

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. Â
		Scotland - From: 2002 To: 2002 This page lists 656 cases, and was prepared on 20 May 2019. Â Ghani v Peter T McCann and Co 2002 SLT (Sh Ct) 135 2002 Scotland 1 Citers Â John Henry Pope v the Advocate General for Scotland 4 Jan 2002 SCS T.G. Coutts, Q.C. Scotland [ ScotC ] Â Whitbread (Hotels) Ltd and Another v Walkmore (95) Ltd Times, 18 January 2002 4 Jan 2002 OHCS Lord Eassie Scotland, Company, Limitation Where application was made to restore a company to the register, to face court action, the court should look at the issues of limitation, and at how any delays had arisen. Held: The court should be aware of the potential prejudice created by the use of the section. In this case there was no reason why the claimant should escape the normal consequences of that part of the delay which lay at his feet. Companies Act 1985 653(3) 1 Cites Â Hanover (Scotland) Housing Association Limited and for Judicial Review of A Decision of Michael Sandford, Arbiter [2002] ScotCS 2 4 Jan 2002 SCS Lord Wheatley Scotland 1 Cites [ Bailii ] - [ ScotC ] Â Cumbernauld Development Corporation v HM Commissioners of Customs and Excise [2002] ScotCS 1 4 Jan 2002 SCS Lord Justice Clerk and Lord Coulsfield and Lord MacLean Scotland [ Bailii ] - [ ScotC ] Â Whitbread (Hotels) Limited v Whitbread (Gc) Limited for an Order In Terms of Section 653 of the Companies Act 1985 for the Name of Walkmore (95) Limited To Be Restored To the Regi 4 Jan 2002 SCS Lord Eassie Scotland, Company [ ScotC ] Â Whitbread (Hotels) Ltd v Whitbread (Gc) Ltd [2002] ScotCS 4 4 Jan 2002 SCS Scotland [ Bailii ] Â Pope v the Advocate General for Scotland [2002] ScotCS 3 4 Jan 2002 SCS Scotland [ Bailii ] Â Mclean v Procurator Fiscal, Perth [2002] ScotHC 340 8 Jan 2002 HCJ Scotland, Crime [ Bailii ] Â Barry Mclean v Procurator Fiscal, Perth [2002] ScotCS 5 8 Jan 2002 HCJ Lord Coulsfield and Lord Caplan and Lord Philip Scotland, Crime [ Bailii ] - [ ScotC ] Â Scottish Power Generation Ltd v British Energy Generation (Uk) Ltd &C and Sse Energy Supply Limited 10 Jan 2002 SCS Lord Macfadyen Scotland [ ScotC ] Â Murray v Procurator Fiscal, Kilmarnock [2002] ScotHC 341 10 Jan 2002 HCJ Scotland, Crime [ Bailii ] Â Hendrie v Scottish Ministers [2002] ScotCS 7 10 Jan 2002 SCS Lord Kingarth Scotland, Negligence 1 Cites [ Bailii ] - [ ScotC ] Â Stewart Gillespie v Her Majesty's Advocate 10 Jan 2002 HCJ Lady Cosgrove and Lord Kirkwood and Lord Osborne Scotland, Crime [ ScotC ] Â Murray v Procurator Fiscal, Kilmarnock [2002] ScotCS 8 10 Jan 2002 SCS Scotland [ Bailii ] Â Scottish Power Generation Ltd v British Energy Generation (Uk) Ltd and Another [2002] ScotCS 9 10 Jan 2002 SCS Scotland [ Bailii ] Â Pet 10 Jan 2002 SCS Lady Smith Scotland [ ScotC ] Â Ejaz for Judicial Review, Petition of [2002] ScotCS 6 10 Jan 2002 SCS Scotland [ Bailii ] Â William Burns Murray v Procurator Fiscal, Kilmarnock 10 Jan 2002 HCJ Lord Caplan and Lord Kirkwood and Lord Philip Scotland, Crime [ ScotC ] Â McCrindle Group Ltd v Willis Corroon Scotland Limited 10 Jan 2002 SCS Lord Hamilton Scotland [ ScotC ] Â Amara for Judicial Review, Petition of [2002] ScotCS 10 11 Jan 2002 SCS Scotland [ Bailii ] Â Petition of Said Amara for Judicial Review 11 Jan 2002 SCS Lord Nimmo Smith Scotland [ ScotC ] Â Gerrard and Another v Royal Infirmary of Edinburgh NHS Trust [2002] ScotCS 11 11 Jan 2002 SCS Scotland [ Bailii ] Â Margaret Brown Gerrard and Raymond Alexander Waddell Gerrard v Royal Infirmary of Edinburgh NHS Trust 11 Jan 2002 SCS Lady Paton Scotland [ ScotC ] Â Karl Construction Limited v Palisade Properties Plc [2002] ScotCS 350; 2002 SC 270 14 Jan 2002 SCS Lord Drummond Young Scotland, Litigation Practice, Human Rights The maintenance of procedural safeguards is necessary if the use of the Mareva injunction procedure is not to be held to be incompatible with article 1 of the First Protocol to the European Convention on Human Rights. 1 Citers [ ScotC ] - [ Bailii ] Â Cunningham or Shields v Shields 16 Jan 2002 SCS Lord Marnoch Scotland [ ScotC ] Â Cunningham v Shields [2002] ScotCS 342 16 Jan 2002 SCS Scotland [ Bailii ] Â Cusick v Campbell [2002] ScotCS 12 16 Jan 2002 SCS Scotland [ Bailii ] Â L v Scottish Ministers [Xa103 - 01 Htm] Scotcs 1 [2002] ScotCS 14; [2002] ScotCS 14 17 Jan 2002 SCS Scotland [ Bailii ] Â Mullen v Refusal of Leave To Appeal By Social Security Commissioner [2002] ScotCS 15 17 Jan 2002 SCS Scotland, Benefits [ Bailii ] Â John Hall v Mark Crawford 17 Jan 2002 SCS Lord Cameron of Lochbroom and Lord Marnoch and Lord Nimmo Smith Scotland [ ScotC ] Â Hall v Crawford [2002] ScotCS 352 17 Jan 2002 SCS Scotland [ Bailii ] Â Mullen v Refusal of Leave To Appeal By Social Security Commissioner 17 Jan 2002 SCS Lord Bonomy and Lord Eassie and Lord Justice Clerk Scotland, Benefits [ ScotC ] Â L v Scottish Ministers 17 Jan 2002 SCS Lord Coulsfield and Lord Justice Clerk and Lord MacLean Scotland [ ScotC ] Â James Hunnam v Procurator Fiscal, Haddington 18 Jan 2002 HCJ Lord Coulsfield and Lord Carloway and Lord Marnoch Scotland, Crime [ ScotC ] Â Steven John Devine and others for Judicial Review of A Decision of Moray Council Made on 13Th December 2000 18 Jan 2002 SCS Lord Eassie Scotland [ ScotC ] Â Lothian and Borders Police Board for Judicial Review of A Medical Certificate [2002] ScotCS 19; [2002] ScotCS 19 22 Jan 2002 SCS Scotland [ Bailii ] Â Champion Technologies v Raymond Smith Anor [2002] ScotCS 18; [2002] ScotCS 18 22 Jan 2002 SCS Scotland [ Bailii ] Â Champion Technologies v Raymond Smith and Dunlaw Subsea Markers Limited 22 Jan 2002 SCS Lord Eassie Scotland [ ScotC ] Â Petition for Judicial Review By Karl Construction (Scotland) Limited v Sweeney Civil Engineering (Scotland) Limited 22 Jan 2002 SCS Lord Marnoch Scotland [ ScotC ] Â Lothian and Borders Police Board for Judicial Review of A Medical Certificate 22 Jan 2002 SCS Lord Hamilton Scotland [ ScotC ] Â Helen Lewis v Graham Richardson 23 Jan 2002 SCS Lord Reed Scotland [ ScotC ] Â Robbie the Pict v Her Majesty's Advocate 23 Jan 2002 HCJ Lord Cameron of Lochbroom and Lady Cosgrove and Lord Carloway Scotland, Crime [ ScotC ] Â Caledonian Heritable Limited v Canyon Investments Limited 23 Jan 2002 SCS Lord Marnoch Scotland [ ScotC ] Â James Wray v Associated Newspaper Ltd and Another 23 Jan 2002 SCS Lord Kirkwood Scotland [ ScotC ] Â Hoekstra and Van Rijs and Van Rijs and Van Rijs v Her Majesty's Advocate [2002] ScotCS 20 23 Jan 2002 HCJ Lord Coulsfield and Lord Justice Clerk and Lord Osborne Scotland, Crime 1 Cites [ ScotC ] - [ Bailii ] Â Hoekstra and others v Her Majesty's Advocate [2002] ScotHC 343 23 Jan 2002 HCJ Scotland, Crime [ Bailii ] Â Wray v Associated Newspaper Ltd and Another [Kirk1211 Htm] Scotcs 1 [2002] ScotCS 22 23 Jan 2002 SCS Scotland [ Bailii ] Â Lewis v Richardson [2002] ScotCS 21 23 Jan 2002 SCS Scotland [ Bailii ] Â Ronnie Sneddon v the Scottish Ministers [2002] ScotCS 23 24 Jan 2002 SCS Lord Menzies Scotland [ ScotC ] - [ Bailii ] Â Crooks v Procurator Fiscal, Cupar [2002] ScotCS 24 25 Jan 2002 HCJ Lord Coulsfield and Lord Dawson and Lady Paton Scotland, Crime [ ScotC ] - [ Bailii ] Â Crooks v Procurator Fiscal, Cupar [2002] ScotHC 344 25 Jan 2002 HCJ Scotland, Crime [ Bailii ] Â Dunalastair Investments Ltd for Recall of Inhibition [2002] ScotCS 25; [2002] ScotCS 25 25 Jan 2002 SCS Scotland [ Bailii ] Â Dunalastair Investments Ltd for Recall of Inhibition 25 Jan 2002 SCS Lord Mackay of Drumadoon Scotland [ ScotC ] Â Clark Contracts Ltd v The Burrell Co (Construction Management) Ltd 25 Jan 2002 ScSf Sheriff J.A. Taylor Scotland [ ScotC ] Â v P Packaging Limited v the Adf Partnership and Another 29 Jan 2002 SCS Lord Wheatley Scotland [ ScotC ] Â Dyer v Watson and Burrows Times, 04 February 2002; (DRA Nos 1 and 2 of 2001); 2002 SLT 229; [2004] 1 AC 379; [2002] UKPC D1 29 Jan 2002 PC Lord Bingham of Cornhill, Lord Hope of Craighead Lord Hutton, Lord Millett, Lord Rodger of Earlsferry Criminal Practice, Scotland, Crime, Human Rights Parties challenged the compliance of proceedings with the convention where there had been considerable delay. Held: The reasonable detention provision (article 5(3)) and the reasonable time requirement (article 6(1)) conferred free-standing rights, which could be broken notwithstanding absence of effect on the fairness of the trial. The threshold for delay was high, but once established the court must look at the particular case, referring to the complexity of the case, contributions to the delay by the defendant and by the prosecution. Shortage of facilities for prosecutors was not to be accepted as a valid reason for delay. Neither defendant was held in custody. In one case, police officers complained of a twenty month delay. That was not sufficient to breach their rights. A youth complained of a twenty seven month delay. He was still only sixteen at the date of trial This delay did infringe his rights. When examining the reasonable time provisions for children, the court must also look to obligations under the UN Convention. (The High Court of Justiciary) During a trial, the appellant police officers gave evidence which the sheriff openly said appeared to him to be perjured. The officers complained that the delay in prosecution was a devolution issue, and an infringement of their rights to a speedy trial. The second case involved a delayed case involving investigation of allegations of child sex abuse by a youth. Held: The delay from April 1998 to January 1999 had to be looked at in the context of the simplicity of the case against the officers and the need for prosecutions of police officers to be given priority. In JK's case the prosecution was required to proceed within a year and had failed to do so. The procedural law of Scotland is distinctive in including stringent rules to avoid delay in criminal proceedings, but the statutory rules do not apply to summary proceedings. The reasonable detention and reasonable time requirements confer important rights on the individual, and they should not be watered down or weakened, but the rights do not exist in a vacuum. The convention is concerned not with departures from the ideal, but with infringements of basic human rights. In the police officers' case a delay of twenty months was not enough of itself to be such an infringement. The prosecutors appeal against the action being struck out was upheld. In JKs case as a child it was important that proceedings be speedy. In this case an overall delay of up to 28 months was in the absence of proper explanation from the crown, unreasonable. European Convention for the Protection of Human Rights and Fundamental Freedoms - United Nations Convention on the Rights of the Child and the United Nations Standard Minimum Rules for the Administration of Justice - European Convention on Human Rights - Scotland Act 1998 6 - Criminal Procedure (Scotland) Act 1995 65(1) - United Nations Convention on the Rights of the Child 1 Cites 1 Citers [ PC ] - [ PC ] - [ PC ] - [ Bailii ] - [ PC ] Â v P Packaging Ltd v Adf Partnership and Another [2002] ScotCS 26; [2002] ScotCS 26 29 Jan 2002 SCS Scotland [ Bailii ] Â Kerr v Her Majesty's Advocate [2002] ScotHC 345 30 Jan 2002 HCJ Scotland, Crime [ Bailii ] Â Tesco Stores Ltd for Judicial Review of A Purported Decision of the Scottish Ministers [2002] ScotCS 29 30 Jan 2002 SCS Lord Abernethy Scotland, Planning 1 Cites [ ScotC ] - [ Bailii ] Â Kenneth Kerr v Her Majesty's Advocate [2002] ScotCS 27 30 Jan 2002 HCJ Lord Justice Clerk and Lord Cameron of Lochbroom and Lord McCluskey Scotland, Crime [ ScotC ] - [ Bailii ] Â King v University Court of the University of St Andrews [2002] ScotCS 28; [2002] IRLR 252 30 Jan 2002 SCS Lady Smith Scotland, Employment The University had employed the pursuer on terms that it was entitled "for good cause shown to terminate the appointment of the employee by giving three months' notice in writing". He claimed on two bases, first, a breach of the alleged express term not to terminate his employment except on good cause shown, and, secondly, a breach of an alleged implied term of trust and confidence consisting in an alleged failure to act fairly and reasonably in investigating whether good cause was shown. The issue before Lady Smith concerned the second basis of claim. Held: She distinguished Johnson on the basis that the University was only entitled to terminate the claimant's appointment by three months' notice "for good cause shown", and she held that this involved the implication that there should, before any dismissal, be a prior hearing and investigation, fairly conducted in accordance with a mutual duty of trust and confidence. If before dismissal, whether actual or constructive, an employee has acquired a cause of action at law, for breach of contract or otherwise, that cause of action survives his subsequent unfair dismissal. 1 Cites 1 Citers [ ScotC ] - [ Bailii ] Â Carole Patricia Jones Or Smith and others v D J Smart (Contractors) Public Limited Company 31 Jan 2002 SCS Lady Paton Scotland [ ScotC ] Â Graham (Ap) v East of Scotland Water Authority [2002] ScotCS 30; [2002] ScotCS 30 1 Feb 2002 SCS Scotland [ Bailii ] Â Gardiner v Jacques Vert Plc 1 Feb 2002 SCS Lord Cameron of Lochbroom and Lord Dawson and Lord Marnoch Scotland [ ScotC ] Â Lynne Patricia Graham (Ap) v East of Scotland Water Authority 1 Feb 2002 SCS Lord Emslie Scotland [ ScotC ] Â Harjit Singh v Secretary of State for Home Department 5 Feb 2002 SCS Lord Cameron of Lochbroom and Lord Bonomy and Lord Morison Scotland [ ScotC ] Â Singh v Secretary of State for Home Department [2002] ScotCS 31; [2002] ScotCS 31 5 Feb 2002 SCS Scotland [ Bailii ] Â Julian Struthers Danskin for Judicial Review of A Decision of the Law Society of Scotland 6 Feb 2002 SCS Lady Cosgrove Scotland, Legal Professions [ ScotC ] Â Danskin for Judicial Review of A Decision of the Law Society of Scotland [2002] ScotCS 32 6 Feb 2002 SCS Scotland, Legal Professions [ Bailii ] Â A J E v Her Majesty's Advocate 6 Feb 2002 HCJ Lord Hamilton and Lord McCluskey and Lord Justice Clerk Scotland, Crime [ ScotC ] Â In Petition To the Nobile Officium of the High Court of Justiciary By Mary Ryan 6 Feb 2002 HCJ Lady Cosgrove and Lady Paton and Lord Justice Clerk and Lord Marnoch and Lord Reed Scotland, Crime [ ScotC ] Â McKenzie v Barclay Curle Ltd and P and O Shipping Limited and Upper Clyde Shipbuilders Limited [2002] ScotCS 34 7 Feb 2002 SCS Lady Paton Scotland [ Bailii ] Â Her Majesty's Advocate v Robert David Docherty Urquhart 7 Feb 2002 HCJ Lord Mackay of Drumadoon Scotland, Crime [ ScotC ] Â Martin v Her Majesty's Advocate [2002] ScotHC 346 7 Feb 2002 HCJ Scotland, Crime [ Bailii ] Â Craig Inness Martin v Her Majesty's Advocate 7 Feb 2002 HCJ Lord Kirkwood and Lord Cowie and Lord Caplan Scotland, Crime [ ScotC ] Â Martin v Her Majesty's Advocate [Kirk1912 Htm] Scotcs 2 [2002] ScotCS 33 7 Feb 2002 SCS Scotland [ Bailii ] Â J S and T K v M N 8 Feb 2002 SCS Lord Cameron of Lochbroom and Lord Emslie and Lord Reed Scotland [ ScotC ] Â T M and J M v M N 8 Feb 2002 SCS Lord Cameron of Lochbroom and Lord Emslie and Lord Reed Scotland [ ScotC ] Â W L Sleigh Ltd v J and H Marsh and Mclennan (Uk) Ltd [2002] ScotCS 35; [2002] ScotCS 35 8 Feb 2002 SCS Scotland [ Bailii ] Â Gormley and Another v Her Majesty's Advocate [2002] ScotHC 1 12 Feb 2002 HCJ Scotland, Crime [ Bailii ] Â McMahon, McFadyen and Lawrence Strachan Rew and Against A Decision of the Scottish Solicitors' Discipline Tribunal In A Complaint By the Council of the Law Society of Scotland 12 Feb 2002 SCS Lord Caplan and Lord Justice Clerk and Lord MacLean Scotland, Legal Professions [ ScotC ] Â Petition of Mcmahon and others Against A Decision of the Scottish Solicitors' Discipline Tribunal [P1091 - 1125 - 00 Htm] Scotcs 125 - 00 [2002] ScotCS 36 12 Feb 2002 SCS Scotland, Legal Professions [ Bailii ] Â Daniel and Ella Gormley v Her Majesty's Advocate 12 Feb 2002 HCJ Lord Cameron of Lochbroom and Lord Kingarth and Lord Carloway Scotland, Crime [ ScotC ] Â Robb v Dundee City Council [2002] ScotCS 37 13 Feb 2002 SCS Lord Cameron of Lochbroom and Lord Johnston and Lady Paton Scotland 1 Cites [ ScotC ] - [ Bailii ] Â Scottish Enterprise v Russell and Another [2002] ScotCS 38; [2002] ScotCS 38 13 Feb 2002 SCS Scotland [ Bailii ] Â Scottish Enterprise v Archibald Russell of Denny Ltd and Ibstock Scottish Brick Ltd 13 Feb 2002 SCS Lord Johnston and Lord Cameron of Lochbroom and Lord Wheatley Scotland [ ScotC ] Â Shaun George Reynolds v Procurator Fiscal, Linlithgow 14 Feb 2002 HCJ Lord Kirkwood and Lord Nimmo Smith Scotland, Crime [ ScotC ] Â Reynolds v Procurator Fiscal [2002] ScotCS 41 14 Feb 2002 SCS Scotland [ Bailii ] Â Morton v South Ayrshire Council Times, 01 March 2002 14 Feb 2002 IHCS Lord Justice-Clerk (Lord Gill), Lord MacLean and Lord Caplan Scotland, Employment, Discrimination, European The applicants were head teachers employed in junior schools. They alleged sex discrimination, and sought to use as comparators head teachers from different local authorities. The comparators had been put forward on the basis that the teacher in question was male and was being paid at a higher rate for work that was like work or work of equal value. Held: Teachers were paid under a system of nationally settled wages. That system was recognised by statute. Accordingly it was appropriate to allow applicants to take as comparators other workers who were not employed by the same employer. The case did not need to be referred to the European Court of Justice, but was instead remitted to the tribunal. Equal Pay Act 1970 1 - Education (Scotland) Act 1980 - EU Treaty Art 141 1 Cites Â Mckie v John Orr [2002] ScotCS 40 14 Feb 2002 SCS Scotland [ Bailii ] Â Her Majesty's Advocate v Graeme George Dickie [2002] ScotCS 39; [2002] ScotHC 3 14 Feb 2002 HCJ Lord Hardie Scotland, Crime [ ScotC ] - [ Bailii ] - [ Bailii ] Â South Ayrshire Council v Decision of the Employment Appeal Tribunal [2002] ScotCS 42 14 Feb 2002 SCS Lord Justice Clerk Scotland, Employment [ ScotC ] - [ Bailii ] Â Reynolds v Procurator Fiscal [2002] ScotHC 2 14 Feb 2002 HCJ Scotland, Crime [ Bailii ] Â Shirley Jane Mckie v John Orr 14 Feb 2002 SCS Lord Emslie Scotland [ ScotC ] Â Notman v Her Majesty's Advocate [2002] ScotHC 7 15 Feb 2002 HCJ Scotland, Crime [ Bailii ] Â George Forrester v Her Majesty's Advocate 15 Feb 2002 HCJ Lord Kingarth and Lord Cameron of Lochbroom and Lady Cosgrove Scotland, Crime [ ScotC ] Â David Michael Mcdonagh v Her Majesty's Advocate 15 Feb 2002 HCJ Lord Cameron of Lochbroom and Lady Cosgrove and Lord Wheatley Scotland, Crime [ ScotC ] Â Gary Mclaughlin v Procurator Fiscal, Kirkcaldy [2002] ScotCS 44 15 Feb 2002 HCJ Lord Caplan and Lord Coulsfield and Lord Philip Scotland, Crime [ ScotC ] - [ Bailii ] Â Robert Andrew Mcfall Mcfarlane v Procurator Fiscal, Paisley [2002] ScotCS 43 15 Feb 2002 HCJ Lord Coulsfield and Lord Carloway and Lord Wheatley Scotland, Crime [ ScotC ] - [ Bailii ] Â Mcdonagh v Her Majesty's Advocate [2002] ScotHC 6 15 Feb 2002 HCJ Scotland, Crime [ Bailii ] Â Mclaughlin v Procurator Fiscal [2002] ScotHC 5 15 Feb 2002 HCJ Scotland, Crime [ Bailii ] Â North Sea Equipment Rentals Inc v Drilltech Services (North Sea) Ltd [2002] ScotCS 45 15 Feb 2002 SCS Scotland [ Bailii ] Â John Easson Notman v Her Majesty's Advocate 15 Feb 2002 HCJ Lord Cameron of Lochbroom and Lady Cosgrove and Lord Kingarth Scotland, Crime [ ScotC ] Â Mcfarlane v Procurator Fiscal [2002] ScotHC 8 15 Feb 2002 HCJ Scotland, Crime [ Bailii ] Â North Sea Equipment Rentals Inc v Drilltech Services (North Sea) Limited 15 Feb 2002 SCS Lord MacLean Scotland [ ScotC ] Â Ann Reddington and others v Alister Macinnes and others [2002] ScotCS 46 15 Feb 2002 SCS Lord Clarke Scotland [ ScotC ] - [ Bailii ] Â Wardlaw v Fife Health Board [2002] ScotCS 47 19 Feb 2002 SCS Lord Marnoch Scotland, Personal Injury 1 Cites [ ScotC ] - [ Bailii ] Â Borwick v Procurator Fiscal, Kirkwall 21 Feb 2002 HCJ Lord Coulsfield and Lord Carloway and Lord Wheatley Scotland, Crime [ ScotC ] Â Borwick v Procurator Fiscal, Kirkwall [2002] ScotCS 49; [2002] ScotCS 49 21 Feb 2002 SCS Scotland [ Bailii ] Â Borwick v Procurator Fiscal [2002] ScotHC 9 21 Feb 2002 HCJ Scotland, Crime [ Bailii ] Â Richard King and Roland Michael Duffell 21 Feb 2002 ScSf Sheriff R.A. Davidson Scotland, Coroners Fatal Accidents Inquiry (Scotland) Act 1976 [ ScotC ] Â Lisa Davidson Or Holmes and Another v The Governor and Company of the Bank of Scotland [2002] ScotCS 50 21 Feb 2002 SCS Lord Kingarth Scotland [ ScotC ] - [ Bailii ] Â Hand (Ap) v North of Scotland Water Authority [A1403 - 01 Htm] Scotcs 1 [2002] ScotCS 51; [2002] ScotCS 51 22 Feb 2002 SCS Scotland [ Bailii ] Â Elizabeth May Bernadette Rattray Lyon Hand (Ap) v North of Scotland Water Authority 22 Feb 2002 SCS Lord Wheatley Scotland [ ScotC ] Â John Murray (Ap) v Weldex International Offshore Limited and Barr Limited [2002] ScotCS 52 22 Feb 2002 SCS Lord Eassie Scotland [ ScotC ] - [ Bailii ] Â Inquiry Held Under Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 Into the Death of James Mcnicol 25 Feb 2002 ScSf Sheriff Principal E.F. Bowen Scotland, Coroners [ ScotC ] Â Inquiry Held Under the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 Into the Death of Catherine Rozanski 25 Feb 2002 ScSf Sheriff Principal E.F. Bowen Scotland, Coroners Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 [ ScotC ] Â Reynolds, Inquiry Held Under Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 Into the Death of [2002] ScotSC 82 25 Feb 2002 ScSf Sheriff Principal E.F. Bowen Scotland, Coroners Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 [ ScotC ] - [ Bailii ] Â Inquiry Into the Death of Michael Taggart [2002] ScotCS 84 25 Feb 2002 ScSf Sheriff Principal E.F. Bowen Scotland, Coroners Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 [ ScotC ] - [ Bailii ] Â Inquiry Into the Death of Elaine Mullen 25 Feb 2002 ScSf Sheriff Principal E.F. Bowen Scotland, Coroners Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 [ ScotC ] Â Determination of Sheriff C N Stoddart In the Circumstances of the Death of Christine Jane Foster 25 Feb 2002 ScSf Sheriff Charles N. Stoddart Scotland, Coroners [ ScotC ] Â Inquiry Held Under Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 Into the Death of Andrea Mcquilter 25 Feb 2002 ScSf Sheriff Principal E.F. Bowen Scotland, Coroners [ ScotC ] Â Paul McMahon, Inquiry Held Under Into the Death of [2002] ScotCS 79 25 Feb 2002 ScSf Sheriff Principal E.F. Bowen Scotland, Coroners Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 [ ScotC ] - [ Bailii ] Â Inquiry Into the Death of Alfred Llellywn Miller 25 Feb 2002 ScSf Sheriff Principal E.F. Bowen Scotland, Coroners Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 [ ScotC ] Â Inquiry Held Under Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 Into the Death of Caroline Burrett 25 Feb 2002 ScSf Sheriff Principal E.F. Bowen Scotland, Coroners [ ScotC ] Â Cameron, Inquiry Held Under Fatal Accidents and Sudden Deaths Inquiry (Scotland Act 1976 [2002] ScotCS 73; [2002] ScotCS 73 25 Feb 2002 SCS Sheriff Principal E.F. Bowen Scotland, Coroners Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 [ ScotC ] - [ Bailii ] Â Inquiry Held Under Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 Into the Death of Joan Mcglinchey 25 Feb 2002 ScSf Sheriff Principal E.F. Bowen Scotland, Coroners [ ScotC ] Â Inquiry Held Under Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 Into the Death of Joanne Harkins 25 Feb 2002 ScSf Sheriff Principal E.F. Bowen Scotland, Coroners [ ScotC ] Â Inquiry Held Under Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 Into the Death of Joseph Dean 25 Feb 2002 ScSf Sheriff Principal E.F. Bowen Scotland, Coroners [ ScotC ] Â Johnstone, Inquiry Held Under Fatal Accidents and Sudden Deaths Inquiry (Scotland)Act 1986 [2002] ScotCS 76 25 Feb 2002 ScSf Sheriff Principal E.F. Bowen Scotland, Coroners Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1986 [ ScotC ] - [ Bailii ] Â Mcelvanney, Inquiry Held Under Fatal Accidents and Sudden Deaths Inquiry (Scotland)Act 1976 [2002] ScotSC 77 25 Feb 2002 ScSf Scotland [ Bailii ] Â Mcglinchey, Inquiry Held Under Fatal Accidents and Sudden Deaths Inquiry (Scotland)Act 1976 [2002] ScotSC 78 25 Feb 2002 ScSf Scotland [ Bailii ] Â Mcmahon, Inquiry Held Under Fatal Accidents and Sudden Deaths Inquiry (Scotland)Act 1976 [2002] ScotSC 79 25 Feb 2002 ScSf Scotland [ Bailii ] Â Mcnicol, Inquiry Held Under Fatal Accidents and Sudden Deaths Inquiry (Scotland)Act 1976 [2002] ScotSC 80 25 Feb 2002 ScSf Scotland [ Bailii ] Â Mcquilter, Inquiry Held Under Fatal Accidents and Sudden Deaths Inquiry (Scotland)Act 1976 [2002] ScotSC 81 25 Feb 2002 ScSf Scotland [ Bailii ] Â Rozanski, Inquiry Held Under the Fatal Accidents and Sudden Deaths Inquiry (Scotland)Act 1976 [2002] ScotSC 83 25 Feb 2002 ScSf Scotland [ Bailii ] Â Inquiry Held Under Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 Into the Death of Morag Conlan 25 Feb 2002 ScSf Sheriff Principal E.F. Bowen Scotland, Coroners [ ScotC ] Â Reynolds, Inquiry Held Under Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 [2002] ScotCS 82 25 Feb 2002 SCS Scotland, Coroners Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 [ Bailii ] Â Inquiry Held Under Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 Into the Death of Deborah Mcelvanney 25 Feb 2002 ScSf Sheriff Principal E.F. Bowen Scotland, Coroners [ ScotC ] Â Inquiry Held Under Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 Into the Death of Sharon Jaconelli 25 Feb 2002 ScSf Sheriff Principal E.F. Bowen Scotland, Coroners [ ScotC ] Â Harkins, Inquiry Held Under Fatal Accidents and Sudden Deaths Inquiry (Scotland)Act 1976 [2002] ScotSC 74 25 Feb 2002 ScSf Scotland [ Bailii ] Â Rozanski, Inquiry Held Under the Fatal Accidents and Sudden Deaths Inquiry (Scotland)Act 1976 [2002] ScotCS 83; [2002] ScotCS 83 25 Feb 2002 SCS Scotland [ Bailii ] Â Jaconelli, Inquiry Held Under Fatal Accidents and Sudden Deaths Inquiry (Scotland)Act1976 [2002] ScotSC 75 25 Feb 2002 ScSf Scotland [ Bailii ] Â Mcquilter, Inquiry Held Under Fatal Accidents and Sudden Deaths Inquiry (Scotland)Act 1976 [2002] ScotCS 81; [2002] ScotCS 81 25 Feb 2002 SCS Scotland [ Bailii ] Â Mcglinchey, Inquiry Held Under Fatal Accidents and Sudden Deaths Inquiry (Scotland)Act 1976 [2002] ScotCS 78; [2002] ScotCS 78 25 Feb 2002 SCS Scotland [ Bailii ] Â Mcelvanney, Inquiry Held Under Fatal Accidents and Sudden Deaths Inquiry (Scotland)Act 1976 [2002] ScotCS 77; [2002] ScotCS 77 25 Feb 2002 SCS Scotland [ Bailii ] Â Burrett, Inquiry Held Under Fatal Accidents and Sudden Deaths Inquiry (Scotland)Act 1976 [2002] ScotSC 72 25 Feb 2002 ScSf Scotland [ Bailii ] Â Harkins, Inquiry Held Under Fatal Accidents and Sudden Deaths Inquiry (Scotland)Act 1976 [2002] ScotCS 74; [2002] ScotCS 74 25 Feb 2002 SCS Scotland [ Bailii ] Â Burrett, Inquiry Held Under Fatal Accidents and Sudden Deaths Inquiry (Scotland)Act 1976 [2002] ScotCS 72; [2002] ScotCS 72 25 Feb 2002 SCS Scotland [ Bailii ] Â Taggart, Inquiry Held Under the Fatal Accidents and Sudden Deaths Inquiry (Scotland)Act 1976 [2002] ScotSC 84 25 Feb 2002 Scsf Scotland [ Bailii ] Â Cameron, Inquiry Held Under Fatal Accidents and Sudden Deaths Inquiry (Scotland)Act 1976 [2002] ScotSC 73 25 Feb 2002 ScSf Scotland [ Bailii ] Â Jaconelli, Inquiry Held Under Fatal Accidents and Sudden Deaths Inquiry (Scotland)Act1976 [2002] ScotCS 75; [2002] ScotCS 75 25 Feb 2002 SCS Scotland [ Bailii ] Â Inquiry Held Under Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 Into the Death of Joanne Lavery 25 Feb 2002 ScSf Sheriff Principal E.F. Bowen Scotland, Coroners Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 [ ScotC ] Â Johnstone, Inquiry Held Under Fatal Accidents and Sudden Deaths Inquiry (Scotland)Act 1986 [2002] ScotSC 76 25 Feb 2002 ScSf Scotland [ Bailii ] Â Tweedie v Procurator Fiscal [2002] ScotHC 10 26 Feb 2002 HCJ Scotland, Crime [ Bailii ] Â Gordon v Lothian and Borders Fire Board [2002] ScotCS 53; [2002] ScotCS 53 26 Feb 2002 SCS Scotland [ Bailii ] Â Robert Tweedie v Procurator Fiscal, Glasgow 26 Feb 2002 HCJ Lord Cameron of Lochbroom and Sir G.H. Gordon, Q.C. Scotland, Crime [ ScotC ] Â Fatal Accident Inquiry Regarding Maureen Smyth 26 Feb 2002 ScSf Sheriff Simon Charles Pender Scotland, Coroners [ ScotC ] Â The Royal Bank of Scotland Group Plc v Decision of the Vat and Duties Tribunal [2002] ScotCS 54 26 Feb 2002 IHCS Lord Coulsfield and Lord Justice Clerk and Lord Sutherland Scotland, VAT [ ScotC ] - [ Bailii ] Â Douglas Stuart Gordon v Lothian and Borders Fire Board 26 Feb 2002 SCS T.G. Coutts, Q.C. Scotland [ ScotC ] Â Bain and Others, Petition for Directions [2002] ScotCS 55 28 Feb 2002 SCS Scotland [ Bailii ] Â Chinder Singh and others v A Decision of the Immigration Appeal Tribunal 5 Mar 2002 SCS Lord Hamilton and Lord Justice Clerk and Lord Reed Scotland [ ScotC ] Â Darren Mcdonald v Procurator Fiscal, Forfar 5 Mar 2002 HCJ Lord Cameron of Lochbroom and Lord Hamilton and Lord Weir Scotland, Crime [ ScotC ] Â Jane Elizabeth Stevenson v Thomas Roy and Olwyn Elizabeth Roy 5 Mar 2002 SCS Lord Drummond Young Scotland [ ScotC ] Â Gary Hicks v Her Majesty's Advocate 5 Mar 2002 HCJ Lord Justice Clerk and Lord Hamilton and Lord McCluskey Scotland, Crime [ ScotC ] Â Hicks v Her Majesty's Advocate [2002] ScotHC 20 5 Mar 2002 HCJ Scotland, Crime [ Bailii ] Â Singh and others Re Decision of the Immigration Appeal Tribunal [2002] ScotCS 58; [2002] ScotCS 58 5 Mar 2002 SCS Scotland [ Bailii ] Â Mcdonald v Procurator Fiscal [2002] ScotHC 22 5 Mar 2002 HCJ Scotland, Crime [ Bailii ] Â Stevenson v Roy and Another [A1617 - 01 Htm] Scotcs 1 [2002] ScotCS 59; [2002] ScotCS 59 5 Mar 2002 SCS Scotland [ Bailii ] Â Smith v Goldthorpe and others [2002] ScotCS 60 6 Mar 2002 SCS Scotland [ Bailii ] Â Pursuer Against Defender In the Case of Child A 6 Mar 2002 ScSf Sheriff Laura Duncan Scotland [ ScotC ] Â Gillian A Smith v Anthony Goldthorpe and Alison Goldthorpe and Maureen Goldthorpe and Nicholas Goldthorpe 6 Mar 2002 SCS Lord Wheatley Scotland [ ScotC ] Â Cunningham v Her Majesty's Advocate [2002] ScotHC 23 7 Mar 2002 HCJ Scotland, Crime [ Bailii ] Â Manson v Skinner [2002] ScotCS 61; [2002] ScotCS 61 7 Mar 2002 SCS Scotland [ Bailii ] Â Gardiner v Her Majesty's Advocate [2002] ScotHC 24 7 Mar 2002 HCJ Scotland, Crime [ Bailii ] Â Ian Gardiner v Her Majesty's Advocate 7 Mar 2002 HCJ Lord Cameron of Lochbroom and Lady Cosgrove and Lord Kingarth Scotland, Crime [ ScotC ] Â Robert John Cunningham v Her Majesty's Advocate 7 Mar 2002 HCJ Lord Coulsfield and Lord MacLean and Lord Sutherland Scotland, Crime [ ScotC ] Â James Cannell for Judicial Review of A Decision of the Scottish Ministers 8 Mar 2002 SCS Lord Morison Scotland [ ScotC ] Â Cannell, Re [2002] ScotCS 62; [2002] ScotCS 62 8 Mar 2002 SCS Scotland [ Bailii ] Â David Marshall and Mrs Christine Margaret Marshall v Brian Duffy and Susanne Stevenson 8 Mar 2002 SCS Lord Philip Scotland [ ScotC ] Â Matthew Heasman v J M Taylor and Partners [2002] ScotCS 63; 2002 SC 326 8 Mar 2002 SCS Lord Coulsfield and Lord Hamilton and Lord Johnston Scotland, Human Rights, Litigation Practice Appropriateness of use of jury in civil trials in Scotland. 1 Citers [ ScotC ] - [ Bailii ] Â Marshall and Another v Duffy and Another [2002] ScotCS 64; [2002] ScotCS 64 8 Mar 2002 SCS Scotland [ Bailii ] Â Lambie v Toffolo Jackson Ltd and Another [2002] ScotCS 65 11 Mar 2002 SCS Scotland [ Bailii ] Â Neil Patrick Connor v Her Majesty's Advocate 13 Mar 2002 HCJ Lord Cameron of Lochbroom and Lord Kingarth and Lord Carloway Scotland, Crime [ ScotC ] Â Foulis and Another, Her Majesty's Advocate v [2002] ScotHC 29 13 Mar 2002 HCJ Scotland, Crime [ Bailii ] Â Connor v Her Majesty's Advocate [2002] ScotHC 26 13 Mar 2002 HCJ Scotland, Crime [ Bailii ] Â Her Majesty's Advocate v Dean Foulis and Grant Young 13 Mar 2002 HCJ Lord Cameron of Lochbroom and Lord Carloway and Lord Kingarth Scotland, Crime [ ScotC ] Â Neil Connor v Her Majesty's Advocate 13 Mar 2002 HCJ Lord Cameron of Lochbroom and Lord Carloway and Lord Kingarth Scotland, Crime [ ScotC ] Â Connor v Her Majesty's Advocate [2002] ScotHC 27 13 Mar 2002 HCJ Scotland, Crime [ Bailii ] Â Abdelbaset Ali Mohmed Al Megrahi v Her Majesty's Advocate [2002] ScotCS 68; 2002 SLT 1433; 2002 SCCR 509; 2002 JC 99; 2002 GWD 11-335; [2002] ScotHC 30 14 Mar 2002 HCJ Lord Justice General and Lord Kirkwood and Lord Osborne and Lord Nimmo Smith and Lord Macfadyen Scotland, Crime 1 Cites 1 Citers [ ScotC ] - [ Bailii ] Â Prime Connexions Training Limited v Thomas Matheson Brown and others 14 Mar 2002 SCS Lord McCluskey Scotland [ ScotC ] Â Mccann Or Mcgurran Known As Mccann v Mcgurran [2002] ScotCS 67; 2002 SLT 592 14 Mar 2002 SCS Lord Cameron of Lochbroom and Lord Caplan and Lord Kingarth Scotland, Torts - Other Protection from Harassment Act 1997 1 Citers [ ScotC ] - [ Bailii ] Â Megrahi v Her Majesty's Advocate [2002] ScotHC 30 14 Mar 2002 HCJ Scotland, Crime 1 Cites 1 Citers [ Bailii ] Â Grantly Developments and others v Clydesdale Bank Plc and others [2002] ScotCS 66 14 Mar 2002 SCS Lord Hamilton and Lord Marnoch and Lord Emslie Scotland [ ScotC ] - [ Bailii ] Â Chief Constable, Strathclyde Police v Sharp and others [A4715 - 99 Htm] Scotcs 9 [2002] ScotCS 85; [2002] ScotCS 85 15 Mar 2002 SCS Scotland [ Bailii ] Â John Orr, Chief Constable, Strathclyde Police v David William Sharp and Malcolm Mclean Mcmillan and Norwich Union Insurance Ltd 15 Mar 2002 ScSf Sheriff Principal E.F. Bowen Scotland [ ScotC ] Â Chief Constable, Strathclyde Police v Sharp and others [A4715 - 99 Htm] Scotcs 9 [2002] ScotSC 85 15 Mar 2002 ScSf Scotland [ Bailii ] Â Lochridge v Procurator Fiscal, Paisley [2002] ScotCS 69; [2002] ScotCS 69 19 Mar 2002 SCS Scotland [ Bailii ] Â Sanches-Hoyos, Re [2002] ScotCS 70; [2002] ScotCS 70 19 Mar 2002 SCS Scotland [ Bailii ] Â Smith v Hastie [2002] ScotCS 71; [2002] ScotCS 71 19 Mar 2002 SCS Scotland [ Bailii ] Â Carmel Smith v Mark Hastie 19 Mar 2002 SCS Lord Menzies Scotland [ ScotC ] Â Julio Eduardo Sanches-Hoyos for Judicial Review of A Decision of the Secretary of State for the Home Department 19 Mar 2002 SCS Lord Menzies Scotland [ ScotC ] Â Thomas Lochridge v Procurator Fiscal, Paisley 19 Mar 2002 HCJ Lord Coulsfield and Lord MacLean and Lord Sutherland Scotland, Crime [ ScotC ] Â Lochridge v Procurator Fiscal [2002] ScotHC 31 19 Mar 2002 HCJ Scotland, Crime [ Bailii ] Â Hughes v Barratt Urban Construction (Scotland) Limited [2002] ScotCS 87 20 Mar 2002 SCS Lord Carloway Scotland [ ScotC ] - [ Bailii ] Â Lynn v Procurator Fiscal [2002] ScotHC 32 20 Mar 2002 HCJ Scotland, Crime [ Bailii ] Â Ibrahim v the Secretary of State for the Home Department for Judicial Review [2002] ScotCS 88; [2002] ScotCS 88 20 Mar 2002 SCS Scotland [ Bailii ] Â China National Star Petroleum Company v Tor Drilling (Uk) Ltd [2002] ScotCS 86; [2002] ScotCS 86 20 Mar 2002 SCS Scotland [ Bailii ] Â China National Star Petroleum Company v Tor Drilling (Uk) Limited 20 Mar 2002 SCS Lord Drummond Young Scotland [ ScotC ] Â Celil Ali Ibrahim v the Secretary of State for the Home Department for Judicial Review 20 Mar 2002 SCS Lord Carloway Scotland [ ScotC ] Â Richard Lynn v Procurator Fiscal, Dumfries 20 Mar 2002 HCJ Lord Kirkwood and Lord Marnoch and Lord Sutherland Scotland, Crime [ ScotC ] Â Gillian Mclean v Procurator Fiscal, Inverness [2002] ScotCS 90 22 Mar 2002 HCJ Lord Justice Clerk and Lord Coulsfield and Lord Weir Scotland, Crime [ ScotC ] - [ Bailii ] Â Cunningham and others v Procurator Fiscal, Elgin, Airdrie [2002] ScotCS 89; [2002] ScotCS 89 22 Mar 2002 SCS Scotland [ Bailii ] Â Cunningham and Gerard Holmes and Stephen Sarsfield v Procurator Fiscal, Elgin and Procurator Fiscal, Airdrie 22 Mar 2002 HCJ Lord Coulsfield and Lord Justice Clerk and Lord Weir Scotland, Crime [ ScotC ] Â Fab-Tek Engineering Ltd v Carillon Construction Ltd 22 Mar 2002 ScSf Sheriff J.S. Forbes Scotland [ ScotC ] Â Lord Advocate's Reference No 1 of 2001 v Watt 22 Mar 2002 HCJ Lady Cosgrove and Lord Marnoch and Lord Nimmo Smith and Lord Wheatley and Lord Menzies and Lord McCluskey and Lord Justice General Scotland, Crime [ ScotC ] Â Mann v Procurator Fiscal [2002] ScotHC 40 26 Mar 2002 HCJ Scotland, Crime [ Bailii ] Â Blakely v Procurator Fiscal [2002] ScotHC 39 26 Mar 2002 HCJ Scotland, Crime [ Bailii ] Â Vickers v Her Majesty's Advocate [2002] ScotHC 36 26 Mar 2002 HCJ Scotland, Crime [ Bailii ] Â C (Otherwise Mcc) v C [2002] ScotSC 92 26 Mar 2002 ScSf Scotland [ Bailii ] Â C (Otherwise Mcc) v C [2002] ScotCS 92; [2002] ScotCS 92 26 Mar 2002 SCS Scotland [ Bailii ] Â William Mann v Procurator Fiscal, Glasgow 26 Mar 2002 HCJ Lord Coulsfield and Lord MacLean and Lord Sutherland Scotland, Crime [ ScotC ] Â Jodie Vickers v Her Majesty's Advocate 26 Mar 2002 HCJ Lord Coulsfield and Lord MacLean and Lord Sutherland Scotland, Crime [ ScotC ] Â John Duncan Blakely v Procurator Fiscal, Glasgow [2002] ScotCS 91 26 Mar 2002 HCJ Lord Coulsfield and Lord MacLean and Lord Sutherland Scotland, Crime [ ScotC ] - [ Bailii ] Â C (Otherwise Mcc) v C 26 Mar 2002 ScSf Sheriff A.L. Stewart Scotland [ ScotC ] Â Mann v Procurator Fiscal, Glasgow [2002] ScotCS 93 26 Mar 2002 SCS Scotland [ Bailii ] Â Arthur D Little Ltd (in Administration) v Ableco Finance LLC Times, 22 April 2002; Gazette, 16 May 2002 27 Mar 2002 ChD Mr Roger Kaye, QC Company, Scotland The company was a subsidiary of two American companies, but was registered in Scotland. It charged its assets, but the charge was not registered in Scotland. On the insolvency of the company, the respondent chargee claimed it was a fixed charge not requiring registration. The administrators asserted that the charge was a floating charge and void if not registered. Held: The schemes for registration of charges in the Act applied throughout the United Kingdom, and were not separate, even though the application of the machinery differed in each jurisdiction. Here however the charge was a fixed one, and valid. Companies Act 1985 410 Â Steele v Her Majesty's Advocate [2002] ScotHC 41 28 Mar 2002 HCJ Scotland, Crime [ Bailii ] Â Steele v Her Majesty's Advocate [2002] ScotHC 41 28 Mar 2002 HCJ Scotland, Crime [ Bailii ] Â Robert Steele v Her Majesty's Advocate 28 Mar 2002 HCJ Lord Kirkwood and Lord Osborne and Lord Sutherland Scotland, Crime [ ScotC ] Â Inquiry Held Under Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 Into the Death of Michelle Mcelver 2 Apr 2002 ScSf Sheriff Principal R.A. Dunlop, Q.C. Scotland, Coroners [ ScotC ] Â Jeanne Germane Layden v Aldi Gmbh and Co Kg 2 Apr 2002 ScSf Sheriff K.A. Ross Scotland [ ScotC ] Â Charles v Her Majesty's Advocate [2002] ScotHC 42 2 Apr 2002 HCJ Scotland, Crime [ Bailii ] Â Duncan Grant Charles v Her Majesty's Advocate 2 Apr 2002 HCJ Lord Hamilton and Lord Kingarth and Lord Drummond Young Scotland, Crime [ ScotC ] Â Mcwilliam v Her Majesty's Advocate [2002] ScotHC 43 4 Apr 2002 HCJ Scotland, Crime [ Bailii ] Â North Lanarkshire Council v AW [2002] ScotCS 108 4 Apr 2002 SCS Scotland [ Bailii ] Â The Scottish Youth Theatre (Property) Limited v John Neill Anderson and others [2002] ScotCS 94 4 Apr 2002 SCS Lord Clarke Scotland [ ScotC ] - [ Bailii ] Â Petition To the Nobile Officium By Andrew Mcwilliam v Her Majesty's Advocate 4 Apr 2002 HCJ Lord Drummond Young and Lord Hamilton and Lord Reed Scotland, Crime [ ScotC ] Â Sa Marie Brizzard Et Roger International for Registration of A Judgment [2002] ScotCS 97; [2002] ScotCS 97 5 Apr 2002 SCS Scotland [ Bailii ] Â Crooks v Kidd and others [2002] ScotCS 96 5 Apr 2002 SCS Scotland [ Bailii ] Â John Agnew v Scott Lithgow Limited and others [2002] ScotCS 95 5 Apr 2002 SCS T.G. Coutts, Q.C. Scotland [ ScotC ] - [ Bailii ] Â Thomas Lamb Crooks (Ap) v Lawford Kidd W S and others 5 Apr 2002 SCS T.G. Coutts, Q.C. Scotland [ ScotC ] Â Sa Marie Brizzard Et Roger International for Registration of A Judgment of the Cour D'Appel De Bordeaux 5 Apr 2002 SCS Lord Mackay of Drumadoon Scotland [ ScotC ] Â Co-Operative Wholesale Society Limited v Ravenseft Properties Ltd and Douglas Shelf Seven Ltd [2002] ScotCS 98 8 Apr 2002 OHCS Lord Macfadyen Scotland [ ScotC ] - [ Bailii ] Â North Rotunda Casino Ltd, Stanley Casinos Ltd, Patmor Limited, Patmor Ltd, Stakis Casino Limited, for Judicial Review 9 Apr 2002 SCS Lord Emslie Scotland [ ScotC ] Â George Davidson (Ap) v Clydesdale Bank Plc [2002] ScotCS 99 9 Apr 2002 SCS T.G. Coutts, Q.C. Scotland [ ScotC ] - [ Bailii ] Â North Rotunda Casino Ltd and others for Judicial Review [P1415 - 01 Htm] Scotcs 1 [2002] ScotCS 100; [2002] ScotCS 100 9 Apr 2002 SCS Scotland [ Bailii ] Â Shba Limited v (First) Aberdeen City Council and (Second) Aberdeenshire Council 10 Apr 2002 SCS Lord Wheatley Scotland [ ScotC ] Â Nisbet v Chief Constable Strathclyde Police and Another [2002] ScotCS 101; [2002] ScotCS 101 10 Apr 2002 SCS Scotland [ Bailii ] Â Shba Ltd v Aberdeen City Council and Another [2002] ScotCS 102; [2002] ScotCS 102 10 Apr 2002 SCS Scotland [ Bailii ] Â Shankley for Judicial Review [2002] ScotCS 107; [2002] ScotCS 107 10 Apr 2002 SCS Scotland [ Bailii ] Â Moira Shankley for Judicial Review of the Decision of the Children's Hearing for Stirling Council Dated 14 September 2002 10 Apr 2002 SCS Lord Menzies Scotland [ ScotC ] Â Nisbet v Orr, Chief Constable Strathclyde Police and North Lanarkshire Council 10 Apr 2002 SCS Lord Wheatley Scotland [ ScotC ] Â Mcdougall v Gordon Spiers (T/A John Duncam Removals) [2002] ScotCS 105; [2002] ScotCS 105 11 Apr 2002 SCS Scotland [ Bailii ] Â Nicol v Caledonian Newpapers Ltd and Another [2002] ScotCS 106 11 Apr 2002 SCS Scotland [ Bailii ] Â Margaret Hunter and others v William Murray and others [2002] ScotCS 104 11 Apr 2002 OHCS Lady Smith Scotland [ ScotC ] - [ Bailii ] Â Andrew Purves Mcdougall v Gordon Spiers Trading As John Duncam Removals 11 Apr 2002 SCS Lady Paton Scotland [ ScotC ] Â Allan Mackenzie Nicol v (First) Caledonian Newpapers Limited and (Second) Allan Caldwell 11 Apr 2002 SCS Lady Paton Scotland [ ScotC ] Â The Rt Hon Gerald Arthur James, Earl of Balfour, Viscount Traprain of Whittingehame for Declarator of Fee Simple Proprietorship [2002] ScotCS 103; 2002 SLT 981 11 Apr 2002 SCS Lord Cameron of Lochbroom and Lord Macfadyen and Lord Sutherland Scotland, Land 1 Cites 1 Citers [ ScotC ] - [ Bailii ] Â Johannes Cornelius Vervuren v Her Majesty's Advocate [2002] ScotCS 109 12 Apr 2002 HCJ Lady Paton Scotland, Crime, Extradition, Human Rights The applicant had been extradited from Portugal. He said that the procedures in Portugal had infringed his human rights in that he had not had proper representation nor translation, and that his consent to extradition had been under protest as to this. Held: The Sinclair case appeared to remain binding. The court could not look behind apparently valid extradition proceedings in a friendly state. If Sinclair was not good law still, the Horseferry Magistrates Court case did not assist the appellant either. The defects identified were not sufficient to raise a need to investigate the behaviour of the Portuguese courts. There was no general pro-active duty on the British courts to investigate the compliance with Human Rights law of a foreign court. 1 Cites [ ScotC ] - [ Bailii ] Â Michael McNamara v Ronald Shields &C 17 Apr 2002 SCS T.G. Coutts, Q.C. Scotland [ ScotC ] Â Roderick Renton v Andrew Riddell and Another 18 Apr 2002 SCS Lord Menzies Scotland [ ScotC ] Â Marodi Service Di D Mialich and C S A S v Mikkal Myklesbusthaug Rederi As 18 Apr 2002 SCS T.G. Coutts, Q.C. Scotland [ ScotC ] Â John Doyle Construction Limited v Laing Management (Scotland) Limited Times, 10 July 2002 18 Apr 2002 SCS Lord MacFadyen Scotland, Construction, Damages The pursuer made a loss and expense claim in global form in a construction dispute. He was unable to prove that all of his losses stemmed from the default. Held: A global claim requires proof that each and every element of the loss claimed followed from the breach. Proof that any event not part of the fault caused any part of the loss would defeat the entire claim. However some common sense should be applied, and where individual losses demonstrably flowed from individual acts of default, a rational apportionment might still be possible. 1 Cites [ ScotC ] Â Robert Morton and Sons and others v Reid Heating [2002] ScotCS 113; [2002] ScotCS 113 18 Apr 2002 SCS Scotland [ Bailii ] Â Renton v Riddell and Another [2002] ScotCS 112; [2002] ScotCS 112 18 Apr 2002 SCS Scotland [ Bailii ] Â Marodi Service Di D Mialich and C S A S v Mikkal Myklesbusthaug Rederi As [2002] ScotCS 111; [2002] ScotCS 111 18 Apr 2002 SCS Scotland [ Bailii ] Â Brian Mcpherson v Procurator Fiscal, Airdrie [2002] ScotHC 47 18 Apr 2002 HCJ Lord Caplan and Lord MacLean Scotland, Crime, Crime [ ScotC ] - [ Bailii ] Â Robert Morton and Sons Milton Ltd and others v Reid Heating 18 Apr 2002 SCS T.G. Coutts, Q.C. Scotland [ ScotC ] Â John Doyle Construction Ltd v Laing Management (Scotland)Ltd [2002] ScotCS 110; [2002] ScotCS 110 18 Apr 2002 SCS Scotland [ Bailii ] Â Pet Her Majesty's Secretary for Trade and Industry v Robert Mccartney 19 Apr 2002 SCS Lord MacLean Scotland [ ScotC ] Â Her Majesty's Secretary for Trade and Industry v Robert Mccartney [2002] ScotCS 114; [2002] ScotCS 114 19 Apr 2002 SCS Scotland [ Bailii ] Â Mitchell for Judicial Review [2002] ScotCS 116; [2002] ScotCS 116 23 Apr 2002 SCS Scotland [ Bailii ] Â Sohrab v Khan [2002] ScotCS 117; [2002] ScotCS 117 23 Apr 2002 SCS Scotland [ Bailii ] Â Leckie v Her Majesty's Advocate [2002] ScotCS 115; [2002] ScotCS 115 23 Apr 2002 SCS Scotland [ Bailii ] Â Dennis Leckie v Her Majesty's Advocate 23 Apr 2002 HCJ Lord Clarke and Lord Bonomy and Lord Marnoch Scotland, Crime [ ScotC ] Â Gary Francis Smith v Her Majesty's Advocate 25 Apr 2002 HCJ Lord Marnoch Scotland, Crime [ ScotC ] Â Edward Aiden Lonergan v W and P Food Service Limited and Alldays Plc [2002] ScotCS 118 25 Apr 2002 SCS Lord Clarke Scotland [ ScotC ] - [ Bailii ] Â Scottish Power Generation Limited v British Energy Generation (Uk) Limited and Sse Energy Supply Limited 25 Apr 2002 SCS Lord Cameron of Lochbroom and Lord Emslie and Lord Reed Scotland [ ScotC ] Â Scottish Power Generation Ltd v British Energy Generation (Uk) Limited and Another [2002] ScotCS 119 25 Apr 2002 SCS Scotland [ Bailii ] Â Margaret Ruth Pupkis v Procurator Fiscal, Peebles 25 Apr 2002 HCJ Lord Marnoch and Lord Macfadyen and Lord Osborne Scotland, Crime [ ScotC ] Â Robert Webster Shaw v Procurator Fiscal, Glasgow 26 Apr 2002 HCJ Lord Macfadyen and Lord Marnoch and Lord Osborne Scotland, Crime [ ScotC ] Â John Don Adams v Messrs Thorntons Ws and others 26 Apr 2002 SCS Lord Macfadyen Scotland [ ScotC ] Â Aberdeen City Council for Judicial Review 26 Apr 2002 SCS Lord Drummond Young Scotland [ ScotC ] Â Shaw v Procurator Fiscal [2002] ScotHC 51 26 Apr 2002 HCJ Scotland, Crime [ Bailii ] Â Hynd v Procurator Fiscal [2002] ScotHC 52 26 Apr 2002 HCJ Scotland, Crime [ Bailii ] Â Adams v Messrs Thorntons Ws and others [2002] ScotCS 121 26 Apr 2002 SCS Scotland [ Bailii ] Â Aberdeen City Council for Judicial Review [2002] ScotCS 120; [2002] ScotCS 120 26 Apr 2002 SCS Scotland [ Bailii ] Â Norman Hynd v Procurator Fiscal, Alloa 26 Apr 2002 HCJ Lord Macfadyen and Lord Marnoch and Lord Osborne Scotland, Crime [ ScotC ] Â Taylor v City of Glasgow Council [2002] ScotCS 351 30 Apr 2002 SCS Scotland [ Bailii ] Â David Taylor v City of Glasgow Council 30 Apr 2002 SCS Lord Carloway Scotland [ ScotC ] Â Michael Gordon Robson v The Council of the Law Society of Scotland and Another [2002] ScotCS 122 1 May 2002 SCS Lord Hamilton and Lady Cosgrove and Lord Reed Scotland, Legal Professions [ ScotC ] - [ Bailii ] Â Alex Brewster and Sons v Frank Mitchell Caughey and others [2002] ScotCS 123; 2002 GWD 15-506 2 May 2002 SCS Lord Eassie Scotland, Land If a purchaser becomes aware "that there may be a prior purchaser in the same queue for Register House he must ask the latter if he be such a purchaser and in the event of a positive, correct answer yield place to him" 1 Citers [ ScotC ] - [ Bailii ] Â Her Majesty's Advocate v Fitzpatrick 3 May 2002 HCJ Lord Justice Clerk and Lord Kirkwood and Lord Osborne Scotland, Crime [ ScotC ] Â Barry D Trentham Limited v Lawfield Investments Limited [2002] ScotCS 126 3 May 2002 SCS Lord Drummond Young Scotland [ ScotC ] - [ Bailii ] Â O'R v O'R [2002] ScotCS 124 3 May 2002 SCS Scotland [ Bailii ] Â Fitzpatrick, Her Majesty's Advocate v [2002] ScotHC 60 3 May 2002 HCJ Scotland, Crime [ Bailii ] Â O'R v O'R 3 May 2002 SCS Lord Wheatley Scotland [ ScotC ] Â Elizabeth M C Woodrow v Lothian Region Assessor 7 May 2002 SCS Lord Coulsfield and Lord Justice Clerk and Lord Philip Scotland [ ScotC ] Â Anne Ormond Clegg v North Ayrshire Council [2002] ScotCS 127 7 May 2002 SCS Lord Carloway Scotland [ ScotC ] - [ Bailii ] Â Gordon Lennox Taylor v Her Majesty's Advocate 7 May 2002 HCJ Lord Justice General and Lord Hamilton and Lord Kingarth Scotland, Crime [ ScotC ] Â Woodrow v Lothian Region Assessor [2002] ScotCS 128 7 May 2002 SCS Scotland [ Bailii ] Â Taylor v Her Majesty's Advocate [2002] ScotHC 61 7 May 2002 HCJ Scotland, Crime [ Bailii ] Â Project Finishing International v Cepo Limited 8 May 2002 SCS Lord President Scotland [ ScotC ] Â Project Fishing International v Cepo Limited 8 May 2002 SCS Lord President and Lord Kirkwood and Lady Cosgrove Scotland [ ScotC ] Â Charles Stronach and others v James Robertson [2002] ScotCS 129 9 May 2002 SCS Lady Paton Scotland [ ScotC ] - [ Bailii ] Â Green v Moran and Others [2002] ScotCS 131 10 May 2002 SCS Scotland [ Bailii ] Â Thomson v Govan [2002] ScotCS 134 10 May 2002 SCS Scotland [ Bailii ] Â Petition West Lothian Council v M McG, WP, J F F and Anor [2002] ScotCS 133 10 May 2002 SCS Lord Hamilton and Lord Justice Clerk and Lord Reed Scotland [ ScotC ] - [ Bailii ] Â Green v Moran and others 10 May 2002 SCS Lord Macfadyen Scotland [ ScotC ] Â Â Thomson v Kvaerner Govan Limited; SCS 10-May-2002 - Â Stopper, Her Majesty's Advocate v [2002] ScotHC 62 10 May 2002 HCJ Scotland, Crime [ Bailii ] Â Her Majesty's Advocate v Thomas Stopper 10 May 2002 HCJ Lord Drummond Young and Lord Kingarth and Lord Hamilton Scotland, Crime [ ScotC ] Â Barrie and Mckinnon and Mckay and Norwood and Note of Appeal Against Sentence and Conviction By John Jackson v Her Majesty's Advocate 15 May 2002 HCJ Lord Coulsfield and Lord Hamilton and Lord McCluskey Scotland, Crime [ ScotC ] Â Reid v Grainger and Another [2002] ScotCS 139 15 May 2002 SCS Scotland [ Bailii ] Â Barrie, Notes Appeal Against Conviction v Her Majesty's Advocate [2002] ScotCS 135 15 May 2002 SCS Scotland [ Bailii ] Â H W v Criminal Injuries Compensation Appeal Panel [2002] ScotCS 138 15 May 2002 SCS Scotland [ Bailii ] Â James Michael Maitland Clark and John Beattie v Her Majesty's Advocate [2002] ScotCS 136; [2002] ScotHC 63 15 May 2002 HCJ Lord Coulsfield and Lord Cameron of Lochbroom and Lord Hamilton Scotland, Crime [ ScotC ] - [ Bailii ] - [ Bailii ] Â Michael James Meston Reid (Permanent Trustee on the Estates of Carlene Rose Burnett) v Harvey Leighton Grainger and Moira Elizabeth Grainger 15 May 2002 SCS Lord Coulsfield and Lord Hamilton and Lord MacLean Scotland, Land 1 Cites 1 Citers [ ScotC ] Â H W (Ap) v the Criminal Injuries Compensation Appeal Panel for Judicial Review of A Decision of the Criminal Injuries Compensation Appeal Panel 15 May 2002 SCS Lord Macfadyen Scotland, Personal Injury [ ScotC ] Â Dickson Minto W S and others v Bonnier Media Limited and Another [2002] ScotCS 137 15 May 2002 SCS Lord Carloway Scotland [ Bailii ] Â Brown v Gallagher Times, 03 June 2002 15 May 2002 HCJ Lord Cameron of Lochbroom, Lord Hamilton and Lord Morison Road Traffic, Scotland The appellant contended that the Intoximeter which had been used to measure the level of alcohol in his breath, had not been manufactured by the approved manufacturer, and did not therefore satisfy the type approval, and that the inconsistency in the way it reacted to mouth alcohol as opposed to breath alcohol meant that it was not reliable. Held: The court (in Browne) had previously decided that devices not manufactured by Intoximeter Inc could be used. The tests acknowledged the difficulty in reading mouth alcohol consistently, and this inconsistency did not defeat the validity of the use of the measuring device. Road Traffic Act 1998 5(1) - Breath Analysis Devices (Scotland) Approval 1998 1 Cites 1 Citers Â Â Barrie and others v Her Majesty's Advocate; HCJ 15-May-2002 - [2002] ScotHC 64; [2002] ScotHC 64; 2002 GWD 17-557; 2002 SLT 1053 Â John Black v Dundee City Council 16 May 2002 ScSf Sheriff J.H. Stewart Scotland [ ScotC ] Â The Royal Highland and Agricultural Society of Scotland v Thomas Brown Trading As Tom Brown (Motor Racing School) 17 May 2002 SCS Lord Caplan and Lord Hamilton and Lord Marnoch Scotland [ ScotC ] Â Carole Patricia Jones Or Smith and Co v J Smart (Contractors) Public Limited Company 17 May 2002 SCS Lord Cameron of Lochbroom and Lord Hamilton and Lord President Scotland, Personal Injury The pursuers sought damages for the estate of the deceased, a former employee of the responders, and who had died from mesothelioma. The particular issues were the judges exclusion of certain heads of damages for lost support. The defenders had complained of the lack of information to support the claim. Held: It was common to aggregate the earnings of a couple where both worked, and to deduct 25% in respect of loss of support. The pursuers claim was now made sufficiently clear. 1 Cites [ ScotC ] - [ ScotC ] Â Kelly v Cox and Another [2002] ScotCS 140 20 May 2002 SCS Scotland [ Bailii ] Â Joseph Philip Mcgrath Kelly v Mary Cox and Glasgow City Council 20 May 2002 SCS Lady Paton Scotland [ ScotC ] Â Cheltenham Gloucester Plc v Sun Alliance London Insurance [2002] ScotCS 141 21 May 2002 SCS Scotland [ Bailii ] Â Cheltenham and Gloucester Plc v Sun Alliance and London Insurance 21 May 2002 SCS Lord Clarke Scotland [ ScotC ] Â Laura Thomson (Ap) v Royal Bank of Scotland Plc &C 22 May 2002 SCS Lord Clarke Scotland [ ScotC ] Â Thomson v Royal Bank Scotland Plc [2002] ScotCS 143 22 May 2002 SCS Scotland [ Bailii ] Â Butler v Grampian University Hospitals NHS Trust [2002] ScotCS 142; 2002 SLT 985 22 May 2002 SCS Lord MacFadyen Scotland, Health and Safety 1 Citers [ ScotC ] - [ Bailii ] Â Brown and others v Her Majesty's Advocate [2002] ScotHC 65 22 May 2002 HCJ Scotland, Crime [ Bailii ] Â BG v the City of Edinburgh Council 23 May 2002 SCS Lord Coulsfield and Lady Cosgrove and Lord Caplan Scotland [ ScotC ] Â Patrick Davidson v Lothian and Borders Fire Board [2002] ScotCS 145 23 May 2002 SCS Lord Dawson Scotland [ ScotC ] - [ Bailii ] Â Appeal By S M , I K and J A K 23 May 2002 SCS Lord Hamilton Scotland [ ScotC ] Â Re S M and Others [2002] ScotCS 147 23 May 2002 SCS Scotland [ Bailii ] Â J for an Order Under the Child Abduction and Custody Act 23 May 2002 SCS Lady Paton Scotland, Children Child Abduction and Custody Act 1985 [ ScotC ] Â BG v City of Edinburgh Council [2002] ScotCS 144; [2002] ScotCS 144 23 May 2002 SCS Scotland [ Bailii ] Â J, Re [2002] ScotCS 146 23 May 2002 SCS Scotland [ Bailii ] Â Ian Dunn v Solaglass Limited and Tibbett and Britten UK Plc 24 May 2002 SCS Lord Carloway Scotland [ ScotC ] Â Clydesdale Bank Plc v Margaret McCaw [2002] ScotCS 148 24 May 2002 SCS Lord Cameron of Lochbroom and Lord Coulsfield and Lord Abernethy Scotland [ ScotC ] - [ Bailii ] Â Dunn v Solaglass Limited and Another [2002] ScotCS 149 24 May 2002 SCS Scotland [ Bailii ] Â John Mowlem and Company Plc v Akeler (Scotland) Limited 28 May 2002 SCS Lady Cosgrove and Lord Kirkwood and Lord President Scotland [ ScotC ] Â Mohammed Ali Shaher and others v British Aerospace Flying College Limited [2002] ScotCS 151 28 May 2002 OHCS Lord Wheatley Scotland, Personal Injury, Damages 1 Cites 1 Citers [ ScotC ] - [ Bailii ] Â John Mowlem and Company Plc v Akeler [2002] ScotCS 150 28 May 2002 SCS Scotland [ Bailii ] Â Gilmour v East Renfrewshire Council [2002] ScotCS 152 29 May 2002 SCS Lord Drummond Young Scotland, Health and Safety 1 Citers [ ScotC ] - [ Bailii ] Â R C Hyndman Limited 29 May 2002 ScSf Sheriff C A L Scott Scotland [ ScotC ] Â Reference By the Crcrc on the Application of Mccormack v Hma [2002] ScotHC HCJ - 347; 2002 SCCR 765; 2003 JC 1; 2002 GWD 20-645 29 May 2002 HCJ Scotland, Crime [ Bailii ] Â The Right Honourable the Countess of Lindsay v Fife Scottish Omnibuses Ltd [2002] ScotCS 153 30 May 2002 OHCS Lord Macfadyen Scotland [ ScotC ] - [ Bailii ] Â Marjorie Martin (Ap) v Scottish Equitable Plc and Friends Provident Life Office [2002] ScotCS 154 30 May 2002 OHCS Lord Hardie Scotland [ ScotC ] - [ Bailii ] Â Regina v Her Majesty's Advocate and the Advocate General for Scotland 31 May 2002 HCJ Lord Caplan and Lord Cameron of Lochbroom and Lord Coulsfield Scotland, Crime [ ScotC ] Â Krupp Uhde Gmbh v Weir Westgarth Limited 31 May 2002 SCS Lord Eassie Scotland [ ScotC ] Â Mohamed Abdel Moneim Ali Fayed and Ali Ali Fayed and Salah Eldin Ali Fayed v The Rt Hon Lynda Clark, QC, MP 31 May 2002 SCS Lord Justice Clerk Scotland [ ScotC ] Â Clive Winter v Her Majesty's Advocate [2002] ScotCS 155 31 May 2002 IHCS Lord Justice Clerk and Lord Kirkwood and Lord Osborne Scotland, Crime, Scotland [ ScotC ] - [ Bailii ] Â Winter v Her Majesty's Advocate [2002] ScotHC 66 31 May 2002 HCJ Scotland, Crime [ Bailii ] Â Clive Winter v Her Majesty's Advocate [2002] ScotCS 155 31 May 2002 IHCS Lord Justice Clerk and Lord Kirkwood and Lord Osborne Scotland, Crime, Scotland [ ScotC ] - [ Bailii ] Â Ali Fayed and others v Advocate General [2002] ScotCS 349 31 May 2002 SCS Scotland [ Bailii ] Â Sim Group Ltd v Neil Jack and Co 5 Jun 2002 SCS Lord Clarke Scotland [ ScotC ] Â Douglas Nelson v Her Majesty's Advocate 5 Jun 2002 HCJ Lord Justice Clerk and Lord Kirkwood and Lord Osborne Scotland, Crime [ ScotC ] Â Sim Group Ltd v Neil Jack and C [2002] ScotCS 158 5 Jun 2002 SCS Scotland [ Bailii ] Â Meighan and others v Her Majesty's Advocate [2002] ScotCS 156 5 Jun 2002 SCS Scotland [ Bailii ] Â Her Majesty's Advocate v Joseph Herbert Millbank 5 Jun 2002 HCJ Lord Justice Clerk and Lord Kirkwood and Lord MacLean Scotland, Crime [ ScotC ] Â Brian James Meighan and Kevin James Kane and David Sutherland Pugh v Her Majesty's Advocate 5 Jun 2002 HCJ Lord Justice General and Lord Hamilton and Lord Kingarth Scotland, Crime [ ScotC ] Â Nelson v Her Majesty's Advocate [2002] ScotHC 70 5 Jun 2002 HCJ Scotland, Crime [ Bailii ] Â Meighan and others v Her Majesty's Advocate [2002] ScotHC 71 5 Jun 2002 HCJ Scotland, Crime [ Bailii ] Â Her Majesty's Advocate v Millbank [2002] ScotHC 72 5 Jun 2002 HCJ Scotland, Crime [ Bailii ] Â Nelson v Her Majesty's Advocate [2002] ScotCS 157 5 Jun 2002 SCS Scotland [ Bailii ] Â Alexander Tristan Duff Brodie or Brodie and Co v Secretary of State for Scotland &C 6 Jun 2002 SCS Lady Smith Scotland [ ScotC ] Â Sweet v Her Majesty's Advocate [2002] ScotHC 73 6 Jun 2002 HCJ Scotland, Crime [ Bailii ] Â VA Tech Wabag UK Ltd v Morgan Est (Scotland) Ltd [2002] ScotCS 160 6 Jun 2002 SCS Lord Drummond Young Scotland [ ScotC ] - [ Bailii ] Â Stuart Gilbert Robertson Sweet v Her Majesty's Advocate 6 Jun 2002 HCJ Lord Justice Clerk and Lord Kirkwood and Lord MacLean Scotland, Crime [ ScotC ] Â Brodie and others v Secretary State Scotland [2002] ScotCS 159 6 Jun 2002 SCS Scotland [ Bailii ] Â Norman Stuart Paterson v Procurator Fiscal, Dunoon 11 Jun 2002 HCJ Lord Macfadyen and Lord MacLean and Lord McCluskey Scotland, Crime [ ScotC ] Â The Council of the Law Society v Neil Forsythe McPherson 11 Jun 2002 SCS Lord President and Lord Cameron of Lochbroom and Lord Hamilton Scotland, Legal Professions [ ScotC ] Â The Council of the Law Society v Alistair David Armstrong Hall 11 Jun 2002 SCS Lord President and Lord Cameron of Lochbroom and Lord Hamilton Scotland, Legal Professions [ ScotC ] Â Paterson v Procurator Fiscal [2002] ScotHC 74 11 Jun 2002 HCJ Scotland, Crime [ Bailii ] Â David Forbes Spence and Another v W and R Murray (Alford) Limited and others 11 Jun 2002 SCS Lord President and Lord Kirkwood and Lord Morison Scotland [ ScotC ] Â Kathleen Morag White Or Haugan (Ap) v Odd Haugan (Ap) 12 Jun 2002 SCS Lord Hamilton and Lord McCluskey and Lord Menzies Scotland [ ScotC ] Â Brian McGowan v Summit at Lloyds Times, 11 July 2002 12 Jun 2002 SCS Lord Marnoch and Lady Cosgrove and Lord Reed Scotland, Contract, Jurisdiction The contract provided for the exclusive jurisdiction of the English courts. The claimant challenged this under the Act. Held The 1982 Act modified art 17 of the Convention when putting it in effect. That difference did not lead to the conclusion that Parliament intended to prevent parties contracting to exclude the jurisdiction of one jurisdiction within the UK from another. The words had to be construed in accordance with their natural meaning. Surrounding factors could be considered, including whether either party could invoke it, its specific agreement, whether it was a pre-printed agreement, and whether the burden would fall one party more than the other. These factors are not exhaustive. Since English jurisdiction already existed, the clause must be declaratory or providing exclusivity. Some such factors did apply here and the clause would not be construed so as to restrict jurisdiction to eth English courts. Civil Jurisdiction and Judgments Act 1982 Sch 4 Art 17 - Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters 17 1 Cites [ ScotC ] Â White Or Haugan v Haugan [2002] ScotCS 331 12 Jun 2002 SCS Scotland [ Bailii ] Â Carling v Her Majesty's Advocate [2002] ScotHC 76 13 Jun 2002 HCJ Scotland, Crime [ Bailii ] Â Her Majesty's Secretary of State for Trade and Industry v Ian Blackwood Alan Blackwood David Lowing 13 Jun 2002 IHCS Lord President and Lord Kirkwood and Lord Marnoch Scotland [ ScotC ] Â Andrew Alexander Carling v Her Majesty's Advocate 13 Jun 2002 HCJ Lord MacLean and Lord Macfadyen Scotland, Crime [ ScotC ] Â The Institute of Chartered Accountants of Scotland for Warrant To Cite Witnesses 14 Jun 2002 SCS Lord Menzies Scotland [ ScotC ] Â Mohammed Noor (Ap) v The Secretary of State for the Home Department for Judicial Review of A Decision of the Immigration Appeal Tribunal 14 Jun 2002 SCS Lord Macfadyen Scotland [ ScotC ] Â Ekkebus and Another v Her Majesty's Advocate [2002] ScotHC 77 18 Jun 2002 HCJ Scotland, Crime [ Bailii ] Â Christian Ekkebus and Albert Hulst and Arjeh Vandijk v Her Majesty's Advocate 18 Jun 2002 HCJ Lord Drummond Young and Lord Hamilton and Lord Wheatley Scotland, Crime [ ScotC ] Â A C M Or B-G v A M B-G 19 Jun 2002 IHCS Lord Cameron of Lochbroom and Lord MacLean and Lord Macfadyen Scotland [ ScotC ] Â Binnie v Her Majesty's Advocate [2002] ScotHC 79 19 Jun 2002 HCJ Scotland, Crime [ Bailii ] Â William Smart Binnie v Her Majesty's Advocate 19 Jun 2002 HCJ Lord Justice Clerk and Lord Kirkwood and Lord MacLean Scotland, Crime [ ScotC ] Â Determination Under the Fatal Accident and Sudden Deaths Inquiry Into the Death of Stuart Robert Hamilton 19 Jun 2002 ScSf Sheriff Principal John McInnes, QC Scotland, Coroners [ ScotC ] Â A M Or G v A G 19 Jun 2002 IHCS Lord Cameron of Lochbroom and Lord MacLean and Lord Macfadyen Scotland [ ScotC ] Â Helen Stewart Or Macdonald v Donald Scott Macdonald 21 Jun 2002 ScSf Sheriff Principal R.A. Dunlop, Q.C. Scotland [ ScotC ] Â Note of the Lord Ordinary I C the Advocate General v Maureen Taylor 24 Jun 2002 SCS Lord McEwan Scotland [ ScotC ] Â Samana Ahmed v Syed Ahmed 25 Jun 2002 SCS Lord Clarke Scotland [ ScotC ] Â Samana Ahmed v Syed Ahmed 25 Jun 2002 SCS Lord Clarke Scotland [ ScotC ] Â Schwarzkopf Limited v Desmond Quinn [2002] IRLR 602 25 Jun 2002 SCS Lord Coulsfield Scotland, Employment, Discrimination 1 Cites 1 Citers [ ScotC ] - [ ScotC ] Â Karen Letford v Glasgow City Council 25 Jun 2002 ScSf Sheriff Principal Edward F Bowen QC Scotland [ ScotC ] Â Interserve Project Services Ltd v K Systems Ltd 26 Jun 2002 SCS Lord Eassie Scotland [ ScotC ] Â Karen Letford v Glasgow City Council 26 Jun 2002 ScSf Sheriff Principal E.F. Bowen Scotland [ ScotC ] Â Diamond v Pjw Enterprises [2002] Scotcs 340 27 Jun 2002 SCS Scotland [ Bailii ] Â John Malarkey Duff v East Dunbartonshire Council and Co 28 Jun 2002 IHCS Lord Kirkwood and Lord Marnoch and Lord President Scotland [ ScotC ] Â Procurator Fiscal, Lerwick v James Robert Sinclair 28 Jun 2002 HCJ Lord Caplan and Lord Justice Clerk and Lord Marnoch Scotland, Crime [ ScotC ] Â Procurator Fiscal v Sinclair [2002] ScotHC 81 28 Jun 2002 HCJ Scotland, Crime [ Bailii ] Â Patricia Moir v Alex Wilson 1 Jul 2002 ScSf Sheriff C.G. McKay Scotland [ ScotC ] Â Bonnier Media Ltd v Smith and Another [2002] ScotCS 347 1 Jul 2002 SCS Scotland [ Bailii ] Â Criminal Procedure (Scotland) Act 1995 Section 123, Re [2002] ScotHC 90 3 Jul 2002 HCJ Scotland, Crime [ Bailii ] Â Lord Advocate Reference No 1 of 2002 By Her Majesty's Advocate 3 Jul 2002 HCJ Lord Cameron of Lochbroom and Lord Caplan and Lord Kirkwood Scotland, Crime Criminal Procedure (Scotland) Act 1995 123 [ ScotC ] Â Jh v Ds [2002] ScotCS 163 4 Jul 2002 SCS Scotland [ Bailii ] Â Donald Smith v Procurator Fiscal, Aberdeen 4 Jul 2002 HCJ Lord Abernethy and Lord Kirkwood and Sheriff Principal E.F. Bowen Scotland, Crime [ ScotC ] Â J H Or S v D S 4 Jul 2002 IHCS Lord Macfadyen and Lord Cameron of Lochbroom and Lord Kirkwood Scotland [ ScotC ] Â Smith v Procurator Fiscal [2002] ScotHC 91 4 Jul 2002 HCJ Scotland, Crime [ Bailii ] Â Shaw v Performing Right Society Ltd [2002] ScotCS 348; 2002 SCLR 993 9 Jul 2002 SCS Lord Menzies Scotland Action for reduction of a sheriff court decree whereby the Court granted decree by default for payment by the present pursuer to the present defenders of the sum of Â£47,357.62. [ Bailii ] Â Kenny v Procurator Fiscal, Dumfries [2002] ScotHC 92 10 Jul 2002 HCJ Lord Abernethy And Lord Kirkwood And Sheriff Principal E.F. Bowen Scotland, Crime [ Bailii ] - [ Bailii ] - [ ScotC ] Â Caledonia Subsea Ltd v Micoperi Srl [2002] ScotCS 345 12 Jul 2002 SCS Scotland [ Bailii ] Â Caledonia Subsea Limited v Micoperi Srl [2003] SC 70 12 Jul 2002 IHCS Lord Cameron of Lochbroom and Lord Marnoch and Lord President Scotland The court considered the proper application of Article 4 of the Convention. The Lord President expressed agreement with the position as stated in Samcrete: "I consider that the presumption under para 2 should not be disregarded unless the outcome of the comparative exercise referred to in para 5 which, unlike para 2, may involve difficulty and uncertainty, demonstrates a clear preponderance of factors in favour of another country." Lord Cameron. It was clear from the cases cited: "… that where a challenge is made, it is for the party other than the party who is to effect the characteristic performance, to satisfy the court that circumstances as a whole demonstrate that the applicable law is the law of a location other than that of the party who is to effect the characteristic performance. In particular cases, the place of performance of a contract may doubtless be regarded as a powerful factor … " Lord Marnoch expressed himself in sympathy with the approach of the Supreme Court of the Netherlands in Socit Nouvelle des Papeteries de l'Aa S.A. v B.V. Machinefabriek BOA to the effect that the presumption in Article 4(2) "… should be disregarded only if, in the special circumstances of the case, the place of business of the party who is to effect the characteristic performance has no real significance as a connecting factor …" and that: "It is only by adopting the Dutch approach that real and practical effect can be given to the objective of art 4 referred to above, namely that of clarifying and simplifying the law." 1 Cites 1 Citers [ ScotC ] Â Linda Miller Against A Decision of the Social Security Commissioner 12 Jul 2002 IHCS Lord Coulsfield and Lord Drummond Young and Lord Osborne Scotland, Benefits [ ScotC ] Â Sandra Duff Fyfe v North Glasgow University Hospitals NHS Trust 12 Jul 2002 OHCS T.G. Coutts, Q.C. Scotland [ ScotC ] Â Dodds v Her Majesty's Advocate [2002] ScotHC 96 17 Jul 2002 HCJ Scotland, Crime [ Bailii ] Â John William Summers and Another v Joyce Mcdonald Crichton 18 Jul 2002 OHCS Lord Cameron of Lochbroom Scotland [ ScotC ] Â Â Mills v HM Advocate and Another; PC 22-Jul-2002 - Times, 23 July 2002; [2002] UKPC D2; [2004] 1 AC 441 (PC) Â Mrs Elizabeth Graham v Stuart Dryden 23 Jul 2002 OHCS Lady Paton Scotland [ ScotC ] Â Royal Bank of Scotland plc v Bannerman Johnstone Maclay (a Firm) and Others Times, 01 August 2002 23 Jul 2002 OHCS Lord Macfadyen Scotland, Banking, Professional Negligence The defenders, a firm of chartered accountants, prepared accounts for a customer of the pursuer bank. The bank claimed damages for negligence having relied upon the accounts. The auditors relied upon the case of Galoo. Held: It was not necessary for the accounts to have been prepared specifically for the bank, no separate evidence of such an intention was required. Galoo did not refer to the present case where the auditors expressly knew that the bank would be relying on the accounts in making lending decisions. It had been open to the defenders, if they had wished to disclaim any responsibility beyond the statutory duties fulfilled. The auditors had to satisfy themselves that the company could continue, and that required them to test the readiness of the bank to continue its lending, and accordingly also the bank's reliance upon the audited accounts. 1 Cites [ ScotC ] Â Prestige Assets Ltd for Judicial Review of A Purported Decision of Renfrewshire Council 23 Jul 2002 OHCS Lord Mackay of Drumadoon Scotland [ ScotC ] Â Mrs Isla Gloag Or Maitland Makgill Crichton and others v Scottish Water 26 Jul 2002 OHCS Lord Clarke Scotland [ ScotC ] Â Donaldson v Procurator Fiscal [2002] ScotHC 97 26 Jul 2002 HCJ Scotland, Crime [ Bailii ] Â Stuart Earl v Kvaerner Energy Ltd 27 Jul 2002 OHCS Lord Eassie Scotland [ ScotC ] Â Â Adams and Others v Lord Advocate; IHCS 31-Jul-2002 - Times, 08 August 2002; [2002] ScotCS 344; 2002 SCLR 881; 2003 SLT 366; 2002 GWD 26-879; [2002] UKHRR 1189; 2003 SC 171 Â Â Trevor Ada and others for Judicial Review of the Protection of Wild Mammals (Scotland) Act 2002; OHCS 31-Jul-2002 - Â Whitbread Group Plc v Goldapple Limited 31 Jul 2002 OHCS Lord Drummond Young Scotland [ ScotC ] Â The Miller Group Limited v Lloyds TSB Scotland 31 Jul 2002 OHCS Lord Clarke Scotland [ ScotC ] Â Giles Wilfred Dove and Katherine Ann Dove for Judicial Review 31 Jul 2002 IHCS Lord Cameron of Lochbroom and Lord Macfadyen and Lord Sutherland Scotland [ ScotC ] Â Patrick Smith Mrs Susan Smith v Martin Mallady 2 Aug 2002 ScSf Sheriff D.S. Williamson Scotland [ ScotC ] Â Edinburgh Royal Joint Adventure for Suspension and an Order Ad Functum Praestandum 2 Aug 2002 OHCS T.G. Coutts, Q.C. Scotland [ ScotC ] Â Janette Dallas (Ap) v Janette Dallas As Guardian of Her Pupil Son the Lord Advocate Eileen Davie Advocate and Curatrix To the Pupil Child 6 Aug 2002 OHCS T.G. Coutts, Q.C. Scotland [ ScotC ] Â W M Fortheringham and Son v the British Limousin Cattle Society Limited 6 Aug 2002 OHCS T.G. Coutts, QC Scotland [ ScotC ] Â Fergus Ferguson and Norman Fitchett Trading As Hollywood Limousines v Jim Adair Trading As Hollywood Nights 6 Aug 2002 ScSf Sheriff Principal John McInnes, QC Scotland [ ScotC ] Â Alexander Marku for Judicial Review By the Immigration Appeal Tribunal 8 Aug 2002 OHCS Lady Smith Scotland, Immigration [ ScotC ] Â Ditta v Her Majesty's Advocate [2002] ScotHC 100 14 Aug 2002 HCJ Scotland, Crime [ Bailii ] Â Palmer v Her Majesty's Advocate [2002] ScotHC 104 16 Aug 2002 HCJ Scotland, Crime [ Bailii ] Â James Moffat v William Skillen and others 20 Aug 2002 ScSf Sheriff W. Holligan Scotland [ ScotC ] Â Capital Bank Plc v Archie Paterson 20 Aug 2002 ScSf Sheriff W. Holligan Scotland [ ScotC ] Â Francis Mcavennie v Scottish Daily Record and Sunday Mail Limited 20 Aug 2002 ScSf Sheriff W. Holligan Scotland 1 Cites 1 Citers [ ScotC ] Â the Construction Centre Group Ltd v the Highland Council [2002] ScotCS CSOH - 354 23 Aug 2002 SCS Scotland [ Bailii ] Â Astilleros Zamakona Sa v Mackinnons [2002] ScotCS 343 26 Aug 2002 SCS Scotland [ Bailii ] Â Bee v T and N Shelf Twenty Six Ltd and others [2002] ScotCS 353 27 Aug 2002 SCS Scotland [ Bailii ] Â Wright v Paton Farrell and others [2002] ScotCS 341 27 Aug 2002 SCS Scotland [ Bailii ] Â Madden v Procurator Fiscal [2002] ScotHC 107 27 Aug 2002 HCJ Scotland, Crime [ Bailii ] Â Reid v Procurator Fiscal [2002] ScotHC 108 28 Aug 2002 HCJ Scotland, Crime [ Bailii ] Â Prostar Management Limited v Kevin Twaddle 29 Aug 2002 ScSf Sheriff Principal E.F. Bowen Scotland [ ScotC ] Â Lorna Drever v John Drever 2 Sep 2002 ScSf Sheriff Principal Sir Stephen S.T. Young Scotland [ ScotC ] Â Withers v Her Majesty's Advocate [2002] ScotHC 120 3 Sep 2002 HCJ Scotland, Crime [ Bailii ] Â Anderson v Express Investment Company Ltd [2002] ScotCS 251 4 Sep 2002 SCS Scotland [ Bailii ] Â Methven v Babygro [2002] ScotCS 252 5 Sep 2002 SCS Scotland [ Bailii ] Â William Weir v CSC Forest Products Limited [2002] ScotCS 253 5 Sep 2002 OHCS Lord Clarke Scotland [ ScotC ] - [ Bailii ] Â Thomas and Joyce Mcmillan v Ahmos Farid Fahmy Ghaly 9 Sep 2002 ScSf Sheriff R.A. Davidson Scotland [ ScotC ] Â Sheltered Housing Management Limited v Isobel Cairns and others for Rectification of A Document [2002] ScotCS 258 11 Sep 2002 OHCS Lord Nimmo Smith Scotland [ ScotC ] - [ Bailii ] Â Scott Davidson v The Scottish Ministers (No 2) [2002] ScotCS 256; 2003 SC 103 11 Sep 2002 IHCS Lord Justice Clerk and Lord Kirkwood and Lord Philip Scotland, Prisons, Human Rights European Convention on Human Rights 1 Cites 1 Citers [ ScotC ] - [ Bailii ] Â Keith v Chalmbers and others [2002] ScotCS 257 11 Sep 2002 SCS Scotland [ Bailii ] Â James Hay v the Institute of Chartered Accountants of Scotland 11 Sep 2002 OHCS Lady Paton Scotland [ ScotC ] Â Hay v Institute Chartered Accountants Scotland [2002] ScotCS 259 11 Sep 2002 SCS Scotland [ Bailii ] Â Mckenna v Procurator Fiscal [2002] ScotHC 123 12 Sep 2002 HCJ Scotland, Crime [ Bailii ] Â Henry Wyse Rodger (Ap) v C and J Contracts Limited 13 Sep 2002 OHCS Lord Philip Scotland [ ScotC ] Â Rodger v C and J Contracts [2002] ScotCS 260 13 Sep 2002 SCS Scotland [ Bailii ] Â Total Logistics Concepts v Argyll Bute Council [2002] ScotCS 261 17 Sep 2002 SCS Scotland [ Bailii ] Â City Edinburgh Council v Scottish Ministers [2002] ScotCS 262 17 Sep 2002 SCS Scotland [ Bailii ] Â the City of Edinburgh Council v the Scottish Ministers 17 Sep 2002 OHCS Lord Eassie Scotland [ ScotC ] Â Total Logistics Concepts Limited v Argyll and Bute Council 17 Sep 2002 IHCS Lord Coulsfield and Lord Johnston and Lord McCluskey Scotland [ ScotC ] Â John Moodie and Co and others v Coastal Marine (Boatbuilders) Ltd [2002] ScotCS 263 19 Sep 2002 SCS Scotland [ Bailii ] Â Her Majesty's Advocate v P H [2002] ScotHC 124 19 Sep 2002 HCJ Scotland, Crime [ Bailii ] Â Following an Inquiry Held at Paisley During 1St To 27Th November 2001 In the Deaths of William George Henderson and others (Airtours) 24 Sep 2002 ScSf Sheriff Principal B A Kerr Scotland, Coroners [ ScotC ] Â Elaine Glennie v Aberdeen City Council EATS/0002/02; [2002] UKEAT 0002 - 02 - 2409 24 Sep 2002 EAT The Honourable Lord Johnston Employment, Scotland, Discrimination EAT Sex Discrimination - Victimisation [ EATn ] Â Pebble Beach Company v Lombard Brands [2002] ScotCS 265 24 Sep 2002 SCS Scotland [ Bailii ] Â Syme v Scottish Borders Council [2002] ScotCS 264 24 Sep 2002 SCS Scotland [ Bailii ] Â Pebble Beach Company v Lombard Brands Limited 24 Sep 2002 OHCS Lord Menzies Scotland [ ScotC ] Â George Syme v Scottish Borders Council 24 Sep 2002 OHCS Lord Clarke Scotland [ ScotC ] Â Lennox and Another v Her Majesty's Advocate [2002] ScotHC 126 25 Sep 2002 HCJ Scotland, Crime [ Bailii ] Â Saha v Straw [2002] ScotCS 266 25 Sep 2002 SCS Scotland [ Bailii ] Â Pet Debrayyit Kumar Saha v the Rt John Jack Straw 25 Sep 2002 OHCS Lord Wheatley Scotland [ ScotC ] Â John Delaney v Finlay Park Trading As Park Hutchison 27 Sep 2002 OHCS T.G. Coutts, Q.C. Scotland [ ScotC ] Â Cannon v Procurator Fiscal [2002] ScotHC 127 27 Sep 2002 HCJ Scotland, Crime [ Bailii ] Â Delaney v Finlay Park (T/A Park Hutchison) [2002] ScotCS 267 27 Sep 2002 SCS Scotland [ Bailii ] Â Douglas Stewart v Perth and Kinross Council for Judicial Review [2002] ScotCS 268 1 Oct 2002 IHCS Lord Coulsfield and Lord Johnston and Lord McCluskey Scotland 1 Cites 1 Citers [ ScotC ] - [ Bailii ] - [ Bailii ] Â Slater v Procurator Fiscal, Fife [2002] ScotHC 309 1 Oct 2002 HCJ Scotland, Crime [ Bailii ] Â Murphy v Her Majesty's Advocate [2002] ScotHC 307 2 Oct 2002 HCJ Scotland, Crime [ Bailii ] Â Watt v Her Majesty's Advocate [2002] ScotHC 306 3 Oct 2002 HCJ Scotland, Crime [ Bailii ] Â Chalmers v Her Majesty's Advocate [2002] ScotHC 305 3 Oct 2002 HCJ Scotland, Crime [ Bailii ] Â Potter v Her Majesty's Advocate [2002] ScotHC 304 4 Oct 2002 HCJ Lord Kirkwood And Lord Cameron Of Lochbroom And Lord Marnoch Scotland, Crime [ Bailii ] - [ Bailii ] - [ ScotC ] Â Groenius BV and others v Smith and others [2002] ScotCS 269 8 Oct 2002 SCS Scotland [ Bailii ] Â Groenius B v and others v Norman A Smith and others 8 Oct 2002 OHCS Lord Clarke Scotland [ ScotC ] Â Groenius B v and others v Smith and others [2002] ScotCS 269 8 Oct 2002 SCS Scotland [ Bailii ] Â Dingley v The Chief Constable of Strathclyde Police [2002] ScotCS 270 9 Oct 2002 OHCS Lord Eassie Scotland, Personal Injury 1 Cites 1 Citers [ ScotC ] - [ Bailii ] - [ Bailii ] Â Bain v Bain and others [2002] ScotCS 271 11 Oct 2002 SCS Scotland [ Bailii ] Â Bain v Bain and others [2002] ScotCS 271 11 Oct 2002 SCS Scotland [ Bailii ] Â Robert Bain (Ap) v Andrew Bain (Ap) and others 11 Oct 2002 OHCS Lord Macfadyen Scotland [ ScotC ] Â MM v AMR Or M for an Order Under the Child Abduction and Custody Act 1985 14 Oct 2002 OHCS Lord Macfadyen Scotland, Children Child Abduction and Custody Act 1985 [ ScotC ] Â MM v AMR [2002] ScotCS 272 14 Oct 2002 SCS Scotland [ Bailii ] Â M M v A M R [2002] ScotCS 272 14 Oct 2002 SCS Scotland [ Bailii ] Â Hoy Trust v Thomson and Another [2002] ScotSC 202 15 Oct 2002 ScSf Scotland [ Bailii ] Â SD Or S v PCS [2002] ScotCS 273 15 Oct 2002 SCS Scotland [ Bailii ] Â H L Friel and Son v Gt Demolitions [2002] ScotSC 201 15 Oct 2002 Scsf Scotland [ Bailii ] Â Hoy Trust v Thomson and Another [2002] ScotSC 202 15 Oct 2002 Scsf Scotland [ Bailii ] Â H L Friel and Son v Gt Demolitions [2002] ScotSC 201 15 Oct 2002 ScSf Scotland [ Bailii ] Â Camec v City Glasgow Licensing Board others [2002] ScotSC 204 15 Oct 2002 ScSf Scotland [ Bailii ] Â Camec (Scotland) Limited v City of Glasgow Licensing Board and others 15 Oct 2002 ScSf Sheriff C A L Scott Scotland [ ScotC ] Â H L Friel and Son Limited v Gt Demolitions Limited 15 Oct 2002 ScSf Sheriff Principal B A Kerr Scotland [ ScotC ] Â the Hoy Trust v Terrence B Thomson and Another 15 Oct 2002 ScSf Sheriff Principal Sir Stephen S.T. Young Scotland [ ScotC ] Â S D Or S v P C S [2002] ScotCS 273 15 Oct 2002 SCS Scotland [ Bailii ] Â S D Or S v P C S 15 Oct 2002 OHCS Lord Kingarth Scotland [ ScotC ] Â Mackinnon, Judicial Review Decision Medical Referee [2002] ScotCS 275 16 Oct 2002 SCS Scotland [ Bailii ] Â Donald Mackinnon for Judicial Review of A Decision of A Medical Referee 16 Oct 2002 OHCS Lord Johnston Scotland [ ScotC ] Â Mackinnon, Judicial Review Decision Medical Referee [2002] ScotCS 275 16 Oct 2002 SCS Scotland [ Bailii ] Â Gillies others (Ap) v Lynch others [2002] ScotCS 276 17 Oct 2002 SCS Scotland 1 Citers [ Bailii ] Â Charles Bruce Fettes and others v David Herd Lynch and others 17 Oct 2002 OHCS Lord Macfadyen Scotland [ ScotC ] Â Fettes and others v Lynch and others [2002] ScotCS 277 17 Oct 2002 SCS Scotland [ Bailii ] Â Gillies and others (Ap) v Lynch and others [2002] ScotCS 276 17 Oct 2002 OHCS Lord Macfadyen Scotland 1 Cites [ Bailii ] Â Fettes and others v Lynch and others [2002] ScotCS 277 17 Oct 2002 SCS Scotland [ Bailii ] Â Donnelly v Safeway Stores and others [2002] ScotCS 282 18 Oct 2002 SCS Scotland [ Bailii ] Â Hiskett and others v G and G Wilson and others [2002] ScotCS 281 18 Oct 2002 SCS Scotland [ Bailii ] Â Munro v Highland Council [2002] ScotCS 283 18 Oct 2002 SCS Scotland [ Bailii ] Â Donnelly v Safeway Stores and Co 18 Oct 2002 IHCS Lord Caplan and Lord Marnoch and Lord President Scotland [ ScotC ] Â Petition To the Nobile Officium By Spencer James Mellors 18 Oct 2002 HCJ Lord Cameron Of Lochbroom And Lord Justice Clerk And Lord Maclean Scotland, Crime [ ScotC ] Â Donnelly v Safeway Stores and others [2002] ScotCS 282 18 Oct 2002 SCS Scotland [ Bailii ] Â Hiskett and others v G and G Wilson and others [2002] ScotCS 281 18 Oct 2002 SCS Scotland [ Bailii ] Â Roderick Alistair Munro v The Highland Council [2002] ScotCS 283 18 Oct 2002 IHCS Lord President and Lord Caplan and Lord Marnoch Scotland [ ScotC ] - [ Bailii ] Â Robertson v Baxter [2002] ScotSC 200 22 Oct 2002 ScSf Scotland [ Bailii ] Â Azad Gardi v Secretary of State for the Home Department (No 2) Times, 25 October 2002; Gazette, 21 November 2002; [2002] EWCA Civ 1560; [2002] 1 WLR 3282 22 Oct 2002 CA Ward LJ Immigration, Scotland The Home Secretary sought to appeal against the decision of the Immigration Appeal Tribunal. Held: The IAT had been reviewing a decision of an adjudicator in Scotland. Accordingly, any appeal against the IAT decision lay to the Court of Session, not to the Court of Appeal. The earlier order was a nullity. 1 Cites [ Bailii ] Â Graeme Alan Robertson v Patricia Helen Honeyman Baxter 22 Oct 2002 ScSf Sheriff J.H. Stewart Scotland [ ScotC ] Â Bitwise v CPS Broadcast Products Bv [2002] ScotCS 280 23 Oct 2002 SCS Scotland [ Bailii ] Â Bitwise v Cps Broadcast Products Bv [2002] ScotCS 280 23 Oct 2002 SCS Scotland [ Bailii ] Â Bitwise Limited v Cps Broadcast Products Bv 23 Oct 2002 OHCS Lord Macfadyen Scotland [ ScotC ] Â Michael Aitken, Petition for Judicial Review of A Decision of the Governor of Shotts Prison [2002] ScotCS 278 24 Oct 2002 OHCS Lord Hardie Scotland, Prisons [ ScotC ] - [ Bailii ] Â Caledonia North Sea Limited v Norton (No 2) Limited (In Liquidation) and Another 24 Oct 2002 OHCS Lord Wheatley Scotland [ ScotC ] Â Lyon v Her Majesty's Advocate [2002] ScotHC 311 24 Oct 2002 HCJ Scotland, Crime [ Bailii ] Â Ian Smith Watson v Student Loans Company Ltd 24 Oct 2002 OHCS T.G. Coutts, Q.C. Scotland [ ScotC ] Â Watson v Student Loans Company Ltd [2002] ScotCS 279 24 Oct 2002 SCS Scotland [ Bailii ] Â Watson v Student Loans Company Ltd [2002] ScotCS 279 24 Oct 2002 SCS Scotland [ Bailii ] Â Jones v Reith Lambert Facilities Management Ltd EATS/0009/02; [2002] UKEAT 0009 - 02 - 2410 24 Oct 2002 EAT The Honourable Lord Johnston Employment, Scotland EAT Procedural Issues - Employment Tribunal [ Bailii ] - [ EAT ] Â Aitken, Judicial Review [2002] ScotCS 278 24 Oct 2002 SCS Scotland [ Bailii ] Â Murphy v Her Majesty's Advocate [2002] ScotHC HCJAC - 339 24 Oct 2002 HCJ Scotland, Crime [ Bailii ] Â Devron Potatoes Ltd v Gordon and Innes Ltd and others [2002] ScotCS 284 25 Oct 2002 SCS Scotland [ Bailii ] Â Devron Potatoes Ltd v Gordon and Innes Ltd and others [2002] ScotCS 284 25 Oct 2002 SCS Scotland [ Bailii ] Â Scottbridge Construction Ltd v Wright [2002] ScotCS 285 25 Oct 2002 SCS Scotland [ Bailii ] Â Debrajit Saha v Secretary of State for the Home Department 25 Oct 2002 IHCS Lord McCluskey and Lord President and Lord Marnoch Scotland [ ScotC ] Â Scottbridge Construction Ltd v James Wright [2002] ScotCS 285; [2003] IRLR 21 25 Oct 2002 OHCS Lord President Scotland, Employment The claimant worked as a night watchman, on 7 nights a week between 5pm and 7am. His principal purpose was to be available there to respond if an alarm was set off by an intruder. When not performing a specific task, he could do whatever he wanted. Held: The had little to do during certain hours when he was permitted to sleep did not mean that he was throughout in attendance as a night watchman and was required at any time to answer the telephone or to deal with alarms. The Tribunal had confused their estimate of the hours during which the respondent was generally active with an overall consideration of what was required of him as a night watchman. The whole period was time work for the purposes of the regulation. National Minimum Wage Regulations 1999 15 1 Cites 1 Citers [ ScotC ] - [ Bailii ] Â Brown v Her Majesty's Advocate [2002] ScotHC 315 25 Oct 2002 HCJ Scotland, Crime [ Bailii ] Â Stephen Davidson Morag Davidson v The Kilwinning Homing Society and Co 29 Oct 2002 IHCS Lord President and Lord Mackay of Drumadoon and Lord Weir Scotland [ ScotC ] Â Yell Com v Internet Business Centres Ltd 29 Oct 2002 ScSf Sheriff Principal E.F. Bowen Scotland [ ScotC ] Â Yell Com v Internet Business Centres Ltd [2002] ScotSC 203 29 Oct 2002 ScSf Scotland [ Bailii ] Â Yell.Com v Internet Business Centres Ltd [2002] ScotSC 203 29 Oct 2002 Scsf Scotland [ Bailii ] Â Christopher Simmons v British Steel Plc [2002] ScotCS 286 29 Oct 2002 IHCS Lord Caplan and Lord Justice Clerk and Lord Kingarth Scotland, Personal Injury The pursuer was injured in his head at work. That injury made worse a pre-existing skin condition, which in trun led to severe depression. He appealed a finding that the damage was too remote. Held: The House was in a position itself to judge the facts and overturned the decision of the Outer House. 1 Cites 1 Citers [ ScotC ] - [ Bailii ] - [ Bailii ] Â Walker v Her Majesty's Advocate [2002] ScotHC 316 30 Oct 2002 HCJ Scotland, Crime [ Bailii ] Â Litster v Procurator Fiscal [2002] ScotHC 317 1 Nov 2002 HCJ Scotland, Crime [ Bailii ] Â Linda Georgina Ellison v Inspirations East Limited [2002] ScotCS 289 1 Nov 2002 OHCS Lord Hardie Scotland [ ScotC ] - [ Bailii ] Â Robbie Mcintosh and C and Roberta Macgill and others v Scottish Borders Council 5 Nov 2002 IHCS Lord MacLean and Lord Osborne and Lady Smith Scotland [ ScotC ] Â Laurette Mcguire v Keith Nicholson 6 Nov 2002 ScSf Sheriff A.S. Jessop Scotland [ ScotC ] Â R M Supplies v Ems-Trans Schiffahrisges Mbh and Company and Another [2002] ScotCS 287 6 Nov 2002 SCS Scotland [ Bailii ] Â Mcguire v Nicholson [2002] ScotSC 207 6 Nov 2002 ScSf Scotland [ Bailii ] Â Sturgeon v Gallagher [2002] ScotCS 288 6 Nov 2002 OHCS Lord Emslie Scotland [ ScotC ] - [ Bailii ] Â Workman v Her Majesty's Advocate [2002] ScotHC 319 7 Nov 2002 HCJ Scotland, Crime [ Bailii ] Â Angelika Ilona, Countess Cawdor v Cawdor Castle (Tourism) Limited 7 Nov 2002 OHCS Lord Osborne Scotland [ ScotC ] Â Gary G Macauley v Dr M Lynda Clark, Q C M P , Advocate General for Scotland 8 Nov 2002 OHCS Lord Eassie Scotland [ ScotC ] Â Macauley v Advocate General for Scotland [2002] ScotCS 292 8 Nov 2002 SCS Scotland [ Bailii ] Â Roy Shepherd v Dundee City Council Dundee City Housing Benefit Review Board the Rent Officer, Dundee for Judicial Review of the Respondents Determining the Level of the Petitioner's Housing Benefit 8 Nov 2002 OHCS Lord Carloway Scotland [ ScotC ] Â Shepherd v Dundee City Council and others [2002] ScotCS 290 8 Nov 2002 SCS Scotland [ Bailii ] Â Shepherd v Dundee City Council and others [2002] ScotCS 290 8 Nov 2002 SCS Scotland [ Bailii ] Â Mcintyre v Her Majesty's Advocate [2002] ScotHC 320 8 Nov 2002 HCJ Scotland, Crime [ Bailii ] Â Keith v Chalmers and others [2002] ScotCS 294 11 Nov 2002 SCS Scotland [ Bailii ] Â Assessor for Grampian Valuation Joint Board Against A Decision of the Aberdeenshire Valuation Appeal Panel [2002] ScotCS 292 12 Nov 2002 SCS Scotland [ Bailii ] Â Assessor for Lanarkshire Valuation Joint Board Against A Decision of Lanarkshire Valuation Appeal Panel [2002] ScotCS 293 12 Nov 2002 SCS Scotland [ Bailii ] Â Assessor for Grampian Valuation Joint Board Against A Decision of the Aberdeenshire Valuation Appeal Panel Committee Dated 9/3/2000 12 Nov 2002 IHCS Lord President and Lord Marnoch and Lord Kirkwood Scotland [ ScotC ] Â Assessor for Lanarkshire Valuation Joint Board Against A Decision of Lanarkshire Valuation Appeal Panel Dated 19/10/2001 12 Nov 2002 IHCS Lord President and Lord Kirkwood and Lord Marnoch Scotland [ ScotC ] Â BP Exploration Operating Co Ltd v Chevron Shipping Company Chevron Transport Corporation Chevron Tankers (Bermuda) Limited [2002] ScotCS 291 13 Nov 2002 OHCS Lord Hamilton Scotland 1 Cites [ Bailii ] - [ Bailii ] Â Smith v Her Majesty's Advocate [2002] ScotHC 321 15 Nov 2002 HCJ Scotland, Crime [ Bailii ] Â Saif Ulsalam for Judicial Review of A Determination of an Adjudicator and A Determination of the Immigration Appeal Tribunal To Refuse Leave To Appeal 19 Nov 2002 OHCS Lord Johnston Scotland [ ScotC ] Â Ulsalam, Re [2002] ScotCS 295 19 Nov 2002 SCS Scotland [ Bailii ] Â Kevin John Neil, Prisoner In the Prison of Saughton, Edinburgh for Judicial Review 21 Nov 2002 OHCS Lady Smith Scotland [ ScotC ] Â James Gregor Robertson v Mary Elizabeth Baird Or Robertson 21 Nov 2002 OHCS T.G. Coutts, Q.C. Scotland [ ScotC ] Â Ic and Ac As Guardians of Ac v Argyll and Clyde Health Board 21 Nov 2002 OHCS Lord Carloway Scotland [ ScotC ] Â Brown v South Lanarkshire Council [2002] ScotCS 297 21 Nov 2002 SCS Scotland [ Bailii ] Â Neil, Re [2002] ScotHC 323 21 Nov 2002 HCJ Scotland, Crime [ Bailii ] Â Royal Insurance (UK) Ltd v AMEC Construction Scotland Ltdand Co 21 Nov 2002 OHCS T.G. Coutts, Q.C. Scotland [ ScotC ] Â Dunn v Her Majesty's Advocate [2002] ScotHC 322 21 Nov 2002 HCJ Lady Paton And Lord Kirkwood And Lord Maclean Scotland, Crime [ Bailii ] - [ ScotC ] Â Royal Insurance (UK) Ltd v Amec Construction Scotland Ltd and others [2002] ScotCS 296 21 Nov 2002 SCS Scotland [ Bailii ] Â Arthur v Her Majesty's Advocate [2002] ScotHC 324 22 Nov 2002 HCJ Scotland, Crime [ Bailii ] Â Mclaren Murdoch and Hamilton Limited v the Abercromby Motor Group Ltd [2002] ScotCS 299 22 Nov 2002 OHCS Lord Drummond Young Scotland, Construction The claimant architects sought payment of their professional fees. The defenders alleged negligence and breach of contract. Held: The fee must be based on the final account in the building contract, and not on any budget figure. [ ScotC ] - [ Bailii ] Â Lorna Morrice v Martin Retail Group Limited [2002] ScotCS 298; 2003 SCLR 289 22 Nov 2002 OHCS Lord Clarke Scotland, Limitation An accident occurred on 16 April 1997 and the action was raised on 21 November 2000. The pursuer averred that it would be equitable in the circumstances to allow her to bring the action out of time. The action had not been raised within the triennium because the firm of claim handlers acting on behalf of the pursuer had mistakenly noted on their file that the date of the accident was 16 April 1998. Held: In refusing the claim: "It appears to me that, in a case like the present, where there is an admitted culpable act of negligence by the pursuer's representatives in not raising the action timeously, it is simply insufficient to aver the fact of that negligent act. Frequently where the power conferred by section 19A is prayed in aid by a pursuer, there has been an oversight or omission by those acting for him to raise the action timeously. The court's discretionary power, conferred by section 19A, is to be exercised when it seems to the court that it is equitable to do so. Before the pursuer can succeed in persuading the court to exercise the power he must, in my judgment, set out appropriate facts and circumstances which point to it being equitable, notwithstanding the oversight or omission by those acting on his behalf, that the action should be allowed to proceed. Those facts and circumstances will include, no doubt among other things, the reason for the oversight or omission, how excusable the oversight or omission was, and the prejudice to the pursuer (including the extent of any such prejudice) if the action were not to proceed. It is clear from the authorities, cited by counsel for the defenders, that these factors have to be averred with some degree of specification (and if necessary proved). The section 19A power cannot, in my judgment, be regarded as simply providing an automatic release from the consequences of a pursuer's representative's negligence. In the present case, even after amendment, the pursuer's pleadings, in my opinion, provide no basis which would justify the court being persuaded that, notwithstanding the oversight or omission in this case, it would be equitable for the pursuer to be allowed to bring her action. This is particularly so where it is accepted, as it was, that a refusal to exercise the section 19A power would involve no real prejudice to the pursuer." 1 Citers [ ScotC ] - [ Bailii ] Â Bank of Ireland v Morton [2002] ScotCS 301 22 Nov 2002 SCS Scotland [ Bailii ] Â Bruce v Dignity Funerals Ltd (Formerly SCI Funerals Ltd) EATS/0015/02; [2002] UKEAT 0015 - 02 - 2211 22 Nov 2002 EAT The Honourable Lord Johnston Employment, Scotland, Damages Employment Rights Act 1996 123(1) 1 Cites 1 Citers [ Bailii ] - [ EAT ] Â Governor and Company of the Bank of Ireland v Brian Morton 22 Nov 2002 OHCS Lord President Scotland [ ScotC ] Â Appollo Engineering Ltd, Re Liquidation of [2002] ScotCS 302 26 Nov 2002 SCS Scotland [ Bailii ] Â Duncan Donald Mcgruther, Ca Liquidator of Appollo Engineering Ltd (Liq) for an Order Sisting Proceedings In the Winding Up 26 Nov 2002 OHCS Lady Smith Scotland [ ScotC ] Â Hampson and others v Her Majesty's Advocate [2002] ScotHC 326 28 Nov 2002 HCJ Scotland, Crime [ Bailii ] Â Regina v HM Advocate and The Advocate General for Scotland Times, 06 December 2002; [2002] UKPC D3; [2003] 2 WLR 317; 2003 SCCR 19; [2004] 1 AC 462; 2002 GWD 39-1280; 2003 SC (PC) 21; [2003] UKHRR 1; 2003 SLT 4 28 Nov 2002 PC Steyn, Hope of Craighead, Clyde, Rodger of Earlsferry, Walker of Gestingthorpe LL Criminal Practice, Scotland, Human Rights (The High Court of Justiciary) The prosecution had accepted that the matter had been the subject of unreasonable delay, but wished to continue. The defendant sought a plea in bar, on the basis that continuing would infringe his rights. Held: Once it was accepted that the delay took the prosecution outside the defendant's right to a fair trial within a reasonable time, the prosecution must fail. Section 57 simply came into effect. The reasonable time provisions of the convention must be applied throughout the proceedings until they were determined. The Scottish system had accepted rigorous time limits, and they must be applied. This case would reinforce the need for compliance. Scotland Act 1998 57(2) - European Convention on Human Rights 6.1 - Human Rights Act 1998 1 Cites 1 Citers [ PC ] - [ Bailii ] Â Skanska Construction UK Ltd v the Erdc Group Ltd John Hunter [2002] ScotCS 307 28 Nov 2002 OHCS Lady Paton Scotland [ ScotC ] - [ Bailii ] Â Stevenson v East Dunbartonshire Council [2002] ScotCS 306; 2003 SLT 97 29 Nov 2002 OHCS Lord Bonomy Scotland, Personal Injury 1 Cites 1 Citers [ ScotC ] - [ Bailii ] Â Mutasa, Re [2002] ScotCS 303 29 Nov 2002 SCS Scotland [ Bailii ] Â Rooney v Rae [2002] ScotCS 305 29 Nov 2002 SCS heriff Principal C.G.B. Nicholson Scotland [ ScotC ] - [ Bailii ] Â Sainsbury's Supermarkets v The National Appeal Panel for Entry To the Pharmaceutical Lists for Judicial Review 29 Nov 2002 OHCS Lord Carloway Scotland [ ScotC ] Â Sainsbury's Supermarkets, Re [2002] ScotCS 304 29 Nov 2002 SCS Scotland, Planning [ Bailii ] Â Gillespie v Her Majesty's Advocate [2002] ScotHC 325 29 Nov 2002 HCJ Scotland, Crime [ Bailii ] Â Mcinnes v Her Majesty's Advocate [2002] ScotHC 328 2 Dec 2002 HCJ Scotland, Crime [ Bailii ] Â Goldie and others v Her Majesty's Advocate [2002] ScotHC 327 2 Dec 2002 HCJ Scotland, Crime [ Bailii ] Â Dunn v Her Majesty's Advocate [2002] ScotHC 329 2 Dec 2002 HCJ Lord Kirkwood And Lord Justice Clerk And Lord Osborne Scotland, Crime [ Bailii ] - [ ScotC ] Â Raymond Goldie Bruce Munro Michael John Bryson Christopher Hamilton Terence Patrick Nicholas v Her Majesty's Advocate 2 Dec 2002 HCJ Lord Justice Clerk And Lord Kirkwood And Lord Osborne Scotland, Crime [ ScotC ] Â Douglas Jackson v Clydesdale Bank Plc and others 3 Dec 2002 OHCS Lord Eassie Scotland [ ScotC ] Â Jackson v Clkydesdale Bank Plc and others [2002] ScotCS 308 3 Dec 2002 SCS Scotland [ Bailii ] Â Bibby Factors Scotland v Brady [2002] ScotSC 213 4 Dec 2002 ScSf Sheriff Principal E.F. Bowen Scotland [ Bailii ] Â SS v Advocate General Scotland [2002] ScotCS 311 5 Dec 2002 SCS Lord Bonomy Scotland [ ScotC ] - [ Bailii ] Â Jones v Her Majesty's Advocate [2002] ScotHC 330 5 Dec 2002 HCJ Lord Cameron Of Lochbroom And Lord Marnoch And Lord Justice General Scotland, Crime [ Bailii ] - [ ScotC ] Â Robertson v Anderson Times, 02 January 2003; [2002] ScotCS 312 5 Dec 2002 IHCS Lord MacLean, Kord Reed, Lord Weir Contract, Human Rights, Scotland The parties had agreed to share any winnings from their Bingo activities. One sought to reject the contract as an unenforceable gaming contract. Held: It had been suggested that there had been no intention to create legally binding obligations. A promise given in purely social circumstances might not normally be found to be intended to create a legally binding contract, but it was necessary to look at the actual intentions of the parties, and such an intention might be inferred. It could be inferred here. As to gaming contracts, neither party was betting with the other. The contract related to gaming but was not itself a gaming contract. 1 Cites [ ScotC ] - [ Bailii ] Â Chapman v Money Wise (Scotland) Limited [2002] ScotSC 210; [2002] ScotSC 212 5 Dec 2002 ScSf Sheriff Principal Sir Stephen S.T. Young Scotland [ ScotC ] - [ Bailii ] - [ Bailii ] Â Scott v Thomson and Another [2002] ScotCS 309 6 Dec 2002 SCS Scotland [ Bailii ] Â Petition of Scottish Secondary Teachers' Association for Judicial Review of A Decision of the North Lanarkshire Council Joint Negotiating Committee [2002] ScotCS 310 6 Dec 2002 OHCS Lord Nimmo Smith Scotland [ ScotC ] - [ Bailii ] Â Walker v Her Majesty's Advocate [2002] ScotHC 332 6 Dec 2002 HCJ Scotland, Crime [ Bailii ] Â Jessie Scott (Ap) v Colin Thomson Florence Thomson 6 Dec 2002 IHCS Lord Osborne and Lord Hamilton and Lord McCluskey Scotland [ ScotC ] Â Dr Margaret King v Eric Negro 10 Dec 2002 OHCS Lord Clarke Scotland [ ScotC ] Â Robbie the Pict v Her Majesty's Advocate [2002] ScotHC 333 10 Dec 2002 HCJ Scotland, Crime [ Bailii ] Â Anthony Jon Taylor v Dumfries and Galloway Citizens Advice Services EAT/554/01; EATS/0021/02; [2002] UKEAT 554 - 01 - 1709 10 Dec 2002 EAT The Honourable Lord Johnston Employment, Discrimination, Scotland EAT Procedural Issues - Employment Tribunal - Disability Discrimination - Compensation. EAT Disability Discrimination - Compensation 1 Cites [ Bailii ] - [ EATn ] - [ EATn ] Â King v Negro [2002] ScotCS 313 10 Dec 2002 SCS Scotland [ Bailii ] Â Tease v Galloway, [2002] ScotCS 315 12 Dec 2002 SCS Scotland [ Bailii ] Â Jean Elliot Bain Tease Or Galloway (Ap) v John Scott Galloway 12 Dec 2002 OHCS T.G. Coutts, Q.C. Scotland [ ScotC ] Â Wylie v Aitken and others [2002] ScotCS 314 12 Dec 2002 SCS Scotland [ Bailii ] Â Tease v Galloway [2002] ScotCS 315 12 Dec 2002 SCS Scotland [ Bailii ] Â Wylie v Messrs Jeffrey Aitken and others [2002] ScotCS 314 12 Dec 2002 OHCS T.G. Coutts, Q.C. Scotland [ ScotC ] - [ Bailii ] Â Robina King and Co v Global Marine (UK) Ltd and Co [2002] ScotCS 316 13 Dec 2002 IHCS Lord Caplan and Lord Johnston and Lord Justice Clerk Scotland [ ScotC ] - [ Bailii ] Â A Kelly Limited v Capital Bank Limited [2002] ScotCS 317 13 Dec 2002 OHCS Lord Carloway Scotland [ ScotC ] - [ Bailii ] Â David Walker v S C 13 Dec 2002 IHCS Lord McCluskey and Lord President and Lord Philip Scotland [ ScotC ] Â Morag Shearer Or Mcbain v Andrew Jenkins Mcbain and Another 13 Dec 2002 IHCS Lord Kirkwood and Lord Marnoch and Lord Nimmo Smith Scotland [ ScotC ] Â Alan Gracie v Her Majesty's Advocate 17 Dec 2002 IHCS Lord Cameron of Lochbroom and Lord Marnoch and Lord Justice General Scotland [ ScotC ] Â Gracie v Her Majesty's Advocate [2002] ScotHC 336 17 Dec 2002 HCJ Scotland, Crime [ Bailii ] Â Abdul Massih for Judicial Review of A Decision of the Immigration Appeal Tribunal 17 Dec 2002 OHCS Lord Johnston Scotland [ ScotC ] Â Ballast Plc v The Burrell Company (Construction Management) Limited for Judicial Review [2002] ScotCS 324 17 Dec 2002 IHCS Lord Johnston and Lord President and Lord Weir Scotland [ ScotC ] - [ Bailii ] Â A v B 17 Dec 2002 OHCS Lord Drummond Young Scotland [ ScotC ] Â Taplin v Fife Council [2002] ScotCS 319; 2003 SLT 653 17 Dec 2002 OHCS Lord Philip Scotland, Personal Injury 1 Citers [ ScotC ] - [ Bailii ] Â Oldcorn v Purdon and Another [2002] ScotCS 320 17 Dec 2002 SCS Scotland [ Bailii ] Â Massih, Re [2002] ScotCS 323 17 Dec 2002 SCS Scotland [ Bailii ] Â A v B [2002] ScotCS 325 17 Dec 2002 SCS Scotland [ Bailii ] Â H J L v Her Majesty's Advocate 18 Dec 2002 HCJ Lord Hamilton And Lord Justice Clerk And Lord Maclean Scotland, Crime [ ScotC ] Â Drummond v Her Majesty's Advocate [2002] ScotHC 337 18 Dec 2002 HCJ Scotland, Crime [ Bailii ] Â South Ayrshire Council v Milligan [2002] ScotCS 322 20 Dec 2002 SCS Lord Justice Clerk and Lord Caplan and Lord MacLean Scotland [ ScotC ] - [ Bailii ] Â Re Russell [2002] ScotCS 321 20 Dec 2002 SCS Lord Eassie Scotland [ ScotC ] - [ Bailii ] Â Barratt International Resorts Ltd v Barratt Owner's Group [2002] ScotCS 318 20 Dec 2002 SCS Lord Wheatley Scotland Outer House [ ScotC ] - [ Bailii ] Â Hamilton v Procurator Fiscal [2002] ScotHC 334 20 Dec 2002 HCJ Lord Cameron of Lochbroom And Lord Hamilton And Lord Reed Scotland, Crime [ Bailii ] - [ ScotC ] Â McMillan v Procurator Fiscal [2002] ScotHC 335 20 Dec 2002 HCJ Lord Hamilton And Lord Cameron Of Lochbroom And Lord Reed Scotland, Crime [ Bailii ] - [ ScotC ] Â Paul Graham (Ap) v Sky In-Home Service Ltd 24 Dec 2002 OHCS Lord Bonomy Scotland [ ScotC ] Â Drummond v Her Majesty's Advocate [2002] ScotHC 338 24 Dec 2002 HCJ Scotland, Crime [ Bailii ] Â Graham v Sky In-Home Service Ltd [2002] ScotCS 328 24 Dec 2002 SCS Scotland [ Bailii ] Â Gerald Ian Rankin, C A Liquidator of Scotatlas Limited for Discharge As Provisional Liquidator 24 Dec 2002 OHCS Lord Nimmo Smith Scotland [ ScotC ] Â Scotatlas Ltd, Re Discharge of Provisional Liquidator [2002] ScotCS 327 24 Dec 2002 SCS Scotland [ Bailii ] Â Zangana v Secretary State Home Department [2002] ScotCS 326 24 Dec 2002 SCS Scotland [ Bailii ] Â Jaza Zangana v for the Secretary of State for the Home Department 24 Dec 2002 OHCS Lord Carloway Scotland [ ScotC ] Â N W Orr, Procurator Fiscal, Dundee v K 30 Dec 2002 ScSf Sheriff F.R. Crowe Scotland, Crime [ ScotC ] Â
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