute Resolution Ltd, 4 Park Gate, G [2001] ScotCS 150 13 Jun 2001 SCS Lord Hardie Scotland [ Bailii ] - [ ScotC ] Law Hospital NHS Trust v Rush; re an Order and Justment of the Employment Appeal Tribunal Dated 21st January 2000 [2001] ScotCS 149; 2002 SC 24; [2001] IRLR 611 13 Jun 2001 IHCS Lord Kirkwood Scotland, Employment Disability Discrimination Act 1995 1 Cites 1 Citers [ Bailii ] - [ ScotC ] G and S Properties v Donald Francis and Another [2001] ScotCS 148 13 Jun 2001 SCS Lord Coulsfield Scotland, Agency The pursuers were contracted to sell a property with sole selling rights. The contract was terminable on two weeks notice. Notice was given, and another company engaged. A buyer confused the two agents and obtained details from the pursuer's office, and later bought. The pursuer sought payment for the sale. The Sherriff had declined to allow a claim where a purchaser was introduced outside the sole selling agency period, interpreting the clauses contra preferentem. The agency appealed refusal of its claim. Held: The appeal failed. The case of Harwood concerned a contract with the same wording and was important for this case, but what was meant by an 'introduction' in the Harwood case wa settled by a concession which did not apply in this case, and may be unsound. The contra preferentem rule applies "where the terms of the contract are, in effect, dictated by one party and can only be accepted or rejected by the other, the contract should, where the meaning is doubtful, be read in the sense least advantageous to the party who drafted it. " The terms here were not drafted by the pursuers, but derived from consumer protection regulations. Estate Agents (Provision of Information) Regulations 1991 - Estate Agents Act 1979 18 1 Cites [ Bailii ] - [ ScotC ] Scottish Lion Engineering Limited v Thomas Benson and others 13 Jun 2001 SCS T.G. Coutts, Q.C. Scotland [ ScotC ] Catherine Gallagher v Lanarkshire Health Board [2001] ScotCS 147 13 Jun 2001 SCS Scotland [ Bailii ] William M Mcphee v Her Majesty's Advocate [2001] ScotHC 43 13 Jun 2001 ScHC Scotland [ Bailii ] Scottish Lion Engineering Limited v Thomas Benson and others [2001] ScotCS 151 13 Jun 2001 SCS Scotland [ Bailii ] John Cochrane v Her Majesty's Advocate [2001] ScotHC 41 13 Jun 2001 HCJ Lord Cowie and Lord Justice General and Lord Marnoch Scotland, Crime 1 Cites [ Bailii ] - [ ScotC ] William M Mcphee v Her Majesty's Advocate 13 Jun 2001 HCJ Lord Cowie and Lord Justice General and Lord Marnoch Scotland, Crime [ ScotC ] Allan Bryan Rennie v Her Majesty's Advocate 13 Jun 2001 HCJ Lord Justice General and Lord Osborne and Lord Nimmo Smith Scotland, Crime [ ScotC ] Catherine Gallagher v Lanarkshire Health Board 13 Jun 2001 SCS T.G. Coutts, Q.C. Scotland [ ScotC ] Robert Samuel Napier v Procurator Fiscal, Linlithgow [2001] ScotHC 42 13 Jun 2001 ScHC Lord Coulsfield and Lord Caplan and Lord Osborne Scotland, Crime [ Bailii ] - [ ScotC ] Barry Cussick and Kenneth Rattray v Her Majesty's Advocate 14 Jun 2001 HCJ Lord MacLean and Lady Cosgrove and Lord Kirkwood Scotland, Crime [ ScotC ] Barr Limited v Law Mining Limited [2001] ScotCS 152 15 Jun 2001 SCS Scotland [ Bailii ] Douglas Stewart for Judicial Review [2001] ScotCS 154 15 Jun 2001 OHCS Lord Mackay of Drumadoon Scotland [ Bailii ] - [ ScotC ] Barr Limited v Law Mining Limited 15 Jun 2001 SCS Lord Macfadyen Scotland [ ScotC ] Her Majesty's Advocate v William Wilson and Peter Gerrard Cairns and David Wilson and Garry Connell Wales and Ronald Alexander McCarlie and Timothy Harris 15 Jun 2001 HCJ Lord Reed Scotland, Crime [ ScotC ] Digby Brown v Laura Ackerman [2001] ScotCS 153 15 Jun 2001 OHCS Lord Macfadyen Scotland [ Bailii ] - [ ScotC ] Pet v South Ayrshire Council (No 2) 19 Jun 2001 SCS Lord Hamilton Scotland [ ScotC ] E D v S G D for an Order Under the Child Abduction and Custody Act 1985 19 Jun 2001 SCS Lord Coulsfield Scotland [ ScotC ] ED v SGD for an Order Under the Child Abduction and Custody Act 1985 [2001] ScotCS 155 19 Jun 2001 SCS Scotland, Children Child Abduction and Custody Act 1985 [ Bailii ] Pet v South Ayrshire Council (No 2) [2001] ScotCS 156 19 Jun 2001 SCS Scotland [ Bailii ] Hugh Mcbain Urquhart and Mrs Deanna Urquhart v Owen James Sweeney and Larkin Brae Horse Farm Limited [2001] ScotCS 157 20 Jun 2001 SCS Scotland [ Bailii ] Peter Chidi Nwokoye for Judicial Review of a Decision of the Secretary of State for the Home Department [2001] ScotCS 158 20 Jun 2001 SCS Scotland [ Bailii ] Peter Chidi Nwokoye for Judicial Review of A Decision of the Secretary of State for the Home Department 20 Jun 2001 SCS Lord MacLean Scotland [ ScotC ] Hugh Mcbain Urquhart and Mrs Deanna Urquhart v Owen James Sweeney and Larkin Brae Horse Farm Limited 20 Jun 2001 SCS Lord Cameron of Lochbroom Scotland [ ScotC ] Ballast Plc v The Burrell Company (Construction Management) Limited; SCS 21-Jun-2001 - Times, 09 October 2001; [2001] ScotCS 159 Robert Bain v Andrew Robert Bain and others 22 Jun 2001 SCS Lord Dawson Scotland [ ScotC ] James Edward Beck v United Closures and Plastics Plc [2001] ScotCS 160; (2001) SLT 1299 22 Jun 2001 SCS Lord McEwan Scotland, Health and Safety Two heavy doors in which the pursuer trapped his hand were not within the definition of workplace, which contemplated open spaces, but did constitute work equipment in terms of the 1998 Regulations. 1 Citers [ Bailii ] - [ ScotC ] Gerald O'Hare v Her Majesty's Advocate 26 Jun 2001 HCJ Lord Bonomy and Lord Penrose Scotland, Crime [ ScotC ] Jacqueline Howes v Alan S Crombie [2001] ScotCS 161 26 Jun 2001 SCS Scotland [ Bailii ] Robert Napier v the Scottish Ministers for Judicial Review Times, 15 November 2001; [2001] ScotCS 162 26 Jun 2001 SCS Lord Macfadyen Scotland, Prisons, Human Rights Detention in prison facilities where the applicant was confined to a shared cell for substantial parts of the day without integral toilet facilities was an infringement of the claimant's human rights under article 3. [ Bailii ] Robert Napier v the Scottish Ministers for Judicial Review 26 Jun 2001 SCS Lord Macfadyen Scotland [ ScotC ] Jacqueline Howes v Alan S Crombie 26 Jun 2001 SCS Lord Eassie Scotland [ ScotC ] William Naylor T/A Powerfloated Concrete Floors v Greenacres Curling Limited [2001] ScotCS 163 26 Jun 2001 SCS Lord Bonomy Scotland [ Bailii ] - [ ScotC ] Nigel Mark Cartwright v Her Majesty's Advocate [2001] ScotHC 46 27 Jun 2001 ScHC Scotland [ Bailii ] Nigel Mark Cartwright v Her Majesty's Advocate 27 Jun 2001 HCJ Lord McCluskey Scotland, Crime [ ScotC ] Mary Williams Bratton and others v Lithgows Ltd and Another [2001] ScotCS 165 27 Jun 2001 SCS Scotland [ Bailii ] S L Timber Systems Limited v Carillon Construction Limited 27 Jun 2001 SCS Lord Macfadyen Scotland [ ScotC ] Annie Lloyd Or Clark and others v Marconi Marine (Ysl) Ltd and Another 27 Jun 2001 SCS Lord Carloway Scotland [ ScotC ] S L Timber Systems Limited v Carillon Construction Limited [2001] ScotCS 167 27 Jun 2001 SCS Scotland [ Bailii ] Annie Lloyd Or Clark and others v Marconi Marine (Ysl) Ltd and Another [2001] ScotCS 164 27 Jun 2001 SCS Scotland [ Bailii ] Patrick Gilbride and Another v Blythswood Shipbuilding Co Ltd and others [2001] ScotCS 166 27 Jun 2001 SCS Scotland [ Bailii ] Mary Williams Bratton and others v Lithgows Ltd and Another 27 Jun 2001 SCS Lord Carloway Scotland [ ScotC ] Her Majesty's Advocate v David Grimmond 29 Jun 2001 HCJ Lord Osborne Scotland, Crime [ ScotC ] Pet v Kirsty George and Stephen George [2001] ScotCS 173 29 Jun 2001 SCS Scotland [ Bailii ] Andrew Todd v Scottish Qualifications Authority [2001] ScotCS 170 29 Jun 2001 OHCS T.G. Coutts, Q.C. Scotland [ Bailii ] - [ ScotC ] Charles Kennington Stair Brown &C v Scottish Border Springs Ltd &C 29 Jun 2001 SCS Lord McEwan Scotland [ ScotC ] Charles Kennington Stair Brown &C v Scottish Border Springs Ltd &C [2001] ScotCS 171 29 Jun 2001 SCS Scotland [ Bailii ] Perth City Walls v Smart Events Ltd [2001] ScotCS 172 29 Jun 2001 SCS Scotland [ Bailii ] Pet v Kirsty George and Stephen George 29 Jun 2001 SCS Lord Clarke Scotland [ ScotC ] Perth City Walls v Smart Events Ltd 29 Jun 2001 SCS T.G. Coutts, Q.C. Scotland [ ScotC ] Abdelbaset Ali Mohmed Al Megrahi v Her Majesty's Advocate 29 Jun 2001 HCJ Lord Kirkwood and Lord Hamilton and Lord Nimmo Smith and Lord Carloway and Lord Wheatley Scotland, Crime 1 Cites 1 Citers [ ScotC ] Susan Buchan for Judicial Review of A Decision of the Education Services Committee 3 Jul 2001 SCS Lord Johnston Scotland [ ScotC ] Edwin Young v Scottish Coal (Deep Mining) Company 3 Jul 2001 SCS Lord Mackay of Drumadoon Scotland [ ScotC ] Edwin Young v Scottish Coal (Deep Mining) Company [2001] ScotCS 174 3 Jul 2001 SCS Scotland [ Bailii ] Her Majesty's Advocate v David Mcmurran 3 Jul 2001 HCJ Lord Hamilton Scotland, Crime [ ScotC ] Susan Buchan for Judicial Review of a Decision of the Education Services Committee [2001] ScotCS 175 3 Jul 2001 SCS Scotland [ Bailii ] Her Majesty's Advocate v David Mcmurran [2001] ScotHC 47 3 Jul 2001 ScHC Scotland [ Bailii ] Safeway Stores Plc v City of Glasgow Licensing Board [2001] ScotCS 177 4 Jul 2001 SCS Scotland [ Bailii ] Shetland Sea Farms Limited (Claim No 71) and the International Oil Pollution Compensation Fund and others and Objctions By the International Oil Pollution Compensation Fund - James L R Robb and Brian Robb (Claim No 90) and Alexander Eunson (Claiim No [2001] ScotCS 178 4 Jul 2001 SCS Lord Gill Scotland [ Bailii ] - [ ScotC ] John Moiser v Thomas Simpson 4 Jul 2001 ScSf Sheriff C.B. Miller Scotland [ ScotC ] Julian Struthers Danskin v Her Majesty's Advocate 4 Jul 2001 HCJ Lord Carloway and Lord Hamilton and Lord Justice General Scotland, Crime [ ScotC ] Safeway Stores Plc v City of Glasgow Licensing Board 4 Jul 2001 SCS Lord Prosser Scotland [ ScotC ] Co-Operative Wholesale Society Ltd v Ravenseft Properties Limited and Douglas Shelf Seven Limited [2001] ScotCS 176 4 Jul 2001 OHCS Lord Macfadyen Scotland [ Bailii ] - [ ScotC ] David J C Macrobert v James William Cahill 5 Jul 2001 SCS Lord Cameron of Lochbroom and Lord Marnoch and Lord Philip Scotland [ ScotC ] Angus Michael Mcphee v Procurator Fiscal, Oban [2001] ScotHC 48 5 Jul 2001 ScHC Scotland [ Bailii ] Cala Management Ltd v The Scottish Ministers and Aberdeen City Council 5 Jul 2001 SCS Lord Coulsfield Scotland, Planning [ ScotC ] David J C Macrobert v James William Cahill [2001] ScotCS 181 5 Jul 2001 SCS Scotland [ Bailii ] Cala Management Ltd v the Scottish Ministers and Aberdeen City Council [2001] ScotCS 180 5 Jul 2001 SCS Scotland [ Bailii ] Andrew Nicol v the Rt Hon Lynda Clark Mp, Q C and others [2001] ScotCS 179 5 Jul 2001 SCS Lord Johnston Scotland [ Bailii ] - [ ScotC ] Angus Michael Mcphee v Procurator Fiscal, Oban 5 Jul 2001 HCJ Lord Coulsfield and Lord Caplan and Lord Osborne Scotland, Crime [ ScotC ] Thomas King v (First) James Lamont and Company Limited and (Second) British Shipbuilders Limited [2001] ScotCS 183 6 Jul 2001 SCS Scotland [ Bailii ] Valentine and Wells and Murphy and Murphy v Her Majesty's Advocate [2001] ScotHC 49 6 Jul 2001 HCJ Lord Justice General and Lady Cosgrove and Lord Carloway Scotland, Crime [ Bailii ] - [ ScotC ] Thomas King (A P ) v (First) James Lamont and Company Limited and (Second) British Shipbuilders Limited 6 Jul 2001 SCS Lord McCluskey Scotland [ ScotC ] The Advocate General for Scotland v Ronald George Shepherd 10 Jul 2001 SCS Lord McCluskey Scotland [ ScotC ] The Advocate General for Scotland v Ronald George Shepherd [2001] ScotCS 184 10 Jul 2001 SCS Scotland [ Bailii ] Blair Galloway v Procurator Fiscal, Kirkcaldy [2001] ScotHC 50 11 Jul 2001 HCJ Lord Cameron of Lochbroom and Lord Osborne and Lord Sutherland Scotland, Crime [ Bailii ] - [ ScotC ] G G for Judicial Review of Decisions By Glasgow City Council To Refuse To Fund Transport Costs [2001] ScotCS 185 11 Jul 2001 SCS Scotland, Education, Local Government [ Bailii ] G G for Judicial Review of Decisions By Glasgow City Council To Refuse To Fund Transport Costs 11 Jul 2001 SCS Lord Eassie Scotland [ ScotC ] Adelino Enriquez v Procurator Fiscal, Lerwick 12 Jul 2001 HCJ Lord Osborne and Lord Sutherland and Lord Dawson Scotland, Crime [ ScotC ] Adelino Enriquez v Procurator Fiscal, Lerwick [2001] ScotHC 51 12 Jul 2001 ScHC Scotland [ Bailii ] Her Majesty's Advocate v Kenneth Anthony Paton Mills and John Cochrane [2001] ScotHC 52 13 Jul 2001 ScHC Scotland [ Bailii ] City Inn Limited v Shepherd Construction Limited 17 Jul 2001 SCS Lord Macfadyen Scotland [ ScotC ] City Inn Limited v Shepherd Construction Limited [2001] ScotCS 187 17 Jul 2001 SCS Scotland [ Bailii ] City Inn Limited v Shepherd Construction Limited [2001] ScotHC 54 17 Jul 2001 ScHC Scotland [ Bailii ] Sheila Miller v Clerical Medical Investment Group Limited and Another [2001] ScotCS 189 18 Jul 2001 SCS Lord Eassie Scotland [ Bailii ] - [ ScotC ] Petition of Ruslanas Irzikevikius v Secretary of State for Home Department for Judicial Review and Answers for Respondent 18 Jul 2001 SCS Lord Coulsfield and Lord Abernethy and Lord Penrose Scotland [ ScotC ] Sheila Miller v Clerical Medical Investment Group Limited and Another [2001] ScotHC 57 18 Jul 2001 ScHC Scotland [ Bailii ] Petition of Ruslanas Irzikevikius v Secretary of State for Home Department for Judicial Review and Answers for Respondent [2001] ScotHC 56 18 Jul 2001 ScHC Scotland [ Bailii ] J S and P S v the Authority Reporter for West Lothian [2001] ScotHC 55 18 Jul 2001 ScHC Scotland [ Bailii ] J S and P S v the Authority Reporter for West Lothian 18 Jul 2001 SCS Lord Coulsfield and Lord Abernethy and Lord Penrose Scotland [ ScotC ] Petition of Ruslanas Irzikevikius v Secretary of State for Home Department for Judicial Review and Answers for Respondent [2001] ScotCS 188 18 Jul 2001 SCS Scotland [ Bailii ] Ali v Khosla and Khosla and Francis and Francis [2001] ScotCS 190 20 Jul 2001 SCS Lord Cameron of Lochbroom and Lord Marnoch and Lord Philip Scotland [ Bailii ] - [ ScotC ] Aslam Mohammed Ali v Sarv Mitter Khosla and Mrs Pauline Khosla and David W Francis and Mrs Sandra a Francis [2001] ScotHC 58 20 Jul 2001 ScHC Scotland [ Bailii ] Hunter (Ap) v Perth and Kinross Council and Another [2001] ScotHC 61; [2001] ScotCS 191 24 Jul 2001 SCS Lord Eassie Scotland [ Bailii ] - [ Bailii ] - [ ScotC ] Petition - Scottish Criminal Case Review Commission In Terms of Section 194D(3) of the Ciminal Procedure (Scotland) Act 1995 for an Opinion of the Court [2001] ScotHC 62 25 Jul 2001 ScHC Scotland, Crime [ Bailii ] Semple Cochrane Plc v Gerald John Hughes 25 Jul 2001 SCS Lord Carloway Scotland [ ScotC ] Semple Cochrane Plc v Hughes [2001] ScotCS 192 25 Jul 2001 SCS Scotland [ Bailii ] Petition - Scottish Criminal Case Review Commission In Terms of Section 194D, of the Criminal Procedure (Scotland) Act 1995 for an Opinion of the Court 25 Jul 2001 HCJ Lord Justice General and Lord Marnoch and Lord Reed Scotland, Crime [ ScotC ] Semple Cochrane Plc v Gerald John Hughes [2001] ScotHC 63 25 Jul 2001 ScHC Scotland [ Bailii ] Her Majesty's Advocate v Gary Joseph McGowan [2001] ScotHC 66 26 Jul 2001 ScHC Scotland [ Bailii ] Her Majesty's Advocate v Andrew Sands [2001] ScotHC 65 26 Jul 2001 ScHC Scotland [ Bailii ] George Baigrie v Her Majesty's Advocate [2001] ScotHC 64 26 Jul 2001 ScHC Scotland [ Bailii ] Robert Alexander Mackie v Her Majesty's Advocate [2001] ScotHC 68 26 Jul 2001 HCJ Lord Justice General and Lord Abernethy and Lord Sutherland Scotland, Crime [ Bailii ] - [ ScotC ] Her Majesty's Advocate v Andrew Sands 26 Jul 2001 HCJ Lord Justice General and Lord Abernethy and Lord Sutherland Scotland, Crime [ ScotC ] George Baigrie v Her Majesty's Advocate 26 Jul 2001 HCJ Lord Abernethy and Lord Justice General and Lord Sutherland Scotland, Crime [ ScotC ] Her Majesty's Advocate v Gary Joseph Mcgowan 26 Jul 2001 HCJ Lord Justice General and Lord Abernethy and Lord Sutherland Scotland, Crime [ ScotC ] Mcintyre v Her Majesty's Advocate [2001] ScotHC 67 26 Jul 2001 ScHC Scotland [ Bailii ] Neil Mcintyre v Her Majesty's Advocate 26 Jul 2001 HCJ Lord Abernethy and Lord Justice General and Lord Sutherland Scotland, Crime [ ScotC ] The Institute of Chartered Accountants of Scotland v Steven Cameron Kay for Sequestration of the Estates of a Judicial Factor [2001] ScotCS 194 27 Jul 2001 SCS Scotland [ Bailii ] Wilkes v Her Majesty's Advocate [2001] ScotHC 70 27 Jul 2001 ScHC Lady Cosgrove and Lord Justice General and Lord Carloway Scotland [ Bailii ] - [ ScotC ] Ogilvie v Her Majesty's Advocate [2001] ScotHC 69 27 Jul 2001 ScHC Lord Justice General and Lord Abernethy and Lord Sutherland Scotland [ Bailii ] - [ ScotC ] the Institute of Chartered Accountants of Scotland v Steven Cameron Kay for Sequestration of the Estates of A Judicial Factor 27 Jul 2001 SCS Lord Carloway Scotland [ ScotC ] Philip Jenkins v The Maersk Company Limited [2001] ScotHC 71 27 Jul 2001 ScHC Lord Clarke Scotland [ Bailii ] - [ ScotC ] Philip Jenkins v The Maersk Company Limited [2001] ScotCS 193 27 Jul 2001 SCS Scotland [ Bailii ] the Institute of Chartered Accountants of Scotland v Steven Cameron Kay for Sequestration of the Estates of a Judicial Factor [2001] ScotHC 72 27 Jul 2001 ScHC Scotland [ Bailii ] Jasvir Singh v The Final Determination By the Immigration Appeal Tribunal 1 Aug 2001 SCS Lord Nimmo Smith Scotland, Immigration [ ScotC ] Her Majesty's Advocate v Kenneth Anthony Paton Mills and John Cochrane 1 Aug 2001 HCJ Lord Coulsfield Scotland, Crime [ ScotC ] Jasvir Singh v The Final Determination by the Immigration Appeal Tribunal [2001] ScotCS 195 1 Aug 2001 SCS Scotland, Immigration [ Bailii ] Jasvir Singh v The Final Determination By the Immigration Appeal Tribunal [2001] ScotHC 73 1 Aug 2001 ScHC Scotland, Immigration [ Bailii ] Knowes Housing Association Limited v Corinne Millar [2001] ScotCS 197; [2001] ScotHC 75 2 Aug 2001 OHCS Lord Johnston Scotland [ Bailii ] - [ Bailii ] - [ ScotC ] David Frape v Emreco International Limited (2) [2001] ScotHC 74; [2001] ScotCS 196 2 Aug 2001 SCS Lord McEwan Scotland, Agency, Commercial, European 1 Cites 1 Citers [ Bailii ] - [ ScotC ] David Frape v Emreco International Limited (1) [2001] ScotCS 196 2 Aug 2001 SCS Scotland [ Bailii ] John Lyle v Her Majesty's Advocate 3 Aug 2001 HCJ Lord Carloway and Lord Justice General and Lord Hamilton Scotland, Crime [ ScotC ] John Lyle v Her Majesty's Advocate [2001] ScotHC 76 3 Aug 2001 ScHC Scotland [ Bailii ] J Kelly and Sons Limited v the Meat and Livestock Commission for Judicial Review [2001] ScotHC 77 7 Aug 2001 ScHC Scotland [ Bailii ] Maxi Construction Management Ltd v Mortons Rolls Limited [2001] ScotHC 78 7 Aug 2001 ScHC Scotland [ Bailii ] S v the Principal Reporter and the Lord Advocate 7 Aug 2001 SCS Lord President Scotland [ ScotC ] J Kelly and Sons Limited v the Meat and Livestock Commission for Judicial Review 7 Aug 2001 SCS Lord Hamilton Scotland [ ScotC ] S v the Principal Reporter and the Lord Advocate [2001] ScotHC 79 7 Aug 2001 ScHC Scotland [ Bailii ] S v the Principal Reporter and the Lord Advocate [2001] ScotCS 200 7 Aug 2001 SCS Scotland [ Bailii ] J Kelly and Sons Limited v the Meat and Livestock Commission for Judicial Review [2001] ScotCS 198 7 Aug 2001 SCS Scotland [ Bailii ] Maxi Construction Management Ltd v Mortons Rolls Limited [2001] ScotCS 199 7 Aug 2001 OHCS Lord Macfadyen Scotland [ Bailii ] - [ ScotC ] Robbie the Pict v Miller Civil Engineering Ltd and others [2001] ScotHC 81 8 Aug 2001 ScHC Scotland [ Bailii ] Stiell Facilities Limited v Sir Robert McAlpine Limited [2001] ScotHC 82 8 Aug 2001 ScHC Scotland [ Bailii ] Robbie the Pict v Miller Civil Engineering Ltd and others 8 Aug 2001 SCS Lord Johnston Scotland [ ScotC ] Van Overwaele v Hacking and Paterson for Recall of an Award of Sequestration [2001] ScotCS 201 8 Aug 2001 SCS Scotland [ Bailii ] Robbie the Pict v Miller Civil Engineering Ltd and others [2001] ScotCS 202 8 Aug 2001 SCS Scotland [ Bailii ] Stiell Facilities Limited v Sir Robert McAlpine Limited [2001] ScotCS 203 8 Aug 2001 SCS Scotland [ Bailii ] - [ ScotC ] Alan Degnan v Her Majesty's Advocate [2001] ScotHC 83 9 Aug 2001 HCJ Lord Mackay of Drumadoon and Lord Coulsfield and Lord Penrose Scotland, Crime [ Bailii ] - [ ScotC ] Bass Brewers Limited v Independent Insurance Company Limited [2001] ScotHC 84 9 Aug 2001 ScHC Scotland [ Bailii ] Bass Brewers Limited v Independent Insurance Company Limited [2001] ScotCS 204 9 Aug 2001 SCS Scotland [ Bailii ] Bass Brewers Limited v Independent Insurance Company Limited 9 Aug 2001 SCS Lord Prosser and Lord Osborne and Lord Dawson Scotland [ ScotC ] A E T C Ltd v Ian Steel and others [2001] ScotCS 205; [2001] ScotHC 85 10 Aug 2001 ScHC Scotland [ Bailii ] - [ Bailii ] John Hemphill v Her Majesty's Advocate [2001] ScotHC 86 10 Aug 2001 HCJ Lord Prosser Scotland, Crime 1 Cites 1 Citers [ Bailii ] - [ ScotC ] A E T C Ltd v Ian Steel and others 10 Aug 2001 SCS Lord Macfadyen Scotland [ ScotC ] Pamela Ann Gourlay v Her Majesty's Advocate 16 Aug 2001 HCJ Lord Coulsfield and Lord MacLean and Sheriff Principal E.F. Bowen Scotland, Crime [ ScotC ] Smith v Gordon and Smyth and David Williamsons and Raeburn Allison and Company and others [2001] ScotCS 207 16 Aug 2001 SCS Scotland [ Bailii ] Smith v Gordon and Smyth and David Williamsons and Raeburn Allison and Company and others [2001] ScotHC 88 16 Aug 2001 SCS Lady Paton Scotland [ Bailii ] Mrs Maureen Elsie Smith Or Brown v Stuart Forsyth and Motor Insurers Bureau 17 Aug 2001 ScSf Sheriff K.A. McLernan Scotland [ ScotC ] Her Majesty's Advocate v Scott Ross 17 Aug 2001 HCJ Lord Coulsfield and Sheriff Principal E.F. Bowen Scotland, Crime [ ScotC ] Petition of Thomas Ireland v Strathclyde Joint Police Board for Judicial Review [2001] ScotCS 209 17 Aug 2001 SCS Scotland [ Bailii ] Petition of Thomas Ireland v Strathclyde Joint Police Board for Judicial Review 17 Aug 2001 SCS Lord Hamilton Scotland [ ScotC ] Petition of Peter Phillips v Strathclyde Joint Police Board for Judicial Review 17 Aug 2001 SCS Lord Hamilton Scotland, Police [ ScotC ] Petition of Peter Phillips v Strathclyde Joint Police Board for Judicial Review [2001] ScotCS 208; [2001] ScotHC 90 17 Aug 2001 ScHC Scotland, Police [ Bailii ] - [ Bailii ] Petition of Thomas Ireland v Strathclyde Joint Police Board for Judicial Review [2001] ScotHC 91 17 Aug 2001 ScHC Scotland [ Bailii ] Her Majesty's Advocate v Scott Ross [2001] ScotHC 89 17 Aug 2001 ScHC Scotland [ Bailii ] Joseph Boyle v Her Majesty's Advocate 21 Aug 2001 HCJ Lady Cosgrove and Lord Kirkwood and Lord MacLean Scotland, Crime [ ScotC ] Meek v Strathclyde Regional Council and others [2001] ScotCS 210; [2001] ScotHC 92 23 Aug 2001 SCS Lord Hamilton Scotland [ Bailii ] - [ Bailii ] - [ ScotC ] Albatown Limited v Credential Group Limited [2001] ScotCS 211; [2001] ScotHC 93 24 Aug 2001 SCS Lord Macfadyen Scotland [ Bailii ] - [ Bailii ] - [ ScotC ] Ness Training Limited v Triage Central Ltd &C 27 Aug 2001 SCS Lord Eassie Scotland [ ScotC ] Ness Training Limited v Triage Central Ltd and c [2001] ScotCS 212; [2001] ScotHC 94 27 Aug 2001 ScHC Lord Eassie Scotland, Company, Administrative, Trusts The complainant sought a contract to deliver services to the New Deal system in Scotland as part of a joint venture. They incorporated in England, but were then told they needed to be a Scottish company. A new company was established in Scotland, which continued the services. The other members of the venture later declined to account of a share of the receipts, and a claim was made for such a share. Held: A joint venture need not amount to a partnership in law. Were the business profits held subject to a trust? It was difficult to identify just what property might be subject to such a trust. In reality any duty extended to one to award a share in the company which was to be set up to run the venture. That was not what was claimed, and would fall short of what was claimed. 1 Cites [ Bailii ] - [ Bailii ] Callagan v Glasgow City Council [2001] UKEAT 43 - 01 - 2808; [2002] Emp LR 24; [2001] IRLR 724 28 Aug 2001 EAT Lord Johnston Employment, Scotland, Discrimination EAT The claimant appealed against the dismissal of his application both in respect of allegations of disability discrimination in terms of the Disability Discrimination Act 1995 and unfair dismissal. Disability Discrimination Act 1995 [ Bailii ] South Lanarkshire Council v The Lord Advocate As Representing the Scottish Ministers and others [2001] ScotHC 95; [2001] ScotCS 213 30 Aug 2001 IHCS Lord President, Lord Prosser, Lady Cosgrove Scotland, Planning, Land Following a planning permission the applicant's land became subject to compulsory purchase, and they were entitled to a certificate of appropriate alternative development. An application was made, but much later, and then granted on appeal. The respondents appealed against the certificate as regards one use. Held: The grant may have been more favourable to the applicant than might have been the case if the decision had been made properly, but it was too late to resile on the decision. Land Compensation (Scotland) Act 1963 (c. 51) 29 1 Cites [ Bailii ] - [ Bailii ] - [ ScotC ] Fiona Daly v Monsoon Accessorize EAT/219/01 30 Aug 2001 EAT The Honourable Lord Johnston Scotland, Discrimination The applicant appealed a decision that she did not suffer an impairment within the Act. The test applied was correct, namely whether the applicant had a mental impairment did substantially affect her normal day-to-day activities. The tribunal had made a careful examination of the evidence, and found some at least of the applicant's evidence not credible. The decision was not to be interfered with. Disability Discrimination Act 1995 1 1 Cites William Scott Ellis v Her Majesty's Advocate [2001] ScotHC 98 31 Aug 2001 HCJ Lady Cosgrove and Lord Kirkwood and Lord Osborne Scotland, Criminal Sentencing, Scotland The defendant appealed cumulative sentences of nine years in respect of repeated and serious assaults and other offences against his wife, and daughter Giving full weight to his personal circumstances, it was quite impossible to say that the sentence of nine years was excessive. Had it not been for those circumstances, a more severe sentence would have been merited. [ Bailii ] - [ ScotC ] William Scott Ellis v Her Majesty's Advocate [2001] ScotHC 98 31 Aug 2001 HCJ Lady Cosgrove and Lord Kirkwood and Lord Osborne Scotland, Criminal Sentencing, Scotland The defendant appealed cumulative sentences of nine years in respect of repeated and serious assaults and other offences against his wife, and daughter Giving full weight to his personal circumstances, it was quite impossible to say that the sentence of nine years was excessive. Had it not been for those circumstances, a more severe sentence would have been merited. [ Bailii ] - [ ScotC ] Scottish Equitable Plc v Miller Construction Ltd [2001] ScotCS 214; [2001] ScotHC 96 31 Aug 2001 IHCS Lord Prosser, Lord Milligan, Lord Kingarth Scotland, Construction, Limitation, Arbitration The parties entered into a contract for the demolition and building of offices. They sought to refer differences to arbitration. The issue as to whether the long or short prescription period operated so as to time bar some parts of the claim. Held: Time began to run only from the time of the issue of the final certificate, and accordingly claims which might have been asserted at earlier times in the execution of the contract were not time barred. Administration of Justice (Scotland) Act 1972 3 - Prescription and Limitation (Scotland) Act 1973 6, Sch 1 - Scottish Building Contract (with Quantities) January 1988 [ Bailii ] - [ Bailii ] - [ ScotC ] Tullis Russell and Co Ltd v Eadie Industries Ltd [2001] ScotHC 97; [2001] ScotCS 215 31 Aug 2001 SCS Lord MacFadyen Scotland, Consumer, Contract The pursuers and defenders disagreed over which of their respective terms and conditions controlled the sale of equipment, under which the pursuers sought damages for faults in the goods. Both quotation, and order purported to include the respective company's terms and conditions. The parties differed as to which documents constituted the offer and which the acceptance. In this case, the defenders quotations were invitations to treat rather than offers capable of acceptance, and accordingly the pursuers terms applied. Contracts (Applicable Law) Act 1990 1 Cites [ Bailii ] - [ Bailii ] - [ ScotC ] Hampden Park Limited v Frank Dow and Stephen Conley and Hampden Cars Limited and Mount Florida Cars Limited [2001] ScotHC 99; [2001] ScotCS 216 3 Sep 2001 ScHC Lord Drummond Young Scotland, Land The case related to the disputed status of rights of way to the national football stadium in Scotland, over land adjoining the stadium. The stadium owners claimed that rights of way over the land had been used for more than twenty years. The land owners had purported to block the way by parking a car across it, and placing bollards to prevent access, and the stadium sought an interdict. Interdict is a preventive or prohibitory remedy, and must normally seek only a restrictive remedy. Nevertheless, positive obligations may be sought where they give effect to the substantial nature of the restriction to be enforced. Here the restrictive nature of the right of way, not to do anything to obstruct access, incorporated an obligation to remove obstructions placed across the highway. 1 Cites [ Bailii ] - [ Bailii ] - [ ScotC ] John Dickie Homes Ltd v Daniel Jones EAT/146/01 3 Sep 2001 EAT The Honourable Lord Johnston Employment, Scotland The employers had employed bricklayers as self-employed sub-contractors. They changed them over to employees, reducing pay to allow for the additional costs of employing them. The claimant had worked for them under the old system, and returned after a break under the new system. The change was not explained. The tribunal applied the rule that 'no valid distinction is to be drawn for the purposes of the Wages Act between a deduction from wages on the one hand, and a reduction in wages on the other.' In this case unexplained changes had been made to the employee's allocation sheets. The tribunal had applied the correct legal test, and the EAT could interfere with the factual interpretation. 1 Cites Perth and Kinross Council v Ann Howard EAT/336/01 4 Sep 2001 EAT The Honourable Lord Johnston Employment, Scotland The employee had been permitted to work additional hours for another employer. She continued that work during a period of extended sickness, and was dismissed for misconduct. The tribunal held that the involvement of the auditor both in the investigation, and in the decision making process was a breach of natural justice, and the dismissal was unfair. The authority appealed. It was held that the evidence did not sufficiently justify the decision and this was an error of law. Held: There was insufficient evidence for the EAT to substitute its own view, and the case was remitted to a new tribunal. EAT Unfair Dismissal - Procedural Fairness Employment Rights Act 1996 116 1 Cites Scottish and Southern Energy Plc v Michael Alan Birch EAT/325/01 4 Sep 2001 EAT The Honourable Lord Johnston Scotland, Employment The claim was submitted outside the time limitation period, and the employer appealed the finding of jurisdiction. The employee was not represented, and thought the limit ran from a meeting after the dismissal. Where there is a mistaken belief as to the existence of a time or a date from which a claim should run, that is not relevant to the question of reasonable practicability. The tribunal had therefore erred in taking account of that mistake, and they had also misconstrued the test or reasonable practicability, by testing for understandability. EAT Jurisdiction - 1 Cites The Howgate Shopping Centre Limited v Pinwise Limited [2001] ScotCS 217; [2001] ScotHC 100 5 Sep 2001 SCS Scotland [ Bailii ] - [ Bailii ] Her Majesty's Advocate v Darren J Jenkinson 5 Sep 2001 HCJ Lord McEwan Scotland, Crime [ ScotC ] the Howgate Shopping Centre Limited v Pinwise Limited 5 Sep 2001 SCS Lord Macfadyen Scotland [ ScotC ] Inverclyde Council v Stanley Wilson and 10 Others 5 Sep 2001 EAT The Honourable Lord Johnston Scotland, Discrimination The complainants were local authority manual workers. The 'blue book' governing their terms required contracts to be for 37 hours unless justified otherwise, and for hours above that to be paid at overtime rates. These employees had contracts at 39 hours. They claimed that the additional 2 hours should have been paid at such rates. The authority claimed that the agreement with those workers was a variation of the Blue Book conditions. The particular overruled the general. The employees contended there was no conflict, but only an underpayment. Held: There was no evidence of variation of the conditions, and the authority's appeal failed. Employment Rights Act 1996 13 1 Cites Glasgow City Council v Castrop Limited [2001] ScotHC 101; [2001] ScotCS 218 6 Sep 2001 SCS Lord Macfadyen Scotland [ Bailii ] - [ Bailii ] - [ ScotC ] Unilodge Services Ltd v University of Dundee 10 Sep 2001 SCS Lord Macfadyen Scotland [ ScotC ] Unilodge Services Ltd v University of Dundee [2001] ScotCS 219; [2001] ScotHC 102 10 Sep 2001 ScHC Scotland, Landlord and Tenant A lease had been granted to the University for student accommodation. The rent was to vary along with average rent increases for such accommodation in other Scottish Universities. The question was what bodies were included, either all bodies such designated at the time of the grant, or all such at the time of the rent review. Held: The court is seeking to identify and declare the intention of the parties to the lease as expressed. Neither construction yields a result that is absurd, or inconsistent with attainment of the purpose of the rent review clause. The intention of the clause was that the rent should keep pace with the market as a whole. That required inclusion of all university bodies at the date of the review. 1 Cites [ Bailii ] - [ Bailii ] Alan Raymond Myles v Barry Heywood [2001] ScotSC 16 10 Sep 2001 ScSf Scotland, Human Rights, Litigation Practice The pursuer craved from the Sheriff an interim interdict against the Procurator Fiscal from proceeding with a criminal charge. Held: the Sheriff sitting in a civil court has no power to restrain criminal proceedings by the Procurator Fiscal, even though the pursuer sought to enforce his Convention rights. The general rule, under the 1947 Act, is that interdict against the Crown cannot be granted. European Convention on Human Rights Article 8 - Crown Proceedings Act 1947 21(1) 42 43 [ Bailii ] Alan Raymond Myles v Barry Heywood 10 Sep 2001 ScSf Sheriff A.L. Stewart Scotland [ ScotC ] Gary John Clampett v Procurator Fiscal, Dunfermline 12 Sep 2001 HCJ Lord Cameron of Lochbroom and Lord Marnoch and Lord McCluskey Scotland, Crime [ ScotC ] George Walsh v Procurator Fiscal, Edinburgh 14 Sep 2001 HCJ Lord McCluskey Scotland, Crime [ ScotC ] McDougall v Tawse; ScSf 14-Sep-2001 - [2001] ScotSC 17 China National Star Petroleum Corporation v James Thain and 12 Others, Tor Drilling (Uk) Ltd, Dolphin Drilling Ltd EAT/236/01 17 Sep 2001 EAT The Honourable Lord Johnston Employment, Scotland The proposed respondent was a company of the Chinese State, with no base of business in the UK. Solicitors had represented them in other actions, and an order was made, to serve the papers on the solicitors. They contended that they had no instructions to accept service, and they had not been present at the application to make them authorised representatives under the Regulations. The concept of holding the solicitors to be such should not have been canvassed without them being given notice. The order was quashed and remitted to a differently constituted tribunal. EAT Procedural Issues - Employment Tribunal Employment Tribunals (Constitution and Rules of Procedure (Scotland) Regulations 1993 Her Majesty's Advocate v William Frederick Ian Beggs (Opinion No 1) 17 Sep 2001 HCJ Lord Osborne Scotland, Criminal Practice, Media 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 publicity had been inaccurate. Held: The question for the court was whether "a fair and accurate report of" the present trial "held in public, published contemporaneously and in good faith" would create "a substantial risk of prejudice in the administration of justice in" these "proceedings". It would not. Contempt of Court Act 1981 4(2) 1 Cites 1 Citers [ ScotC ] Inquiry Into the Death of Mohammed Tasleen Iqbal [2001] ScotSC 18 20 Sep 2001 ScSf Scotland, Coroners The matter concerned the death of a trainee diver. The court refused to make some of the recommendations requested, about the need for regulation of diving schools, as going beyond the scope of a fatal accident enquiry. The court restricted its formal findings and recommendations to the circumstances immediately attendant upon the death. Diving at Work Regulations 1997 (SI 1997 No 2776) [ Bailii ] Cheryl Little, (HMA v Anstruther) [2001] ScotSC 19 21 Sep 2001 ScSf Scotland, Contempt of Court An order was made against a witness for prevarication. The order was challenged on the basis that she had not had a fair trial, not having a hearing before an independent tribunal. The same judge had acted as witness prosecutor and judge and jury. The challenge was rejected. The judge acted as assessor, as judge only. All he has done is to condemn the evidence as being so unsatisfactory as to be worthy of contempt. The argument was repelled. 1 Cites [ Bailii ] - [ ScotC ] Her Majesty's Advocate v William Frederick Ian Beggs (Opinion No 2) 21 Sep 2001 HCJ Lord Osborne Scotland, Crime, Contempt of Court The defendant complained that an article published on the Internet was a contempt of court in that it prejudiced his trial for murder by reference inter alia to previous proceedings against him. There were others also. The court was aksed whether the fact that at the time the documents were placed on the internet no charges had yet been brought excused their continued publication after charges had been brought. He;d: the court focused upon the sense of the word "publication", which was the action of making something publicly known, or the issuing to the public of some work, that is to say an event which takes place at some particular moment. The section used the phrase the 'time of publication'. "the situation affecting the Website may be compared with a situation in which a book or other printed material is continuously on sale and available to the public. During that whole period, I consider that it would be proper to conclude that that material was being published. " However given the context of the trial, the detailed evidence and counsel and the judge's guidance to a jury, it had not been shown that a fair trial was not possible. Contempt of Court Act 1981 1 Cites 1 Citers [ ScotC ] Orkney Islands Council for Suspension and Interdict [2001] ScotHC 105 21 Sep 2001 ScHC Scotland, Construction, Arbitration A contract for works contained an arbitration clause, which, following a dispute was invoked. The council sought an interdict against the appointment of an arbiter on the grounds that any dispute was now time barred, and that the dispute was not of a nature to found a reference. The defenders said there had been an interruption of the running of time in the dispute. The arbiter could himself decide if the dispute was time barred, and also whether there was a dispute capable of arbitration. Interim interdict refused. Prescription and Limitation (Scotland) Act 1973 6 [ Bailii ] Orkney Islands Council for Suspension and Interdict 21 Sep 2001 SCS Lord Johnston Scotland [ ScotC ] Orkney Islands Council for Suspension and Interdict [2001] ScotCS 222 21 Sep 2001 SCS Scotland, Arbitration, Limitation A notice was served seeking to refer a dispute to arbitration. By the time of the hearing the claim itself would be time barred, unless it could be established that service of the notice was enough to suspend time running. It was argued that the notice served to stop time running only conditional upon an arbitration being begun. The court decided that the issue of limitation could properly be determined by an arbitrator, and the court should not intervene. Prescription and Limitation (Scotland) Act 1973 6 [ Bailii ] Inquiry Into the Death of William Norman Forsyth 24 Sep 2001 ScSf Sheriff C.G. McKay Scotland, Coroners [ ScotC ] D Watt (Shetland) Ltd v Christian Reid EAT/424/01 25 Sep 2001 EAT The Honourable Lord Johnston Discrimination, Damages, Employment, Scotland The employer appealed an award of ten thousand pounds including aggravated damages, and other elements after a finding of sex discrimination. They also awarded six hundred pounds in interest. It was asserted that Scots law did not allow for aggravated damages. The EAT has power to review an award of damages. The award of aggravated damages was inconsistent with Scottish law, and was set aside, with the award of interest being reduced proportionately. EAT Sex Discrimination - Injury to Feelings Sex Discrimination Act 1975 - Employment Tribunals (Interest on Awards in Discrimination Cases) Regulations 1996 1 Cites Her Majesty's Advocate v William Frederick Ian Beggs (Opinion No 3) 26 Sep 2001 HCJ Lord Osborne Scotland, Criminal Practice The crown sought to introduce a written statement of a deceased witness at the trial of the panel. He objected raising a devolution issue. Held: The statement would have been admissible if the witness had been alive. Criminal Procedure (Scotland) Act 1995 259 1 Cites 1 Citers [ ScotC ] Her Majesty's Advocate v Dodwell and McNee 27 Sep 2001 HCJ Lord Cameron of Lochbroom and Lord Justice Clerk and Lord Nimmo Smith Scotland, Crime [ ScotC ] Colin David Mclean v Her Majesty's Advocate 27 Sep 2001 HCJ Lord Cameron of Lochbroom and Lord Justice Clerk and Lord Nimmo Smith Scotland, Crime [ ScotC ] Macrobert v Cahill 28 Sep 2001 SCS Lord Bonomy and Lady Cosgrove and Lord President Scotland [ ScotC ] Ferns v Rev Hendron and others 28 Sep 2001 SCS Lord Bonomy Scotland, Torts - Other, Negligence [ ScotC ] Smith v Procurator Fiscal, Dumbarton [2001] ScotHC 121 28 Sep 2001 HCJ Lord Coulsfield and Lord Osborne and Lord Sutherland Scotland, Crime The appellant challenged her common law public order conviction, on the basis that the charge did not provide a clear definition of what amounted to the offence, and so infringed her human rights. European Convention on Hman Rights 7 10 [ ScotC ] - [ Bailii ] Dr Saad Murad v Theresa Moynes 28 Sep 2001 SCS Lord Prosser Scotland [ ScotC ] Robert Alexander Thain (Ap) v Fisher Services (Aberfeldy) Limited 2 Oct 2001 SCS Lord Philip Scotland [ ScotC ] Her Majesty's Advocate v William Frederick Ian Beggs (Opinion No 4) 3 Oct 2001 HCJ Lord Osborne Scotland, Criminal Practice 1 Cites [ ScotC ] Thomas Benson and others v Scottish Lion Engineering Limited 3 Oct 2001 SCS Lord Kingarth Scotland [ ScotC ] Thomas Benson and others v Scottish Lion Engineering Limited [2001] ScotCS 224 3 Oct 2001 SCS Scotland [ Bailii ] Woodlands School (Newton Stewart) Ltd v Gordon EAT/220/01 5 Oct 2001 EAT The Honourable Lord Johnston Employment, Scotland, Discrimination The employer appealed against a finding of disability discrimination. The tribunal was claimed not to have taken account of the codes of practice and the need for a risk assessment. Held: The absence of a risk assessment mean that no adjustment had been considered, and no justification was available. The finding was essentially under 5(1). The appeal was dismissed. The appeal against the award of damages calculated over two years was also dismissed. The EAT specifically criticised the minority chairman's readiness to make allowance for a possible award of damages for the accident which led to the disability. To do so would defeat entirely the purpose of the legislation. Disability Discrimination Act 1995 5 1 Cites Royal and Sun Alliance Insurance v Wyman-Gordon Limited 8 Oct 2001 SCS Lord Eassie Scotland [ ScotC ] Royal and Sun Alliance Insurance v Wyman-Gordon Limited [2001] ScotCS 227 8 Oct 2001 SCS Scotland [ Bailii ] Maund v Julia Arredamenti Spa and Linearsed Snc [2001] ScotCS 228 9 Oct 2001 SCS TG Coutts QC Scotland, Personal Injury The claimant suffered injury when a chair bought from the defendants collapsed. [ ScotC ] - [ Bailii ] Jason Penman v Procurator Fiscal, Dunfermline [2001] ScotHC 107 9 Oct 2001 HCJ Lord Kirkwood and Lord Philip and Lord Caplan Scotland, Crime [ Bailii ] - [ ScotC ] Petition of S A Marie Brizzard Et Roger International for Registration of A Judgment of the Court of D'Appel De Bordeaux of 29 January 2001 [2001] ScotCS 232 10 Oct 2001 SCS Scotland [ Bailii ] Petition of Charanjit Singh for Judicial Review 10 Oct 2001 SCS Lord Mackay of Drumadoon Scotland [ ScotC ] Carol Beasley (Ap) for Aimee Beasley v Fife Health Board [2001] ScotCS 229 10 Oct 2001 SCS Scotland [ Bailii ] Petition of Charanjit Singh for Judicial Review [2001] ScotCS 231 10 Oct 2001 SCS Scotland [ Bailii ] Her Majesty's Advocate v R. [2001] ScotCS 230 10 Oct 2001 SCS Scotland [ Bailii ] Petition of S A Marie Brizzard Et Roger International for Registration of A Judgment of the Court of D'Appel De Bordeaux of 29 January 2001 10 Oct 2001 SCS Lord Mackay of Drumadoon Scotland [ ScotC ] Her Majesty's Advocate v R 10 Oct 2001 SCS Lord Reed Scotland [ ScotC ] Beasley (Ap) for Aimee Beasley v Fife Health Board 10 Oct 2001 SCS Lord McEwan Scotland [ ScotC ] Her Majesty's Advocate v R. [2001] ScotHC 118 10 Oct 2001 HCJ Scotland, Crime [ Bailii ] Kinross v Sterling Precast Limited [2001] ScotCS 233 11 Oct 2001 SCS Scotland [ Bailii ] A v The Scottish Ministers Times, 29 October 2001; [2002] 1 WLR 1460; [2001] UKPC D5; [2003] 2 AC 602; [2002] UKHRR 1; [2002] HRLR 6; 2001 SLT 1331; 2002 SC (PC) 63; 2001 GWD 33-1312 15 Oct 2001 PC Lord Slynn of Hadley, Lord Hope of Craighead, Lord Clyde, Lord Hutton and Lord Scott of Foscote Scotland, Health, Human Rights (Scotland) The power to detain a person suffering from a mental illness, in order to ensure the safety of the public, and even though there was no real possibility of treatment of the mental condition in hospital, was not a disproportionate contravention of that person's human rights. Article 5(1) made no reference either to the purpose of detention, or any requirement that the condition should be susceptible to treatment, even though it made explicit exceptions. There was nothing in the Convention which gave the rights of the detainee who was a danger to society a priority over the rights of other citizens to live in peace and security. The Convention exists to protect the fundamental rights and freedoms of each and every individual. Mental Health (Public Safety and Appeals) (Scotland) Act 1999 1 - European Convention on Human Rights Art 5(1) 1 Cites 1 Citers [ PC ] - [ Bailii ] G W Tait and Sons Ssc v Susan Margaret Taylor and Another [2001] ScotCS 234 16 Oct 2001 SCS Scotland [ Bailii ] Paul Harrison v D M Hall and others [2001] ScotCS 235 16 Oct 2001 SCS Scotland [ Bailii ] Paul Harrison v D M Hall and others 16 Oct 2001 SCS Lord Macfadyen Scotland [ ScotC ] G W Tait and Sons Ssc v Susan Margaret Taylor and Another 16 Oct 2001 SCS Lord Dawson Scotland [ ScotC ] The Woodland Trust v Angus Macmillan [2001] ScotCS 236 17 Oct 2001 SCS Scotland [ Bailii ] The Woodland Trust v Angus Macmillan 17 Oct 2001 SCS T.G. Coutts, Q.C. Scotland [ ScotC ] George Henry Spurway v Paul Morrod [2001] ScotCS 237 18 Oct 2001 SCS T.G. Coutts, Q.C. Scotland [ ScotC ] - [ Bailii ] Shazada Tahir Nazir (Ap) v the Secretary of State for the Home Department for Judicial Review [2001] ScotCS 238 19 Oct 2001 SCS Scotland [ Bailii ] Shazada Tahir Nazir (Ap) v the Secretary of State for the Home Department for Judicial Review 19 Oct 2001 SCS Lord Macfadyen Scotland [ ScotC ] Margaret Drew v Robert Rowan and Alan Boyd and Robert Boyd [2001] ScotCS 240 24 Oct 2001 SCS Scotland [ Bailii ] Margaret Drew v Robert Rowan and Alan Boyd and Robert Boyd 24 Oct 2001 SCS Lord Marnoch Scotland [ ScotC ] Britel Fund Trustees Limited v Scottish and Southern Energy Plc [2001] ScotCS 241 25 Oct 2001 SCS Scotland [ Bailii ] Britel Fund Trustees Limited v Scottish and Southern Energy Plc 25 Oct 2001 SCS Lord Macfadyen Scotland [ ScotC ] Petition of Andrew Scott and Scott Davidson for Judicial Review of A Decision To Continue Their Detention In Inhumane Prison Conditions [2001] ScotCS 242 26 Oct 2001 SCS Lord Johnston Scotland, Prisons, Constitutional, Human Rights Each applicant sought an interim order against the Scottish Minister with respect to their treatment in prison. It had been found that the conditions in Barlinnie Prison were inhumane. The Crown responded that the court had no jurisdiction to make such an order. Held: McDonald is binding on the court. An interim order could not be made. European Convention on Human Rights 3 - Court of Session Act 1988 45 1 Cites 1 Citers [ ScotC ] - [ Bailii ] Lawrie T Conway v Sheena Wood [2001] ScotSC 20; [2001] ScotSC 20 26 Oct 2001 ScSf Scotland [ Bailii ] Ford v Her Majesty's Advocate [2001] ScotHC 108 26 Oct 2001 ScHC Scotland [ Bailii ] Hardie Polymers Ltd v Polymerland Ltd [2001] ScotCS 243 31 Oct 2001 SCS Lord Macfadyen Scotland, European, Agency, Damages, Commercial 1 Cites [ ScotC ] - [ Bailii ] Martin Flynn Against A Decision of the Disciplinary Committee [2001] ScotCS 246 1 Nov 2001 SCS Scotland [ Bailii ] Inglis Mccormack v Csc Forest Products Ltd [2001] ScotCS 244 1 Nov 2001 SCS Scotland [ Bailii ] Petition of McAdam for Judicial Review [2001] ScotCS 247 1 Nov 2001 SCS Scotland [ Bailii ] Inglis McCormack v CSC Forest Products Ltd 1 Nov 2001 SCS T.G. Coutts, Q.C. Scotland [ ScotC ] Ackerman v Blackburn [2001] ScotCS 245 1 Nov 2001 SCS Lord Cameron of Lochbroom Scotland [ Bailii ] Martin Flynn Against A Decision of the Disciplinary Committee 1 Nov 2001 SCS Lord Abernethy and Lord Justice Clerk and Lord Weir Scotland [ ScotC ] Gordon Laing v Thistle Hotels Plc 2 Nov 2001 SCS Lord Eassie Scotland [ ScotC ] Gordon Laing v Thistle Hotels Plc [2001] ScotCS 248 2 Nov 2001 SCS Scotland [ Bailii ] Stephen Andrew Walker v Procurator Fiscal, Dumfries 2 Nov 2001 HCJ Lord Cameron of Lochbroom and Lord Coulsfield Scotland, Crime [ ScotC ] Grantly Developments and others v Clydesdale Bank Plc and others 6 Nov 2001 SCS T.G. Coutts, Q.C. Scotland [ ScotC ] Grantly Developments and others v Clydesdale Bank Plc and others [2001] ScotCS 251 6 Nov 2001 SCS Scotland [ Bailii ] Petition of Abbas Jalloh for Judicial Review [2001] ScotCS 252 6 Nov 2001 SCS Lord Eassie Scotland [ ScotC ] - [ Bailii ] Alexander Watson v Procurator Fiscal, Glasgow 7 Nov 2001 HCJ Lord Caplan and Lord Coulsfield and Lord Philip Scotland, Crime [ ScotC ] Alexander Watson v Procurator Fiscal Glasgow [2001] ScotHC 109 7 Nov 2001 ScHC Scotland [ Bailii ] Alexander Watson v Procurator Fiscal, Glasgow [2001] ScotHC 110 7 Nov 2001 ScHC Scotland [ Bailii ] Alexander Watson v Procurator Fiscal Glasgow 7 Nov 2001 HCJ Lord Coulsfield and Lord Caplan and Lord Philip Scotland, Crime [ ScotC ] Bank of Scotland v Mitchell [2001] ScotSC 21 8 Nov 2001 ScSf Scotland [ Bailii ] Kirk v Fife Council [2001] ScotCS 256 8 Nov 2001 SCS Lord Bonomy Scotland [ Bailii ] Olatin Archer for Judicial Review of A Determination of A Special Adjudicator [2001] ScotCS 258 9 Nov 2001 SCS Scotland, Immigration [ Bailii ] Andrew Stevens v Her Majesty's Advocate [2001] ScotCS 257 9 Nov 2001 SCS Scotland [ Bailii ] Andrew Stevens v Her Majesty's Advocate [2001] ScotHC 119 9 Nov 2001 HCJ Scotland, Crime [ Bailii ] Andrew Stevens v Her Majesty's Advocate 9 Nov 2001 SCS Lady Paton Scotland [ ScotC ] Olatin Archer for Judicial Review of A Determination of A Special Adjudicator 9 Nov 2001 SCS Lady Paton Scotland, Immigration [ ScotC ] Joseph Mckeand v Harold David Dorian 13 Nov 2001 SCS Lord Cameron of Lochbroom Scotland [ ScotC ] Khalid Anaid Inayat for Judicial Review of Decisions of A Special Adjudiciator and Immigrationappeal Tribunal [2001] ScotCS 260 13 Nov 2001 SCS Scotland [ Bailii ] Khalid Anaid Inayat for Judicial Review of Decisions of A Special Adjudiciator and Immigration Appeal Tribunal 13 Nov 2001 SCS Lord Philip Scotland, Immigration [ ScotC ] The Governor and Company of the Bank of Scotland v Messrs Fuller Peiser [2001] ScotCS 261 13 Nov 2001 SCS Lord Eassie Scotland [ ScotC ] - [ Bailii ] Joseph Mckeand v Harold David Dorian [2001] ScotCS 259 13 Nov 2001 SCS Scotland [ Bailii ] William Innes Shaw v Her Majesty's Advocate 13 Nov 2001 HCJ Lord Kirkwood and Lord Weir Scotland, Crime [ ScotC ] Archibald Fraser Finlayson and others v Robert White Turnbull and others 14 Nov 2001 SCS Lord Emslie Scotland [ ScotC ] Archibald Fraser Finlayson and others v Robert White Turnbull and others [2001] ScotCS 262 14 Nov 2001 SCS Scotland [ Bailii ] Abbey National Plc v Arthur and Sutherland [2001] ScotCS 263 19 Nov 2001 SCS Scotland [ Bailii ] Lynn Adams for Judicial Review 20 Nov 2001 SCS Lord Wheatley Scotland [ ScotC ] Adams for Judicial Review [2001] ScotCS 264 20 Nov 2001 SCS Scotland [ Bailii ] Muir v Procurator Fiscal, Lanark [2001] ScotHC 112 21 Nov 2001 HCJ Lord Cameron of Lochbroom and Lord Marnoch and Lord McCluskey Scotland, Crime [ Bailii ] - [ ScotC ] Ali v Andrew Or Ali for Suspension and Interdict [2001] ScotCS 265 22 Nov 2001 SCS Lord Nimmo Smith Scotland Petition for suspension of interdict. 1 Cites 1 Citers [ ScotC ] - [ Bailii ] Ahmed Khan v the Secretary of State for the Home Department [2001] ScotCS 266 23 Nov 2001 SCS Scotland [ Bailii ] Norma Murray v the National Association of Round Tables of Great Britain and Ireland and others [2001] ScotCS 270 23 Nov 2001 SCS Scotland [ Bailii ] Peter Paton v Mohammed Sarwar [2001] ScotCS 271 23 Nov 2001 SCS Scotland [ Bailii ] Bogie Trading As Oakbank Services v The Forestry Commission; SCS 23-Nov-2001 - [2001] ScotCS 267; 2002 SCLR 278 Petition of John Brian Mcmeans Gardiner for Suspension of A Calling-Up Notice [2001] ScotCS 272 23 Nov 2001 SCS Scotland [ Bailii ] Ahmed Khan v the Secretary of State for the Home Department 23 Nov 2001 SCS Lord Justice Clerk and Lord Weir and Lord Wheatley Scotland [ ScotC ] Peter Paton v Mohammed Sarwar 23 Nov 2001 SCS Lord Coulsfield and Lord Dawson and Lord McCluskey Scotland [ ScotC ] utherland v Barry and Barry [2001] ScotCS 269 23 Nov 2001 SCS Lord Eassie Scotland, Torts - Other, Contract 1 Cites 1 Citers [ ScotC ] - [ Bailii ] Norma Murray v the National Association of Round Tables of Great Britain and Ireland and others 23 Nov 2001 SCS Lord McCluskey and Lord Coulsfield and Lady Cosgrove Scotland [ ScotC ] John Bogie Trading As Oakbank Services v the Forestry Commission 23 Nov 2001 SCS Lord Macfadyen Scotland [ ScotC ] Petition of John Brian Mcmeans Gardiner for Suspension of A Calling-Up Notice 23 Nov 2001 SCS Lady Paton Scotland [ ScotC ] Gorrie v Marist Brothers [2001] ScotCS 288 26 Nov 2001 SCS Scotland [ Bailii ] Michael Gorrie v The Marist Brothers [2001] ScotSC 22 26 Nov 2001 ScSf Sheriff Principal John McInnes, QC Scotland [ Bailii ] - [ ScotC ] Neil Angus Macdonald v Duncan Brough [2001] ScotCS 273 28 Nov 2001 SCS Scotland [ Bailii ] Stanley Carnall v Her Majesty's Advocate [2001] ScotHC 113 28 Nov 2001 HCJ Lord Cameron of Lochbroom and Lord Nimmo Smith and Lord Justice Clerk Scotland, Crime [ Bailii ] - [ ScotC ] Sharon Anderson (Ap) for Judicial Review [2001] ScotCS 274 28 Nov 2001 SCS Scotland [ Bailii ] Sharon Anderson (Ap) for Judicial Review 28 Nov 2001 SCS Lord Eassie Scotland [ ScotC ] Neil Angus Macdonald v Duncan Brough 28 Nov 2001 SCS Lord Bonomy Scotland [ ScotC ] Mahomed Esmail and Zubeda Esmail v The Governor and Company of the Bank of Scotland and Bashir Karim [2001] ScotCS 275 30 Nov 2001 SCS Scotland [ Bailii ] Mahomed Esmail and Zubeda Esmail v the Governor and Company of the Bank of Scotland and Bashir Karim 30 Nov 2001 SCS Lord Macfadyen Scotland [ ScotC ] Elizabeth Bray Wilson Or Gailey v Derek Charles Gailey [2001] ScotCS 276 4 Dec 2001 SCS Scotland [ Bailii ] James Stangoe v Terex Equipment Limited 4 Dec 2001 SCS Lord Wheatley Scotland [ ScotC ] James Stangoe v Terex Equipment Limited [2001] ScotCS 277 4 Dec 2001 SCS Scotland [ Bailii ] Milnbank Housing Association Ltd v Page and Park and the Mccrorie and Glaister Partnership 4 Dec 2001 SCS Lord Carloway Scotland [ ScotC ] Konrad Andrew Flaws and others v the International Oil Pollution Compensation Fund [2001] ScotCS 278 4 Dec 2001 SCS Lord Marnoch and Lord Kingarth and Lord McCluskey Scotland [ ScotC ] - [ Bailii ] Elizabeth Bray Wilson Or Gailey v Derek Charles Gailey 4 Dec 2001 SCS Lord Johnston Scotland [ ScotC ] Milnbank Housing Association Ltd v Page and Park and the Mccrorie and Glaister Partnership [2001] ScotCS 279 4 Dec 2001 SCS Scotland [ Bailii ] In Petition By Kirsteen Elizabeth Mcbride 4 Dec 2001 HCJ Lord Hamilton and Lord Caplan and Lord McEwan Scotland, Crime [ ScotC ] Digby Brown v Laura Ackerman [2001] ScotCS 280 5 Dec 2001 SCS Lord Coulsfield and Lord Johnston and Lord Caplan Scotland [ ScotC ] - [ Bailii ] Mccutcheon v Her Majesty's Advocate [2001] ScotHC 114 5 Dec 2001 HCJ Lord Justice Clerk and Lord Coulsfield and Lord Penrose and Lord Macfadyen and Lady Cosgrove and Lord Nimmo Smith and Lord Kingarth and Lord Wheatley and Lord Clarke Scotland, Crime [ Bailii ] - [ ScotC ] Patrick Queen v Secretary of State for Trade and Industry Unreported, 06 December 2001 6 Dec 2001 SCS Scotland, Company Company Directors Disqualification Act 1986 8A 1 Citers Alister Brown and Robert Carruthers Mitchell v Her Majesty's Advocate 7 Dec 2001 HCJ Lord Caplan and Lord Hamilton and Lord MacLean Scotland, Crime [ ScotC ] Brown and Another v Her Majesty's Advocate [2001] ScotCS 289 7 Dec 2001 SCS Scotland [ Bailii ] Fleming v Her Majesty's Advocate [2001] ScotHC 120 7 Dec 2001 HCJ Scotland, Crime [ Bailii ] Wayne David Fleming v Her Majesty's Advocate 7 Dec 2001 HCJ Lord Caplan and Lord Hamilton and Lord MacLean Scotland, Crime [ ScotC ] Fleming v Her Majesty's Advocate [2001] ScotCS 290 7 Dec 2001 SCS Scotland [ Bailii ] Mohammed Asif v Secretary of State for the Home Department [2001] ScotCS 283 11 Dec 2001 SCS Scotland [ Bailii ] Phillips v Kvaerner Govan Ltd; SCS 11-Dec-2001 - [2001] ScotCS 284 Mohammed Asif v Secretary of State for the Home Department 11 Dec 2001 SCS Lord Coulsfield Scotland [ ScotC ] Patterson v Butler and North Lanarkshire Council for Authority To Disinter the Remains of the Late Margaret Dunn Or Black and Peter Butler Jnr [2001] ScotCS 282 11 Dec 2001 SCS Lord Carloway Scotland [ ScotC ] - [ Bailii ] Phillips v Kvaerner Govan Ltd 11 Dec 2001 SCS Lord Reed Scotland [ ScotC ] Petition of Shba Limited v the Scottish Ministers and the Glasgow and Clyde Valley Structure Plan Joint Committee for Judicial Review 13 Dec 2001 SCS Lord Macfadyen Scotland [ ScotC ] John Farquhar Anderson v Ruaraigh Hogg [2001] ScotCS 287 14 Dec 2001 SCS Scotland [ Bailii ] Anderson v Hogg Times, 22 January 2002 14 Dec 2001 IHCS Lord Coulsfield, Lord Hamilton and Lord Prosser Scotland, Company The appellant sought an order under the section for repayment to the company of sums paid to a director by way of extra redundancy payments. He said the payments were improper. His application had been refused, in part because he had not chosen the more direct method of asking the company to seek repayment directly, and also because the applicant had not shown the necessary element of unfairness, over and above unlawfulness. Held: The existence of the alternate and more straightforward method of recouping the payment did not invalidate the request for this order. It was clear that the action was not unavailable, and that the payment had not been approved by the company as a whole. Nevertheless the jurisdiction should be exercised only on established principles of equity. Here the order should be granted. Companies Act 1985 459 1 Cites 1 Citers [ ScotC ] Giles Wilfred Dove and Katherine Ann Dove for Judicial Review of the Scottish Ministers In Relation To St Mary's Episcopal Primary School, Dunblane 14 Dec 2001 SCS Lord Eassie Scotland [ ScotC ] Mary Miller (Ap) v Perth and Kinross Council [2001] ScotCS 292 14 Dec 2001 SCS Lord Hamilton Scotland [ ScotC ] - [ Bailii ] Dove and Another for Judicial Review of the Scottish Ministers In Relation To St. Mary's Episcopal Primary School, Dunblane [2001] ScotCS 291 14 Dec 2001 SCS Scotland [ Bailii ] Labinski Ltd v Bp Oil Development Ltd &C [2001] ScotCS 294 18 Dec 2001 SCS Scotland [ Bailii ] Labinski Ltd v Bp Oil Development Ltd &C 18 Dec 2001 SCS T.G. Coutts, Q.C. Scotland [ ScotC ] Davidson, Reclaiming Motion In Petition Of, for Judicial Review of A Decision To Continue To Detain the Prisoner In Inhuman and Degrading Prison C [2001] ScotCS 293 18 Dec 2001 SCS Scotland [ Bailii ] Roadvert Limited &C v John Dunlop Pitt 18 Dec 2001 SCS Lord Clarke Scotland [ ScotC ] Reclaiming Motion In Petition of Scott Davidson for Judicial Review of A Decision To Continue To Detain the Prisoner In Inhuman and Degrading Prison C 18 Dec 2001 SCS Lord Marnoch and Lord Hardie and Lord Weir Scotland, Prisons, Human Rights, Constitutional A prisoner sought an order for his removal from a prison found to have a regime which breached his human rights. The Crown replied that an order could not be made under s21 of the 1947 Act. Held: The prisoner had followed through his rights to petition the governor. Had he done so and failed, he would have been able to seek judicial review. Nevertheless, the case should now go ahead. The pleas in law were rejected. European Convention on Human Rights 3 - Crown Proceedings Act 1947 47 - Prisons (Scotland) Act 1989 3(1) - Scotland Act 1998 57(2) 1 Cites 1 Citers [ ScotC ] Guild (Ap) By her Legal Representatives for Judicial Review v [2001] ScotCS 295 19 Dec 2001 SCS Scotland [ Bailii ] Wayne Werfel v Norfrost Limited 19 Dec 2001 OHCS Lord Wheatley Scotland [ ScotC ] Thomson for Authority To Uplift Consigned Money [2001] ScotCS 296 19 Dec 2001 SCS Scotland [ Bailii ] Jack James Guild (Ap) By her Legal Representatives Scott Guilt and Jill Guild All Residing at 69 Malbet Park, Edinburgh, Eh16 6Wb for Judicial Review 19 Dec 2001 SCS Lord Emslie Scotland [ ScotC ] Alan Clark Thomson for Authority To Uplift Consigned Money 19 Dec 2001 SCS Lord Emslie Scotland [ ScotC ] Wereful v Norfrost Limited [2001] ScotCS 297 19 Dec 2001 SCS Scotland [ Bailii ] David Douglas Watson Nelson v Fife Council 20 Dec 2001 SCS Lord Reed Scotland [ ScotC ] Nelson v Fife Council [2001] ScotCS 298 20 Dec 2001 SCS Scotland [ Bailii ] Robert Purdie v City of Glasgow Council 21 Dec 2001 SCS Lord Hamilton Scotland [ ScotC ] Felicity Mackay-Ludgate v the Lord Advocate 21 Dec 2001 SCS Lord Philip Scotland [ ScotC ] Moodiesburn House Hotel Limited v Norwich Union Insurance Ltd and HSBC Insurance Brokers Limited 21 Dec 2001 SCS Lord Macfadyen Scotland, Insurance [ ScotC ] Umair v Rahila Majid Or Umair [2001] ScotCS 305 21 Dec 2001 SCS Scotland [ Bailii ] Turner v Secretary of State for Social Security [2001] ScotCS 304 21 Dec 2001 SCS Scotland [ Bailii ] Purdie v City of Glasgow Council [2001] ScotCS 302 21 Dec 2001 SCS Scotland [ Bailii ] Mackay-Ludgate v Lord Advocate [2001] ScotCS 300 21 Dec 2001 SCS Scotland [ Bailii ] Moodiesburn House Hotel Ltd v Norwich Union Insurance Ltd and Another [2001] ScotCS 301 21 Dec 2001 SCS Scotland [ Bailii ] Turner v Secretary of State for Social Security 21 Dec 2001 SCS Lord Cameron of Lochbroom and Lord Coulsfield and Lord Nimmo Smith Scotland [ ScotC ] Muhammud Firaz Umair v Rahila Majid Or Umair 21 Dec 2001 SCS Lord Caplan and Lord Coulsfield and Lord Johnston Scotland [ ScotC ] Benson v Scottish Lion Engineering Ltd [2001] ScotCS 299 21 Dec 2001 SCS Scotland [ Bailii ] Benson v Scottish Lion Engineering Ltd 21 Dec 2001 SCS Lord Justice Clerk and Lord MacLean and Lady Paton Scotland [ ScotC ] Miller H Caldwell, Authority Reporter for Dumfries and Galloway v N J L I and D E I and the Scottish Legal Aid Board 27 Dec 2001 ScSf Sheriff Principal John McInnes, QC Scotland, Legal Aid [ ScotC ]
		Copyright 2014 David Swarbrick, 10 Halifax Road, Brighouse, West Yorkshire HD6 2AG.

swarb.co.uk - law index

Scotland - From: 2001 To: 2001