

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: 2003 To: 2003 This page lists 568 cases, and was prepared on 20 May 2019. Â TCS Holdings Ltd v Ashtead Plant Hire Company Ltd and others [2003] ScotCS 1 8 Jan 2003 SCS Scotland [ Bailii ] Â Margaret Allan Tait v Fiona Campbell 8 Jan 2003 IHCS Lord Bonomy and Lord Johnston and Lord Marnoch Scotland [ ScotC ] Â TCS Holdings Limited v Ashtead Plant Hire Company Limited and others 8 Jan 2003 OHCS T.G. Coutts, Q.C. Scotland [ ScotC ] Â Hardey V. Russel and Another [2003] ScotCS CSOH - 2 9 Jan 2003 SCS Scotland [ Bailii ] Â Wilson v Her Majesty's Advocate [2003] ScotHC 24 9 Jan 2003 HCJ Crime, Scotland [ Bailii ] Â John Hardey v Russel and Aitken and Another [2003] Scot 2 9 Jan 2003 OHCS Lord Johnston Scotland [ ScotC ] - [ Bailii ] Â Tayside Health Board v Lesley Barrie [2003] ScotCS 3 10 Jan 2003 OHCS Lord Abernethy Scotland [ ScotC ] - [ Bailii ] Â Mary Vance Armstrong v Robert Lindsay Forbes 10 Jan 2003 OHCS Lord Drummond Young Scotland [ ScotC ] Â Hart Builders (Edinburgh) Limited v St Andrew Ltd 10 Jan 2003 ScSf Sheriff Principal I.D. Macphail, Q.C. Scotland [ ScotC ] Â Her Majesty's Secretary of State for Trade and Industry v John Grant Stephen 10 Jan 2003 ScSf Sheriff Principal I.D. Macphail, Q.C. Scotland [ ScotC ] Â Samson v Fielding [2003] ScotSC 13 10 Jan 2003 ScSf Sheriff Principal I.D. Macphail, Q.C. Scotland [ ScotC ] - [ Bailii ] Â Secretary State Trade Industry v Stephen [2003] ScotSC 12 10 Jan 2003 ScSf Scotland [ Bailii ] Â Hart Builders (Edinburgh) v St Andrew Ltd [2003] ScotSC 14 10 Jan 2003 ScSf Scotland [ Bailii ] Â Armstrong v Forbes, [2003] ScotCS 4 10 Jan 2003 SCS Scotland [ Bailii ] Â Wilson and Another v Inverness Retail Business Park Ltd and Another [2003] ScotCS 6 15 Jan 2003 SCS Scotland [ Bailii ] Â Cook v Her Majesty's Advocate [2003] ScotSC 1 15 Jan 2003 ScSf Sheriff AL Stewart Crime, Scotland [ ScotC ] - [ Bailii ] Â Douglas Cook v Her Majesty's Advocate 15 Jan 2003 ScSf Sheriff A.L. Stewart Scotland Â Dass v Her Majesty's Advocate [2003] ScotHC 25 16 Jan 2003 HCJ Crime, Scotland [ Bailii ] Â James Mcdonald v Driver and Vehicle Licensing Agency 16 Jan 2003 IHCS Lord Carloway and Lord Osborne and Lord Hamilton Scotland [ ScotC ] Â East Dunbartonshire Council v Scottish Ministers and others [2003] ScotCS 8 17 Jan 2003 SCS Scotland [ Bailii ] Â East Dunbartonshire Council v The Scottish Ministers and others 17 Jan 2003 IHCS Lord Cameron of Lochbroom and Lord Kirkwood and Lord McCluskey Scotland [ ScotC ] Â CWA v Her Majesty's Advocate [2003] ScotHC 26 17 Jan 2003 HCJ Crime, Criminal Sentencing, Scotland [ Bailii ] Â Euro Pools Plc v Clydeside Steel Fabrications Limited 17 Jan 2003 OHCS Lord Drummond Young Scotland [ ScotC ] Â Euro Pools Plc v Clydeside Steel Fabrications [2003] ScotCS 7 17 Jan 2003 SCS Scotland [ Bailii ] Â Dundee City Council v J W [2003] ScotSC 3 20 Jan 2003 ScSf Scotland [ Bailii ] Â Dundee City Council v J E for Freeing for Adoption 20 Jan 2003 ScSf Sheriff I.D. Dunbar Scotland, Adoption [ ScotC ] Â Pollock v Thomson, [2003] ScotCS 10 21 Jan 2003 SCS Scotland [ Bailii ] Â Scottish Water v Clydecare Ltd [2003] ScotCS 9 21 Jan 2003 SCS Scotland [ Bailii ] Â Scottish Water v Clydecare [2003] ScotCS 73 21 Jan 2003 SCS Scotland [ Bailii ] Â Eriden Properties, Re [2003] ScotCS 11 21 Jan 2003 SCS Scotland [ Bailii ] Â Eriden Properties for Judicial Review 21 Jan 2003 OHCS Lord McEwan Scotland [ ScotC ] Â Scottish Water v Clydecare Limited 21 Jan 2003 IHCS Lord Osborne and Lord Macfadyen and Lord Sutherland Scotland [ ScotC ] Â Martha Pollock v Robert Thomson 21 Jan 2003 OHCS Lord Wheatley Scotland [ ScotC ] Â Petition of Abbasi for Judicial Review [2003] ScotCS 13 22 Jan 2003 OHCS Lord Wheatley Scotland [ Bailii ] Â Rhuairidh Mackenzie (Ap) v Perth and Kinross Council and others [2003] ScotCS 12 22 Jan 2003 OHCS Lord Carloway Scotland [ ScotC ] - [ Bailii ] Â Boland Construction Ltd v Her Majesty's Advocate [2003] ScotHC 1 22 Jan 2003 HCJ Scotland, Crime [ Bailii ] Â Weir, Re [2003] ScotSC 4 23 Jan 2003 ScSf Scotland [ Bailii ] Â Procurator Fiscal v Clark [2003] ScotHC 2 23 Jan 2003 HCJ Scotland, Crime [ Bailii ] Â Sharman Weir (Inquiry Into the Death of Sharman Weir) 23 Jan 2003 ScSf Sheriff F.L. Reith Scotland, Coroners The deceased died after complications in her pregnancy. Held: The cause of death was (1)(a) intracerebral haemorrhage, (1)(b) severe hypertension, (2)(a) hepatic necrosis, (2)(b) HELLP syndrome (haematological diagnosis), and (3) pre-eclampsia. The court made recommendations for the future care of such patients in hospital. Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 1 Cites [ ScotC ] Â Norman Robert Davidson Doreen Convy and Moira Tonauer Mrs Isobel Lindsay Harry Ronald Peel Doris Alice Jack John Simmonte Joanie A Sim 24 Jan 2003 IHCS Lord Marnoch and Lord Macfadyen and Lord President Scotland [ ScotC ] Â Labinski Ltd v Bp Oil Development and others [2003] ScotCS 15 24 Jan 2003 SCS Scotland [ Bailii ] Â Alan Connelly v Norwich Union Healthcare Limited 24 Jan 2003 OHCS T.G. Coutts, Q.C. Scotland [ ScotC ] Â Labinski Limited v Bp Oil Development and others 24 Jan 2003 IHCS Lord Bonomy and Lord Johnston and Lord Marnoch Scotland [ ScotC ] Â Connelly v Norwich Union Healthcare [2003] ScotCS 16 24 Jan 2003 SCS Scotland [ Bailii ] Â Davidson and others v [2003] ScotCS 14 24 Jan 2003 SCS Scotland [ Bailii ] Â Eric William Hawthorn Cordiner v Sandra Margaret McConnachie Or Cordiner [2003] ScotSC 30 27 Jan 2003 ScSf Sheriff Principal Sir Stephen S.T. Young Scotland [ ScotC ] - [ Bailii ] Â Morrison v James Scott Ltd and Co [2003] ScotCS 17 28 Jan 2003 SCS Scotland [ Bailii ] Â Semple Cochrane Plc v Clark [2000] ScotCS 19 28 Jan 2003 SCS Scotland [ Bailii ] Â Semple Cochrane Plc v Dr Thomas Andrew Clark 28 Jan 2003 OHCS M.G. Thomson, Q.C. Scotland [ ScotC ] Â Frank Morrison v James Scott Ltd and Co 28 Jan 2003 OHCS Lord Dawson Scotland [ ScotC ] Â David McClelland v Stuart Building Services [2003] ScotCS 18 28 Jan 2003 OHCS TG Coutts QC Scotland 1 Citers [ ScotC ] - [ Bailii ] Â Aslam Mohammed Ali v Lorna Jane Andrew Or Ali for Suspension and Interdict 29 Jan 2003 IHCS Lord Cameron of Lochbroom and Lord Kirkwood and Lord McCluskey Scotland [ ScotC ] Â Wiltshier Construction (Scotland) Ltd v Drumchapel Housing Co-Operative Ltd [2003] ScotCS 21 29 Jan 2003 SCS Scotland [ Bailii ] Â Wiltshier Construction (Scotland) Limited v Drumchapel Housing Co-Operative Ltd 29 Jan 2003 IHCS Lord Macfadyen and Lord Marnoch and Lord President Scotland [ ScotC ] Â Ali v Andrew [2003] ScotCS 20; 2003 SLT 641 29 Jan 2003 SCS Scotland 1 Cites 1 Citers [ Bailii ] Â Dunn v Ovalcode Ltd T/A UKR EATS/0033/02; [2003] UKEAT 0033 - 02 - 2901 29 Jan 2003 EAT The Honourable Lord Johnston Employment, Scotland EAT Unfair Dismissal - Reason for dismissal including substantial other reason. [ Bailii ] - [ EAT ] Â Dawson (Aka Mcgrath) v Her Majesty's Advocate [2003] ScotHC 3 30 Jan 2003 HCJ Scotland, Crime [ Bailii ] Â Fulton, Re Death of [2003] ScotSC 5 31 Jan 2003 ScSf Scotland, Coroners [ Bailii ] Â Dunn v Frank Carlin and John Whalley 31 Jan 2003 IHCS Lord President and Lord Philip and Lord McCluskey Scotland [ ScotC ] Â Dunn v Carlin and Another [2003] ScotCS 24 31 Jan 2003 SCS Scotland [ Bailii ] Â Matchurban v City of Glasgow Council and Another [2003] ScotSC 24 31 Jan 2003 ScSf Scotland [ Bailii ] Â Glasgow City Council v Caststop Limited [2003] ScotCS 25 31 Jan 2003 IHCS Lord Kirkwood and Lord Nimmo Smith and Lord Weir Scotland [ ScotC ] - [ Bailii ] Â Matchurban v City of Glasgow Council, Randall Mitchell 31 Jan 2003 ScSf Sheriff I. Miller Scotland [ ScotC ] Â Jacqueline Collins v First Quench Retailing Ltd [2003] ScotCS 23 31 Jan 2003 OHCS Lord Carloway Scotland [ ScotC ] - [ Bailii ] Â Hilda Jean Ferguson v David Herd 4 Feb 2003 ScSf Sheriff Principal Sir Stephen S.T. Young Scotland [ ScotC ] Â Ferguson v Herd [2003] ScotSC 6 4 Feb 2003 ScSf Scotland [ Bailii ] Â Ferguson v Herd [2003] ScotSC 27 4 Feb 2003 ScSf Scotland [ Bailii ] Â Tthe Highland Council Against an Order and Judgment of the Employment Appeal Tribunal In the Application at the Instance of Robert Pender 5 Feb 2003 SCS Lord Caplan and Lord Kirkwood and Lord Marnoch Employment, Scotland [ ScotC ] Â Haney and others v Her Majesty's Advocate [2003] ScotHC 23 (05 February 5 Feb 2003 HCJ Crime, Scotland [ Bailii ] Â Lisa Murray v Lanarkshire Acute Hospitals NHS Trust [2003] ScotCS 26 5 Feb 2003 OHCS Lord Wheatley Scotland [ ScotC ] - [ Bailii ] Â J S v S S [2003] ScotCS 28 6 Feb 2003 SCS Scotland [ Bailii ] Â JS v SS for an Order Under the Child Abduction and Custody Act 1975 6 Feb 2003 OHCS Lord Clarke Scotland, Children Child Abduction and Custody Act 1975 [ ScotC ] Â Peace v Her Majesty's Advocate [2003] ScotHC 4 6 Feb 2003 HCJ Scotland, Crime [ Bailii ] Â Ahmad Noor Ali (Otherwise Known As Mohammed Yussef Karimi) v The Secretary of State for the Home Department for Judicial Review [2003] ScotCS 27 6 Feb 2003 OHCS Lady Cosgrove Scotland [ Bailii ] Â Haney and others v Her Majesty's Advocate [2003] ScotHC 22 6 Feb 2003 HCJ Crime, Scotland [ Bailii ] Â Â Dudley v Her Majesty's Advocate; HCJ 7-Feb-2003 - [2003] ScotHC 5 Â Jeffrey Robson v Glasgow City Council [2003] ScotCS 29 7 Feb 2003 OHCS Lord Menzies Scotland [ ScotC ] - [ Bailii ] Â Bovill v Her Majesty's Advocate [2003] ScotHC 6 11 Feb 2003 HCJ Scotland, Crime [ Bailii ] Â Phoenix Consultancy (Scotland) Ltd v Royal Bank Scotland Plc [2003] ScotCS 30 11 Feb 2003 SCS Scotland [ Bailii ] Â William Robertson and others v Robert Parkinson Cameron and others [2003] ScotCS 31 11 Feb 2003 OHCS Lord Reed Scotland [ ScotC ] - [ Bailii ] Â Kw v Dw [2003] ScotCS 112 12 Feb 2003 SCS Scotland [ Bailii ] Â K W v D W 12 Feb 2003 SCS Lord Brodie Scotland [ ScotC ] Â Petition of Debrajit Saha for Judicial Review 13 Feb 2003 OHCS Lord Emslie Scotland [ ScotC ] Â Saha, Re Petition for Judicial Review [2003] ScotCS 32 13 Feb 2003 SCS Scotland [ Bailii ] Â Martin Frost Andrew Macnamara v Alexander Stone and Company 14 Feb 2003 SCS Lord Bracadale Scotland [ ScotC ] Â Charles Sidney James Harris (Ap) v Robert Robertson Douglas and others [2003] ScotCS 33 14 Feb 2003 OHCS Lady Paton Scotland [ ScotC ] - [ Bailii ] Â Frost and Another v Alexander Stone Company [2003] ScotCS 57 14 Feb 2003 SCS Scotland [ Bailii ] Â Patriciya Don Payalage vThe Secretary of State for the Home Department, Petition for Judicial Review [2003] ScotCS 35 18 Feb 2003 OHCS Lord Carloway Scotland [ ScotC ] - [ Bailii ] Â Macpherson v City Edinburgh Council and others [2003] ScotCS 36 18 Feb 2003 SCS Scotland [ Bailii ] Â Falconer v Edinburgh City Transport Longstone Social Club [2003] ScotCS 34 18 Feb 2003 OHCS TG Coutts QC Scotland [ ScotC ] - [ Bailii ] Â Gordon MacPherson v City of Edinburgh Council Vodafone UK Ltd for Judicial Review 18 Feb 2003 OHCS Lord Carloway Scotland [ ScotC ] Â Sietech Hearing Limited v Russell Borland James Eley Digital Hearing (Uk) Limited [2003] ScotCS 37 19 Feb 2003 SCS Lord Macfadyen Scotland [ Bailii ] - [ ScotC ] Â Aberdyke Limited v Ronald Gall Trading As Donside Turkeys 20 Feb 2003 SCS Lord Marnoch and Lord President and Lord Nimmo Smith Scotland [ ScotC ] Â Sinder v Her Majesty's Advocate, [2003] ScotHC 9 20 Feb 2003 HCJ Scotland, Crime [ Bailii ] Â McGuinness v Glasgow City Council [2003] ScotCS 45 20 Feb 2003 SCS Scotland [ Bailii ] Â Andrew Wilson and others v Inverclyde Council 20 Feb 2003 SCS Lord Osborne and Lord Coulsfield and Lord Drummond Young Scotland [ ScotC ] Â University Court of the University of Glasgow v Commissioners of Customs and Excise Against A Decision of the Edinburgh Vat and Duties Tribunal [2003] ScotCS 38 20 Feb 2003 IHCS Lord Hamilton and Lord Marnoch and Lord President Scotland, VAT [ Bailii ] - [ ScotC ] Â Mrs Anna Mcguinness v Glasgow City Council 20 Feb 2003 SCS T.G. Coutts, Q.C. Scotland [ ScotC ] Â Aberdyke V. Gall (T/A Donside Turkeys) [2003] ScotCS CSIH - 39 20 Feb 2003 SCS Scotland [ Bailii ] Â Wilson and others v Inverclyde Council, [2003] ScotCS 46 20 Feb 2003 SCS Scotland [ Bailii ] Â Aberdyke v Gall (T/A Donside Turkeys) [2003] Scot 39 20 Feb 2003 SCS Scotland [ Bailii ] Â The Miller Group Limited v Park's of Hamilton (Holdings) Limited 21 Feb 2003 SCS Lord Mackay of Drumadoon Scotland [ ScotC ] Â Petition of George Lang Barrowman for Directions [2003] ScotCS 40 21 Feb 2003 SCS Lord Hamilton and Lord MacLean and Lord Reed Scotland [ Bailii ] - [ ScotC ] Â Miller Group v Park's Hamilton (Holdings) [2003] ScotCS 43 21 Feb 2003 SCS Scotland [ Bailii ] Â Centre Maritime Industrial Safety Technology v Crute, [2003] ScotCS 44 21 Feb 2003 SCS Scotland [ Bailii ] Â Petition of Didarul Islam for Judicial Review 21 Feb 2003 SCS Lord Drummond Young Scotland [ ScotC ] Â Petition of Dr Zakiriyya Hady for Judicial Review 21 Feb 2003 SCS Lord McEwan Scotland [ ScotC ] Â Islam, Re Judicial Review [2003] ScotCS 41 21 Feb 2003 SCS Scotland [ Bailii ] Â Hady, Re Judicial Review [2003] ScotCS 42 21 Feb 2003 SCS Scotland [ Bailii ] Â the Centre for Maritime and Industrial Safety Technology Limited v Clive Crute 21 Feb 2003 SCS Lord Mackay of Drumadoon Scotland [ ScotC ] Â William Purves v Joydisk Limited 25 Feb 2003 ScSf Sheriff Principal I.D. Macphail, Q.C. Scotland [ ScotC ] Â Canmore Housing Association Ltd v Scott [2003] ScotSC 15 25 Feb 2003 ScSf Scotland [ Bailii ] Â Canmore Housing Association Ltd v Sharmaine Scott 25 Feb 2003 ScSf Sheriff Principal I.D. Macphail, Q.C. Scotland [ ScotC ] Â Mcteer and others v Her Majesty's Advocate [2003] ScotHC 11 25 Feb 2003 HCJ Scotland, Crime [ Bailii ] Â Purves v Joydisk Ltd [2003] ScotSC 16 25 Feb 2003 ScSf Scotland [ Bailii ] Â Peace, Re Decision Disciplinary Committee General Teaching Council Scotland [2003] ScotCS 47 25 Feb 2003 SCS Scotland [ Bailii ] Â Cruickshank Or Zakeri Dehvasati v Hossein, Dehvasati [2003] ScotSC 32; [2003] ScotSC 7 25 Feb 2003 ScSf Sheriff Principal Sir Stephen S.T. Young Scotland 1 Citers [ ScotC ] - [ Bailii ] - [ Bailii ] Â Mcdonald v Her Majesty's Advocate [2003] ScotHC 10 25 Feb 2003 HCJ Scotland, Crime [ Bailii ] Â Mcdougall v Spiers (T/A Duncan Removals) [2003] ScotCS 59 25 Feb 2003 SCS Scotland [ Bailii ] Â William Hill (Caledonian) Ltd v City Glasgow Licensing Board and Another [2003] ScotCS 48 25 Feb 2003 SCS Scotland [ Bailii ] Â Peter Peace v A Decision of the Disciplinary Committee of the General Teaching Council for Scotland 25 Feb 2003 SCS Lord Marnoch Scotland [ ScotC ] Â Â Stolt Offshore Ltd v Fraser; EAT 26-Feb-2003 - EATS/0041/02; [2003] UKEAT 0041 - 02 - 2602 Â Lothian and Borders Police Board, Re Petition for Judicial Review [2003] ScotCS 51 26 Feb 2003 SCS Lord Drummond Young Scotland [ Bailii ] - [ ScotC ] Â Keen v Tayside Contracts Times, 27 March 2003; [2003] ScotCS 55 26 Feb 2003 OHCS Lady Paton Scotland, Personal Injury, Damages The claimant sought damages for post traumatic stress disorder. He was a road worker instructed to attend by the defendant immediately after a terrible accident. Held: It was a classic case of nervous shock. He was not a rescuer, and nor had he faced any personal danger, nor been physically injured. The range of people who might claim as secondary victims had been extended, but not yet this far. The concept of secondary victim focussed on the way the injury occurred, not how it was caused or by whom. 1 Cites [ Bailii ] - [ ScotC ] Â Alan Marshall (T/A Marshall Associates) v Colin Slinn 27 Feb 2003 SCS Lord Justice Clerk and Lord Kingarth and Lord Philip Scotland [ ScotC ] Â Colin Mclean Sinclair v Assessor for Lothian 27 Feb 2003 SCS Lord Justice Clerk and Lord Kingarth and Lord Philip Scotland [ ScotC ] Â Marshall (T/A Marshall Associates) v Slinn [2003] ScotCS 74 27 Feb 2003 SCS Scotland [ Bailii ] Â Belhaven Brewery Group Plc v Glasgow City Assessor 27 Feb 2003 SCS Lord Justice Clerk and Lord Kingarth and Lord Philip Scotland [ ScotC ] Â Belhaven Brewery Group Plc v Glasgow City Assessor [2003] ScotCS 52 27 Feb 2003 SCS Scotland [ Bailii ] Â J D Wetherspoon Plc v Lothian Regional Assessor [2003] ScotCS 50 27 Feb 2003 SCS Scotland [ Bailii ] Â J D Wetherspoon Plc v Lothian Regional Assessor 27 Feb 2003 SCS Lord Justice Clerk and Lord Philip and Lord Kingarth Scotland [ ScotC ] Â V Adamson v Renfrewshire Council EATS/0044/02 27 Feb 2003 EAT The Honourable Lord Johnston Employment, Scotland EAT Procedural Issues - Employment Tribunal Â Sinclair v Assessor Lothian [2003] ScotCS 53 27 Feb 2003 SCS Scotland [ Bailii ] Â Shirley Jane Mckie v John Orr 28 Feb 2003 SCS Lord Kirkwood and Lord Caplan and Lord Marnoch Scotland [ ScotC ] Â Unterschutz v Her Majesty's Advocate [2003] ScotHC 27 28 Feb 2003 HCJ Crime, Scotland [ Bailii ] Â Mckie v Orr [2003] ScotCS 54 28 Feb 2003 SCS Scotland [ Bailii ] Â Buchan v Ogg [2003] ScotSC 8 3 Mar 2003 ScSf Scotland [ Bailii ] Â Buchan v Ogg [2003] ScotSC 29 3 Mar 2003 ScSf Scotland [ Bailii ] Â Forbes Grant Walker v Tidewater Cyprus Limited 3 Mar 2003 ScSf Sheriff Principal Sir Stephen S.T. Young Scotland [ ScotC ] Â Barbara Buchan Or Ogg v Charles Niven Ogg 3 Mar 2003 ScSf Sheriff Principal Sir Stephen S.T. Young Scotland [ ScotC ] Â Vaughan Engineering v Hinkins and Frewin [2003] ScotCS 56 3 Mar 2003 SCS Scotland [ Bailii ] Â Walker v Tidewater Cyprus Ltd [2003] ScotSC 25 3 Mar 2003 ScSf Scotland [ Bailii ] Â Newman Shopfitters Limited v M J Gleeson Group Plc [2003] ScotSC 17 4 Mar 2003 ScSf Sheriff Principal I.D. Macphail, Q.C. Scotland [ ScotC ] - [ Bailii ] Â Procurator Fiscal v Mcadam and others [2003] ScotSC 11 6 Mar 2003 ScSf Scotland [ Bailii ] Â Procurator Fiscal v Mcadam and others [2003] ScotSC 45 6 Mar 2003 ScSf Scotland [ Bailii ] Â Hands v R and J A Maccallum and others [2003] ScotCS 60 7 Mar 2003 SCS Scotland [ Bailii ] Â Delaney v Mcgregor Construction (Highlands) [2003] ScotCS 61 7 Mar 2003 SCS Scotland [ Bailii ] Â Maughland, Re Determination Into the Death of [2003] ScotSC 10 10 Mar 2003 ScSf Sheriff I.D. Dunbar Scotland, Coroners [ ScotC ] - [ Bailii ] Â John Beattie v the Royal Bank of Scotland Plc [2003] ScotCS 75 11 Mar 2003 OHCS Lord Reed Scotland [ Bailii ] - [ ScotC ] Â Beattie v Royal Bank Scotland Plc [2003] ScotCS 63 11 Mar 2003 SCS Scotland [ Bailii ] Â Â Moohan v City of Glasgow Council; OHCS 11-Mar-2003 - [2003] ScotCS 58; 2003 SLT 745 Â Nicol v Advocate General Scotland and others [2003] ScotCS 65 11 Mar 2003 SCS Scotland [ Bailii ] Â Co-Operative Wholesale Society v Ravenseft Properties Ltd and Another [2003] ScotCS 62 11 Mar 2003 SCS Scotland [ Bailii ] Â ED's Parent Guardian v Argyll Clyde Acute Hospitals NHS Trust [2003] ScotCS 67 12 Mar 2003 SCS Lord Carloway Scotland [ Bailii ] - [ ScotC ] Â Glasgow City Council v Dh [2003] ScotSC 9 13 Mar 2003 ScSf Scotland [ Bailii ] Â Robbie the Pict v Her Majesty's Advocate [2003] ScotHC 12 13 Mar 2003 HCJ Scotland, Crime [ Bailii ] Â Glasgow City Council v Dh 13 Mar 2003 ScSf Sheriff Principal E.F. Bowen Scotland [ ScotC ] Â Muhammad Rafik Malik Against A Determination of the Immigration Appeal Tribunal Notified To the Appellant on 5 July 2001 13 Mar 2003 SCS Lady Cosgrove and Lord President and Lord Carloway Scotland, Immigration [ ScotC ] Â Malik, Re Determination of the Immigration Appeal Tribunal [2003] ScotCS 68 13 Mar 2003 SCS Scotland, Immigration [ Bailii ] Â Cannell v Scottish Ministers [2003] ScotCS 72 14 Mar 2003 SCS Scotland [ Bailii ] Â Masters v Whyte [2003] ScotSC 20 14 Mar 2003 ScSf Scotland [ Bailii ] Â Pw v Al [2003] ScotCS 70 14 Mar 2003 SCS Scotland [ Bailii ] Â Cannell v Scottish Ministers [2003] ScotCS 69 14 Mar 2003 SCS Scotland [ Bailii ] Â Masters v Whyte [2003] ScotSC 20 14 Mar 2003 ScSf Scotland [ Bailii ] Â Karen Furnival Or Stupart and others v J K Investments Limited and others [2003] ScotCS 71 14 Mar 2003 SCS TG Coutts QC Scotland [ Bailii ] - [ ScotC ] Â Weir v Kirk [2003] ScotSC 18 14 Mar 2003 ScSf Scotland [ Bailii ] Â P W v A W 14 Mar 2003 SCS Lord Drummond Young Scotland [ ScotC ] Â James David Cannell v Scottish Ministers for Judicial Review 14 Mar 2003 SCS Lord Marnoch and Lady Smith and Lord Macfadyen Scotland [ ScotC ] Â Fisher v Her Majesty's Advocate [2003] ScotHC 28 14 Mar 2003 HCJ Crime, Scotland [ Bailii ] Â Taggart Masters v Marisha K Whyte 14 Mar 2003 ScSf Sheriff Principal Sir Stephen S.T. Young Scotland [ ScotC ] Â Elizabeth Anne Weir Or Kirk v Robert Kirk 14 Mar 2003 ScSf Sheriff Principal I.D. Macphail, Q.C. Scotland [ ScotC ] Â Bell v Her Majesty's Advocate [2003] ScotHC 13 14 Mar 2003 HCJ Scotland, Crime [ Bailii ] Â Saira Hakeen (Ap) v Khalid Hussain 18 Mar 2003 SCS Lord Clarke Scotland [ ScotC ] Â Duff v Merrick Homes Ltd [2003] ScotCS 76 18 Mar 2003 SCS Scotland [ Bailii ] Â Kennedy v Her Majesty's Advocate [2003] ScotHC 21 18 Mar 2003 HCJ Crime, Scotland [ Bailii ] Â Hakeen v Hussain [2003] ScotCS 77 18 Mar 2003 SCS Scotland [ Bailii ] Â James Duff v Merrick Homes Limited 18 Mar 2003 SCS J. Gordon Reid, Q.C. Scotland [ ScotC ] Â Her Majesty's Advocate v Milligan 19 Mar 2003 ScSf Sheriff A.L. Stewart Scotland, Crime [ ScotC ] Â Her Majesty's Advocate v Milligan [2003] ScotSC 19 19 Mar 2003 ScSf Scotland [ Bailii ] Â Robert Nisbet v Sir John Orr North Lanarkshire Council 20 Mar 2003 SCS Lord Dawson and Lord Osborne and Lord Weir Scotland [ ScotC ] Â Anwar Hossein Radi for Judicial Review of A Decision of the Secretary of State for the Home Department 20 Mar 2003 SCS Lord Menzies Scotland [ ScotC ] Â Her Majesty's Advocate v Morren [2003] ScotHC 46 20 Mar 2003 HCJ Lord Justice General And Lord Maclean And Lord Osborne Crime, Scotland [ Bailii ] - [ ScotC ] Â Sullivan v Sullivan [2003] ScotCS 79 20 Mar 2003 SCS Scotland [ Bailii ] Â Nisbet v Orr and Another [2003] ScotCS 80 20 Mar 2003 SCS Scotland [ Bailii ] Â Radi, Re Judicial Review [2003] ScotCS 78 20 Mar 2003 SCS Scotland [ Bailii ] Â McDonald v Procurator Fiscal, Elgin Times, 17 April 2003 20 Mar 2003 HCJ Marnoch, Macfadyen, Caplan LL Scotland, Crime, Human Rights The defendant had been granted bail subject to conditions including a requirement that he must not leave his house for more than two hours a day. He complained that this infringed his Article 5 right to liberty. Held: The right to freedom was subject to the corollary permitting arrest and detention for good reason. The appellant had repeatedly failed to comply with earlier and less restrictive bail conditions. Article 5 was concerned with physical freedom (Guzzardi). It was difficult to draw a line between deprivation of liberty and restriction of it. A person was not detained unless something, usually physical, was done by an outside agency to ensure that he remained where he had been put. Telling someone to stay where he was put subject to punishment was not normally a detention, and was not in this case. European Convention on Human Rights 1 Cites Â Mcdonald v Procurator Fiscal [2003] ScotHC 14 20 Mar 2003 HCJ Scotland, Crime [ Bailii ] Â Khan v Secretary State Home Department [2003] ScotCS 81 21 Mar 2003 SCS Scotland [ Bailii ] Â Waris Khan v the Secretary of State for the Home Department 21 Mar 2003 SCS Lord Kingarth Scotland [ ScotC ] Â Archibald Fraser Finlayson v Robert White Turnbull and others [2003] ScotCS 82 21 Mar 2003 SCS Lord Emslie Scotland [ Bailii ] - [ ScotC ] Â Kris Forrest v Caroline Gourlay 21 Mar 2003 SCS T.G. Coutts, Q.C. Scotland [ ScotC ] Â Forrest v Gourlay [2003] ScotCS 83 21 Mar 2003 SCS Scotland [ Bailii ] Â Mitchell v Her Majesty's Advocate, [2003] ScotHC 49 25 Mar 2003 HCJ Crime, Scotland [ Bailii ] Â Lloyd v Riddell and Another [2003] ScotSC 21 25 Mar 2003 ScSf Scotland [ Bailii ] Â Hardie v Wales and Another [2003] ScotCS 85 25 Mar 2003 SCS Scotland [ Bailii ] Â Henry James Lloyd v Campbell Riddell Breeze Paterson 25 Mar 2003 ScSf Sheriff Principal E.F. Bowen Scotland [ ScotC ] Â Ian Smith Watson As Executor Nominate of the Late Ronald Joseph Harrison Cbe (Ap) v Student Loans Company Limited 25 Mar 2003 SCS Lady Cosgrove and Lord McCluskey and Lord President Scotland [ ScotC ] Â Ramsay William Holden v Fountain Forestry Limited [2003] ScotSC 26 25 Mar 2003 ScSf Sheriff Principal Sir Stephen S.T. Young Scotland [ ScotC ] - [ Bailii ] Â Lloyd v Riddell and Another [2003] ScotSC 21 25 Mar 2003 ScSf Scotland [ Bailii ] Â Watson v Student Loans Company [2003] ScotCS 84 25 Mar 2003 SCS Scotland [ Bailii ] Â Small v Fleming and Another [2003] ScotCS 86 27 Mar 2003 SCS Scotland [ Bailii ] Â Dandie, Re Petition To the Nobile Officium [2003] ScotHC 45 28 Mar 2003 HCJ Crime, Scotland [ Bailii ] Â Andrew Wilson v Scottish Enterprise Scottish Enterprise Renfrewshire 28 Mar 2003 SCS Lord Eassie Scotland [ ScotC ] Â Wilson v Scottish Enterprise and Another [2003] ScotCS 87 28 Mar 2003 SCS Scotland [ Bailii ] Â Macrobert v Smith [2003] ScotCS 89 28 Mar 2003 SCS Scotland [ Bailii ] Â Macrobert v Smith [2003] ScotCS 106 28 Mar 2003 SCS Scotland [ Bailii ] Â McCaffery (Ap) v Greater Glasgow Health Board [2003] ScotCS 88 28 Mar 2003 OHCS Lord Nimmo Smith Scotland [ Bailii ] - [ ScotC ] Â David Macrobert v Catherine Smith 28 Mar 2003 SCS Lord Nimmo Smith Scotland [ ScotC ] Â Hendrie v The Scottish Ministers 1 Apr 2003 SCS Lord Abernethy and Lady Cosgrove and Lord Marnoch Scotland [ ScotC ] Â Munro v M P B Structures Ltd [2003] ScotCS 90; Times, 24 April 2003 1 Apr 2003 IHCS Lord Cullen (Lord President), Lady Cosgrove, Lord Carloway Employment, Scotland The respondent firm paid their staff holiday pay by adding a proportion to each wage packet. The employee complained that this was in breach of the regulations. Held: The Regulations gave effect to the directive. The directive treated holiday pay and the right to annual leave as one entitlement, and the separation of the right to leave, but the Regulations created separate rights. The regulations did leave member states some room for interpretation, but it was essential that the holiday pay entitlement be paid in association with the taking of the leave, otherwise the effect might be to discourage workers from taking their leave. The contract provision was void, and the payments had not discharged the right to holiday pay. Working Time Regulations 1998 (SI 1998 no 1833) 16(1) - Working Time Directive (Council Directive 93/104/EC) 1 Cites [ Bailii ] - [ ScotC ] Â Regina (Majead) v Immigration Appeal Tribunal, Secretary of State for the Home Department Interested Party Times, 24 April 2003; [2003] EWCA Civ 615; Gazette, 12 June 2003 1 Apr 2003 CA Brooke, Hale, Wilson LJJ Scotland, Jurisdiction, Immigration, Constitutional The applicant had arrived in England to apply for asylum but had then been moved to Scotland. A decision of the adjudication officer in Scotland had been heard by the Immigration Appeal Tribunal sitting in London. The claimant sought a High Court review of that decision in London. Held: The review could only be conducted by the Court of Session. The considerations were not those of a private action as to forum conveniens, but had constitutional implications. Though some residual jurisdiction lay in London, this was not an exceptional case and was to be heard in Scotland. Parliament had made clear that the courts of Scotland should have ultimate responsibility in relation to appeals to the IAT from adjudicators in Scotland. Without deciding the point Brooke LJ noted that in a 'real emergency' the High Court might exercise jurisdiction over IAT decisions relating to appeals from adjudicators in Scotland but that would have to be a 'very exceptional case'. 1 Citers [ Bailii ] Â Trustees Harbours Peterhead v Lilley Construction [2003] ScotCS 91; Times, 24 April 2003 1 Apr 2003 SCS Scotland, Construction, Arbitration The parties had a dispute which was referred to adjudication and had been adjudicated, and could not be referred again. Further disputes arose, and the pursuers issued proceedings. The defenders requested that it be refferd to arbitration, and the pursuers said that under the contract and regulations, once a case had gone to adjudication, it could not later be referred to arbitration. Held: The adjudication reference did not prevent a later arbitration. The regulation explicitly envisaged the adjudication preventing an arbitration if it had settled all matters of dispute. Housing Grants, Construction and Regeneration Act 1996 108(4) - Construction Contracts (Scotland) Regulations 1998 (SI 1998 No 647) [ Bailii ] Â Gleneagles Hotels Limited v Quillco 100 Limited Toni Antoniou [2003] ScotCS 92 1 Apr 2003 SCS Lord Nimmo Smith Intellectual Property, Scotland 1 Cites [ Bailii ] - [ ScotC ] Â Hendrie v Scottish Ministers [2003] ScotCS 93 1 Apr 2003 SCS Scotland [ Bailii ] Â Robert Martin v John Mcinnes 2 Apr 2003 SCS Lord Bonomy Scotland [ ScotC ] Â Mario Di Ciacca v the Scottish Ministers 2 Apr 2003 SCS Lord Reed Scotland [ ScotC ] Â Martin v McGuiness [2003] ScotCS 96 2 Apr 2003 OHCS Lord Bonomy Scotland, Evidence, Personal Injury, Human Rights The pursuyer sought to have excluded evidence obtained unlawfully. He sought damages forr personal injuries. The defender had employed an enquiry agent who had taken films of him which he claimed infringed his rights to private and family life. Held: Behaviour such as that of the defender could infringe the pursuer's human rights, but the evidence could be admitted if there was a legitimate aim for obtaining and presenting the evidence. Any infringement had to remain proportionate. The presenter of a false case, himself would attempt to infringe the defenders right to a fair trial. A balance had to be struck. In this case the enquiries were reasonable and proportionate, and the results could be admitted. European Convention on Human Rights 8 1 Cites [ Bailii ] Â Di Ciacca v Scottish Ministers [2003] ScotCS 95 2 Apr 2003 SCS Scotland [ Bailii ] Â Weir, Re Decision By an Inquiry Reporter [2003] ScotCS 97 2 Apr 2003 SCS Scotland [ Bailii ] Â Gordon Weir Against A Decision of John H Henderson an Inquiry Reporter Appointed By the Scottish Ministers 2 Apr 2003 SCS M.G. Thomson, Q.C. Scotland [ ScotC ] Â Mehmet Tuncer for Judicial Review of the Determination of R G Handley 3 Apr 2003 SCS Lord Brodie Scotland [ ScotC ] Â Tuncer, Re Judicial Review Determination [2003] ScotCS 99 3 Apr 2003 SCS Scotland [ Bailii ] Â Fisher v Law Society of Scotland [2003] ScotCS 102 4 Apr 2003 SCS Scotland [ Bailii ] Â Simmers and Others, Re Petition for an Order [2003] ScotCS 137 4 Apr 2003 ScS Scotland 1 Citers [ Bailii ] Â Cooney v Dumfries and Galloway Council [2003] ScotCS 132 4 Apr 2003 ScS Scotland [ Bailii ] Â Caledonia North Sea Ltd v Norton (No 2) Ltd Another [2003] ScotCS 105 4 Apr 2003 SCS Scotland [ Bailii ] Â Bald and others v Davidson and others [2003] ScotCS 104 4 Apr 2003 SCS Scotland [ Bailii ] Â Caledonia North Sea Limited v Norton (No 2) Limited and Another 4 Apr 2003 SCS Lord Kirkwood and Lord Drummond Young Scotland [ ScotC ] Â St Andrews Bay Development Limited v HBG Management Limited for Judicial Review of an Adjudicator's Pretended Decision [2003] ScotCS 103 4 Apr 2003 SCS Lord Wheatley Scotland, Arbitration An arbitrator's failure may not be so serious as to make his decision a nullity. 1 Citers [ Bailii ] - [ ScotC ] Â Edward Coakley Coakley Bus Company Limited Central Bus Company Limited v an Order of the Transport Tribunal 4 Apr 2003 SCS Lady Cosgrove and Lord Marnoch and Lord Kirkwood Scotland [ ScotC ] Â Coakley and Others, Re an Order Transport Tribunal [2003] ScotCS 101 4 Apr 2003 SCS Scotland [ Bailii ] Â Hills Electrical and Mechanical Plc v Dawn Construction Ltd [2003] ScotCS 107 7 Apr 2003 SCS Scotland [ Bailii ] Â Hills Electrical and Mechanical Plc v Dawn Construction Limited 7 Apr 2003 SCS Lord Clarke Scotland [ ScotC ] Â Pirie v The Shore Porters' Society of Aberdeen and others [2003] ScotCS 111 8 Apr 2003 SCS Lord Bonomy Scotland [ Bailii ] Â Magee v Glasgow City Council [2003] ScotCS 109 8 Apr 2003 SCS Scotland [ Bailii ] Â Briside Limited v Bill Pearson Insurance Services and others Messrs Campbell Brook and Myles 8 Apr 2003 SCS Lord Wheatley Scotland [ ScotC ] Â Mohammed Khorshejul Alam v Secretary of State for the Home Department for Judicial Review 8 Apr 2003 SCS Lord Bonomy Scotland [ ScotC ] Â Briside v Bill Pearson Insurance Services and others [2003] ScotCS 108 8 Apr 2003 SCS Scotland [ Bailii ] Â Alam v Secretary State Home Department [2003] ScotCS 110 8 Apr 2003 SCS Scotland [ Bailii ] Â Caroline Magee As Legal Representative of Andrew Magee (Ap) v Glasgow City Council 8 Apr 2003 SCS J. Gordon Reid, Q.C. Scotland [ ScotC ] Â Deko Scotland Limited v Edinburgh Royal Joint Venture Morrison Construction Limited Balfour Beatty Construction Limited Haden Young Limited 11 Apr 2003 SCS Lord Drummond Young Scotland [ ScotC ] Â Deko Scotland v Edinburgh Royal Joint Venture and Another [2003] ScotCS 113 11 Apr 2003 ScS Scotland [ Bailii ] Â LB v Her Majesty's Advocate [2003] ScotHC 15 11 Apr 2003 HCJ Scotland, Crime [ Bailii ] Â Construction Centre Group Ltd v Highland Council [2003] ScotCS 114 11 Apr 2003 SCS Scotland [ Bailii ] Â Construction Centre Group Ltd v Highland Council [2003] ScotCS 114 11 Apr 2003 SCS Scotland [ Bailii ] Â LB v Her Majesty's Advocate [2003] ScotHC 15 11 Apr 2003 HCJ Scotland, Crime [ Bailii ] Â Deko Scotland v Edinburgh Royal Joint Venture and Another [2003] ScotCS 113 11 Apr 2003 SCS Scotland [ Bailii ] Â Sullivan v Young Trading As the Marquee Night Club and Now Known As the Bomm Timmsins Limited [2003] ScotSC 31 14 Apr 2003 ScSf Sheriff F.R. Crowe Scotland [ Bailii ] Â Graham Macleod v Malcolm Macaulay Russell [2003] ScotSC 28 15 Apr 2003 ScSf Sheriff Principal Sir Stephen S.T. Young Scotland [ ScotC ] - [ Bailii ] Â Wimpey Homes v Procurator Fiscal [2003] ScotHC 16 22 Apr 2003 HCJ Scotland, Crime [ Bailii ] Â In Petition of Arthur Simmers and others for an Order Under Sec 461 of the Companies Act 1985 In Respect of Scotpigs Limited 24 Apr 2003 SCS Lord McCluskey Scotland, Company Companies Act 1985 461 1 Cites 1 Citers [ ScotC ] Â Marjorie Helen Leighton E Moss Limited Trading As Moss Pharmacy for Judicial Review of A Determination Into the Death of the Late Catherine Middleton 24 Apr 2003 SCS Lord Mackay of Drumadoon Scotland, Coroners [ ScotC ] Â Chief Constable Strathclyde Police, Re Petition of Hm for Judicial Review [2003] ScotCS 130 24 Apr 2003 ScS Scotland [ Bailii ] Â Petition of Hm for Judicial Review of A Decisionand Threatened Acts of the Chief Constable Strathclyde Police 24 Apr 2003 SCS Lord McCluskey Scotland [ ScotC ] Â Leighton and Others, Re Judicial Review [2003] ScotCS 117 24 Apr 2003 OHCS Lord Mackay Of Drumadoon Scotland The petitioner sought a judicial review of a Fatal Accident enquiry. The deceased was suffering terminal cancer. A prescription was filled by one of the applicants, but with the wrong drug. The pharmacist challenged the finding saying conclusions had been drawn which did not follow the evidence. Held: There was evidence to support the conclusions drawn. The pharmacist had accepted that an error was made. Section 6(1)(a) does not deal with the cause of death, but with the whether there is any connection between any accident and the death, in the sense that the accident 'resulted' in the death of the deceased occurring at the particular time that it did. Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 6 1 Cites [ Bailii ] Â Aberdeen City Council v Dr [2003] ScotSC 23 24 Apr 2003 ScSf Scotland [ Bailii ] Â Aberdeen City Council v Dr 24 Apr 2003 ScSf Sheriff Principal Sir Stephen S.T. Young Scotland [ ScotC ] Â Aberdeen City Council v Dr [2003] ScotSC 23 24 Apr 2003 ScSf Scotland [ Bailii ] Â the Secretary of State for Scotland for and on Behalf of the Scottish Office Pensions Agency v Mrs Elinor Craig Turner 25 Apr 2003 SCS Lord Osborne and Lord Weir and Lord President Scotland [ ScotC ] Â Amanda J Kirk v Royal Bank of Scotland 25 Apr 2003 SCS T.G. Coutts, Q.C. Scotland [ ScotC ] Â Martin Cronk v Morrison Construction Ltd and Another [2003] ScotCS 121 25 Apr 2003 OHCS T.G. Coutts, QC Scotland [ Bailii ] - [ ScotC ] Â Reid v Coyle [2003] ScotCS 351 25 Apr 2003 SCS Scotland [ Bailii ] Â O'Donnell and Another v Imray and others [2003] ScotCS 122 25 Apr 2003 SCS Lord Emslie Professional Negligence, Scotland The pursuer said that the defendants, her former solicitors, had been negligent when advising her. She was to claim for personal injury, but when the limitation period expired, they closed the file without advising her of the possibility of applying for an extension of time. Held: To establish a claim, the pursuer had to show that the lost claim had some "ascertainable, measurable, non-negligible value". Here the pursuer would have the burden of persuading the court that it was right that her claim should proceed out of time. Looking at the matter in all probability, she would have failed, and nor indeed had she succeeded at that stage was there any great prospect of success. Though the solicitors had been negligent, they were entitled to a decree of absolvitur because the pursuer's claim had little value. Prescription and Limitation (Scotland) Act 1973 19A 1 Cites [ Bailii ] - [ ScotC ] Â Kirk v Royal Bank Scotland [2003] ScotCS 120 25 Apr 2003 SCS Scotland [ Bailii ] Â Secretary State Scotland v Turner [2003] ScotCS 123 25 Apr 2003 SCS Scotland [ Bailii ] Â Balgillo Caterers Ltd v Lulu Karim Or Meek EATS/0043/02; [2003] UKEAT 0043 - 02 - 2804 28 Apr 2003 EAT The Honourable Lord Johnston Employment, Scotland EAT Contract of Employment - Breach of Contract [ Bailii ] - [ EATn ] Â Hoult and Another v Turpie [2003] ScotCS 124 29 Apr 2003 ScS Lord Drummond Young Scotland, Commercial Lord Drummond Young said that the principle of mutuality has generally been given a wide scope in Scots law. It is derived from the exceptio non adimpleti contractus. The requirement that the obligations should be counterparts of each other should not be used in an artificial manner which breaks up the essential unity of a contract. He cautioned against overuse of the mutuality rule as a means of controlling the right of retention lest it swamp the principle that contracts must be duly performed. The most satisfactory means of control was the rule that, before a party is entitled to withhold performance, the other must be in material breach of contract. 1 Citers [ Bailii ] - [ ScotC ] Â Ahmad, Re Judicial Review [2003] ScotCS 126 30 Apr 2003 ScS Scotland [ Bailii ] Â Quin Shue Lin (Ap) (Correctly Known As Chen Ri Lin) for Judicial Review of the Immigration Appeal Tribunal 30 Apr 2003 SCS Lord Mackay of Drumadoon Scotland [ ScotC ] Â Lin, Re Judicial Review [2003] ScotCS 127 30 Apr 2003 ScS Scotland [ Bailii ] Â Airlie v Govan [2003] ScotCS 128 1 May 2003 ScS Scotland [ Bailii ] Â Airlie v Kvaerner Govan Limited 1 May 2003 SCS T.G. Coutts, Q.C. Scotland [ ScotC ] Â Petition of Saeid Mohammadi v Advocate General for Scotland As Representing the Secretary of State for the Home Department 2 May 2003 SCS Lord Hamilton Scotland [ ScotC ] Â Mohammadi v Advocate General Scotland [2003] ScotCS 129 2 May 2003 ScS Scotland [ Bailii ] Â Mohammadi v Advocate General Scotland [2003] ScotHC 19 2 May 2003 HCJ Lord Hamilton Scotland, Immigration The applicant had claimed asylum. His claim had been rejected and an order made for repatriation to Iran. His appeal was lodged two days out of time. He appealed its rejection. The solicitors accepted full responsibility for the delay. Held: Rules 18(2) allowed an appeal out of time for exceptional reasons. The appellant was represented by solicitors throughout. When the consequences were potentially so dire, it was important that an application received proper attention. The rejection of the application out of time was made without consideration of the circumstances and was wrong. Immigration and Asylum Appeals (Procedure) Rules 2000 18(2) 1 Cites [ Bailii ] Â Ansari v Her Majesty's Advocate [2003] ScotHC 17 2 May 2003 HCJ Lord Justice Clerk, Lord Kirkwood, Lord Marnoch, Lord Reed, Lord McCluskey Scotland, Criminal Sentencing The applicant assaulted and abducted an innocent passer-by, a young woman of 23, in the streets of Aberdeen and drove her, bound and gagged, to his house in Leith where he stripped her naked and assaulted and raped her. He was sentenced to life imprisonment, but now challenged the fixed part of that sentence. Held: In the assessment of the minimum period that the discretionary life sentence prisoner would actually serve as a punishment for his crime before he could be released, that prisoner should not be at a disadvantage when compared with a prisoner serving a determinate sentence for a similar crime. The court, when fixing the designated part, should therefore keep in view that the determinate sentence prisoner would be eligible for release on licence after one-half of his sentence, and entitled to it after two-thirds. The appeal was allowed. When imposing an indeterminate life sentence, the court must ask what determinate sentence would have applied, then deduct some 'risk' element, and then fix a proportion of the notional determinate sentence, as now reduced, in the light of the early release provisions that would be available to a prisoner sentenced to a determinate sentence for the same offence. Crime and Punishment (Scotland) Act 1997 16 1 Cites 1 Citers [ Bailii ] Â Appeal From Sheriffdom of South Strathclyde, Dumfries and Galloway at Stranraer By Dumfries and Galloway Council for an Order Freeing for Adoption [2003] ScotCS 139 6 May 2003 SCS Lord Johnston and Lord Osborne and Lord Weir Scotland, Adoption [ Bailii ] - [ ScotC ] Â Petition Haden Young Limited for Judicial Review of A Deicision of J Dinsmore Arbiter Dated 29 April 2003 Between the Petitioners and Wm Mccrindle 6 May 2003 SCS Lord Brodie Scotland [ ScotC ] Â Haden Young Ltd, Re Petition for Judicial Review [2003] ScotCS 140 6 May 2003 ScS Scotland [ Bailii ] Â Anne Stewart v Amanda Nicoll 7 May 2003 SCS Lord McEwan Scotland [ ScotC ] Â Garage Door Company v Paterson and Another [2003] ScotCS 138 7 May 2003 ScS Scotland [ Bailii ] Â The Garage Door Company (Scotland) Limited v Stuart Paterson and the Garage Door and Gate Company (Glasgow) Limited 7 May 2003 SCS Lady Paton Scotland [ ScotC ] Â Bsc v Jaj [2003] ScotCS 136 8 May 2003 ScS Scotland [ Bailii ] Â Riaviz v Her Majesty's Advocate [2003] ScotHC 44 8 May 2003 HCJ Crime, Scotland [ Bailii ] Â Gdn v Her Majesty's Advocate [2003] ScotHC 31 9 May 2003 HCJ Crime, Scotland [ Bailii ] Â Kathleen Ann Elder v R D Dumbreck and Son Limited [2003] ScotCS 134 9 May 2003 SCS Lord Brodie Scotland [ Bailii ] - [ ScotC ] Â Oak Mall Greenock Limited v Mcdonald's Restaurants Ltd 9 May 2003 SCS Lord Drummond Young Scotland [ ScotC ] Â Leslie Brown Robert Bruce Wright for Judicial Review of Decisions of the Scottish Ministers 9 May 2003 SCS Lord Mackay of Drumadoon Scotland [ ScotC ] Â Oak Mall Greenock Ltd v Mcdonald's Restaurants Ltd [2003] ScotCS 135 9 May 2003 ScS Scotland [ Bailii ] Â Barbara Bryce Or Fairbairn v Peter Clark Fairbairn 9 May 2003 ScSf Sheriff Principal I.D. Macphail, Q.C. Scotland [ ScotC ] Â Webster v Chadburn and others [2003] ScotSC 33 9 May 2003 ScSf Scotland [ Bailii ] Â Mckenna v Her Majesty's Advocate, [2003] ScotHC 29 9 May 2003 HCJ Crime, Scotland [ Bailii ] Â Brown and Others, Re Judicial Review [2003] ScotCS 133 9 May 2003 ScS Scotland [ Bailii ] Â Fairbairn v Fairbairn [2003] ScotSC 34 9 May 2003 ScSf Scotland [ Bailii ] Â Francis Mcavennie v Scottish Daily Record and Sunday Mail Limited [2003] ScotSC 36 13 May 2003 ScSf Sheriff Principal E.F. Bowen Scotland 1 Cites 1 Citers [ ScotC ] - [ Bailii ] Â Alan Fitchie Karen Fitchie v City of Edinburgh Council [2003] ScotCS 139 14 May 2003 SCS T.G. Coutts, Q.C. Scotland [ Bailii ] - [ ScotC ] Â Brian Smith v W M Martin and Co (Marine) Ltd EATS/0061/02; [2003] UKEAT 0061 - 02 - 0406 14 May 2003 EAT The Honourable Mr Justice Burton (President) Employment, Scotland EAT Unfair Dismissal - Constructive dismissal 1 Cites [ Bailii ] - [ EATn ] Â In Petition of Mohammed Shahid for Judicial Review 15 May 2003 SCS Lady Paton Scotland [ ScotC ] Â Training Profit (Uk) v Rickman Tooze Independent Financial Advisors [2003] ScotSC 35 15 May 2003 ScSf Scotland [ Bailii ] Â Shahid Re Petition for Judicial Review [2003] ScotCS 143 15 May 2003 ScS Scotland [ Bailii ] Â Ritchie v Her Majesty's Advocate [2003] ScotHC 32 16 May 2003 HCJ Crime, Scotland [ Bailii ] Â Queens Cross Housing Association Limited Against A Decision of the Lands Tribunal of Scotland Dated 22 November 2001 [2003] ScotCS 144 16 May 2003 IHCS Lord Kirkwood and Lord Weir and Lord Justice Clerk Scotland, Land [ Bailii ] - [ ScotC ] Â Aslam Mohammed Ali v Sarv Mitter Khosla and Pauline Khosla and others [2003] ScotCS 145 16 May 2003 IHCS Lord Johnston and Lord Osborne and Lord Weir Scotland, Landlord and Tenant 1 Cites [ Bailii ] - [ ScotC ] Â City Inn v Shepherd Construction Ltd [2003] ScotCS 146 20 May 2003 ScS Lord Kirkwood and Lord Justice Clerk and Lord McCluskey Scotland [ Bailii ] Â Ballast Plc v Laurieston Properties Limited and others [2003] ScotCS 150 21 May 2003 SCS Lord McCluskey Scotland [ Bailii ] - [ ScotC ] Â Jane Elizabeth Stevenson v Thomas Roy Olwyn Ezliabeth Roy 21 May 2003 SCS Lady Cosgrove and Lord Kirkwood and Lord Hamilton Scotland [ ScotC ] Â Stevenson v Roy and Another [2003] ScotCS 147 21 May 2003 ScS Scotland [ Bailii ] Â Graham Builders Merchants Limited v Mann Engineering Limited and others 22 May 2003 SCS Lord Abernethy and Lord MacLean and Lord President Scotland [ ScotC ] Â Warnock and Others v Clark Contracts [2003] ScotCS 154 22 May 2003 ScS Scotland [ Bailii ] Â Petition of KAT for an Order Under the Child Abduction and Custody Act 1985 22 May 2003 SCS Lord McEwan Scotland, Children Child Abduction and Custody Act 1985 [ ScotC ] Â Mary Louise Warnock and others v Clark Contracts Limited 22 May 2003 SCS Lord McCluskey Scotland [ ScotC ] Â Gerrard and Another v Sives [2003] ScotCS 148 22 May 2003 ScS Scotland [ Bailii ] Â Graham Builders Merchants v Mann Engineering and others [2003] ScotCS 149 22 May 2003 ScS Scotland [ Bailii ] Â K T, Re Petition of [2003] ScotCS 151 22 May 2003 ScS Scotland [ Bailii ] Â James Gerrard Susan Gerrard v R W Sives Limited 22 May 2003 SCS Lord Johnston and Lord Osborne and Lord Weir Scotland [ ScotC ] Â Orkney Islands Council v S and J D Robertson and Company Limited 23 May 2003 SCS T.G. Coutts, Q.C. Scotland [ ScotC ] Â Orkney Islands Council v S and Jd Robertson and Company Ltd [2003] ScotCS 356 23 May 2003 SCS Scotland [ Bailii ] Â Brown v Brown [2003] ScotCS 152 27 May 2003 ScS Scotland [ Bailii ] Â Brown v Brown [2003] ScotCS 156 27 May 2003 ScS Scotland [ Bailii ] Â James Brown v Christine Brown 27 May 2003 SCS Lord McCluskey Scotland [ ScotC ] Â Mohammed Ali Shaher and others v British Aerospace Flying College Limited [2003] ScotCS 155; 2003 SLT 791; 2003 SC 540 29 May 2003 IHCS Lord Abernethy and Lord Johnston and Lord Marnoch Scotland, Litigation Practice, Damages The pursuers claimed for the death of their son, a trainee pilot aged 19, in a flying accident. The defenders reclaimed against the Lord Ordinary's awards of £35,000 to each parent. In the course of the reclaiming motion the pursuers invited the Extra Division to take account of recent jury awards in deciding whether the Lord Ordinary's awards should stand. Held: The overall philosophy of Scottish practice is that the assessment of damages is first and foremost a matter for a jury. It is this philosophy which gives to awards of damages their essential legitimacy. The parents of an adult son who was killed in a flying accident should be awarded £20,000 each under section 1(4) of the Damages (Scotland) Act 1976 for their bereavement. ""As it seems to us, there is clearly a huge gulf not only between the level of judicial awards and the level of two recent jury awards in respect of the loss of an adult child but between the level of judicial awards and the level of recent jury awards so far as bereavement generally is concerned. This, in turn, is reflected by a similar gulf as between the submissions advanced on behalf of the defenders and appellants, on the one hand, and, on the other hand, those advanced on behalf of the pursuers and respondents. We would be less than frank if we did not immediately concede very real difficulty in finding a way to bridge that gulf. " Damages (Scotland) Act 1976 194) 1 Cites 1 Citers [ Bailii ] - [ ScotC ] Â Aitken v Financial Services Compensation Scheme Limited [2003] ScotCS 160; Times, 28 June 2003 30 May 2003 SCS Lord Drummond Young Scotland, Insurance Third Parties (Rights against Insurers) Act 1930 - Policyholders Protection Act 1975 6 1 Cites [ Bailii ] - [ ScotC ] Â Stuart Wilkie v George Brown 30 May 2003 SCS Lord Justice Clerk Scotland [ ScotC ] Â Brown, Re Judicial Review [2003] ScotCS 158 30 May 2003 ScS Scotland [ Bailii ] Â Wright, Re Judicial Review [2003] ScotCS 159 30 May 2003 ScS Scotland [ Bailii ] Â Wilkie v Brown [2003] ScotCS 157 30 May 2003 ScS Scotland [ Bailii ] Â Ellen Susan Kelly Or Gallacher and others v Morrison and Macdonald (Paisley) Limited [2003] ScotCS 182 30 May 2003 OHCS T.G. Coutts, Q.C. Scotland [ ScotC ] - [ Bailii ] Â Robert Bruce Wright for Judicial Review of A Decision of the Scottish Ministers 30 May 2003 SCS Lord Sutherland Scotland [ ScotC ] Â Leslie Brown for Judicial Review of A Decision of The Scottish Ministers 30 May 2003 SCS Lord Sutherland Scotland [ ScotC ] Â Yin Yong Ho Po Lam Ho Wong Meng Hong Sun Lin Chin for Judicial Review of A Seizure of Cash 3 Jun 2003 SCS Lord Clarke Scotland [ ScotC ] Â Mevlut Kural for Judicial Review of the Act of the Respondent In Failing To Determine A New Asylum Application 3 Jun 2003 SCS Lady Paton Scotland [ ScotC ] Â Transco Plc v Her Majesty's Advocate [2003] ScotHC HCJAC 67 3 Jun 2003 HCJ Scotland, Crime [ Bailii ] Â Ho and Others, Re Judicial Review [2003] ScotCS 161 3 Jun 2003 SCS Scotland [ Bailii ] Â Kural, Re Judicial Review [2003] ScotCS 162 3 Jun 2003 SCS Scotland [ Bailii ] Â Josephine Murray and others v Greenock Dockyard Limited [2003] ScotCS 164; 2004 SLT 346 4 Jun 2003 SCS J. Gordon Reid, QC Scotland, Personal Injury, Damages The deceased contracted mesothelioma from exposure to asbestos, and died. He and the pursuer had married in 1959 at 21. They were married over 41 years, and had one child. The marriage had its ups and downs, and for a time during the 1980s was difficult. The deceased was drinking heavily and the pursuer had left the matrimonial home with their daughter to give him a "wee fright", but returned after two weeks. He undertook to cut back on his drinking and normal married life was resumed. Held: The marriage was generally happy and that there was a close loving relationship between them. Over the last ten years before his death the pursuer looked after the deceased and was devoted to him and in his last year organised her day so that she could be with him. The deceased was a heavy smoker and had a breathless turn in 1999. During the course of subsequent investigation the mesothelioma was diagnosed. He underwent radiotherapy (three fractions). His GP subsequently recorded that pain did not seem to be a problem. In the last year of his life the deceased was less unfortunate than some mesothelioma sufferers. He did not suffer quite as much pain and discomfort as some, and awarded £20,000 to the pursuer in respect of her section 1(4) claim, and £47,500 to her as executrix in respect of her section 2(1) claim for solatium. 1 Citers [ Bailii ] - [ ScotC ] Â The University Court of the University of Edinburgh v Eagle Star Insurance Company Limited [2003] ScotCS 163 4 Jun 2003 SCS Lord Drummond Young Scotland, Insurance The pursuer sought a declarator that the insurers were to indemnify them under a contents insurance policy after the theft of computer equipment from a laboratory. Held: The exclusion for thefts not by breaking into the building did not apply. The entry had clearly been forcible. [ Bailii ] - [ ScotC ] Â Flynn and others v Her Majesty's Advocate [2003] ScotHC 33 4 Jun 2003 HCJ Crime, Scotland [ Bailii ] Â Sutherland v Campbell [2003] ScotCS 166 5 Jun 2003 SCS Scotland [ Bailii ] Â Jeffrey v Procurator Fiscal [2003] ScotHC 34 5 Jun 2003 HCJ Crime, Scotland [ Bailii ] Â Daqlawi, Re Judicial Review [2003] ScotCS 165 5 Jun 2003 SCS Scotland [ Bailii ] Â Scottish Universal Newspapers v Mack [2003] ScotCS 167 5 Jun 2003 SCS Scotland [ Bailii ] Â Petition of Ali Ahmed Khalaf Daqlawi for Judicial Review of A Determination of the Immigration Appeal Tribunal Refusing Leave To Appeal 5 Jun 2003 SCS Lord Menzies Scotland, Immigration [ ScotC ] Â Scottish and Universal Newspapers Limited v Paul Mack 5 Jun 2003 SCS Lord Eassie Scotland [ ScotC ] Â Charlotte Liston Sutherland v Peter James Campbell for Suspension and Interdict 5 Jun 2003 SCS Lord Mackay of Drumadoon Scotland [ ScotC ] Â Safeway Stores Plc v Tesco Stores [2003] ScotCS 171 6 Jun 2003 IHCS Lord Osborne, Lord Hamilton, Lord Kingarth Scotland, Land, Registered Land The parties appealed a decision of the Lands Tribunal for Scotland ordering rectification of the land register. A small area had been registered to two registers, and an error had occurred on the digitisation of the plan. Held: The system of land registration is distinctive to Scotland. The concept of possession had been adequately applied by the tribunal, and their decision was upheld. Tribunals and Inquiries Act 1992 11 - Land Registration (Scotland) Act 1979 1 Cites [ Bailii ] - [ ScotC ] Â Abul Hassan v The Secretary of State for the Home Department for Judicial Review [2003] ScotCS 168 6 Jun 2003 OHCS Lord Bracadale Scotland, Immigration [ Bailii ] - [ ScotC ] Â John Renton Mowbray v Keith Valentine [2003] ScotCS 170 6 Jun 2003 SCS Lord Osborne and Lord Drummond Young and Lord Johnston Scotland [ Bailii ] - [ ScotC ] Â Pw v Al [2003] ScotCS 176 12 Jun 2003 ScS Scotland [ Bailii ] Â Snelling v Thomson Alarm and Communication System Limited [2003] ScotCS 172 12 Jun 2003 SCS T.G. Coutts, Q.C. Scotland [ Bailii ] Â PW v AL Or W for an Order Under the Child Abduction and Custody Act 1985 12 Jun 2003 SCS Lord President and Lady Cosgrove and Lord Johnston Scotland, Children Child Abduction and Custody Act 1985 [ ScotC ] Â Homebase v Scottish Provident Institution [2003] Scotcs 173 13 Jun 2003 ScS Scotland [ Bailii ] Â JPM v BWL [2003] ScotCS 192 13 Jun 2003 HCJ Crime, Scotland [ Bailii ] Â Homebase Limited v Scottish Provident Institution 13 Jun 2003 SCS Lord Macfadyen and Lord Marnoch and Lord Abernethy Scotland [ ScotC ] Â Lloyds Pharmacy v National Appeal Panel Entry Pharmaceutical Lists [2003] ScotCS 175 16 Jun 2003 ScS Scotland [ Bailii ] Â Lloyds Pharmacy Limited v the National Appeal Panel for Entry To the Pharmaceutical Lists for Judicial Review 16 Jun 2003 SCS Lady Smith Scotland [ ScotC ] Â Walker v Her Majesty's Advocate [2003] ScotHC 36 17 Jun 2003 HCJ Crime, Scotland [ Bailii ] Â Bashir v Her Majesty's Advocate [2003] ScotHC 37 17 Jun 2003 HCJ Crime, Scotland [ Bailii ] Â Steven Edward Mcintosh v the City of Edinburgh Council [2003] ScotCS 174 18 Jun 2003 SCS Lord McEwan Scotland [ ScotC ] - [ Bailii ] Â Forrester and Another v Forrester [2003] ScotCS 177 20 Jun 2003 ScS Scotland [ Bailii ] Â Whaley, Friend v The Lord Advocate for Judicial Review of the Protection of Wild Mammals (Scotland) Act 2002 [2003] ScotCS 178 20 Jun 2003 SCS Lord Brodie Scotland Protection of Wild Mammals (Scotland) Act 2002 1 Cites [ ScotC ] - [ Bailii ] Â Smith v Strathclyde Passenger Transport Executive [2003] ScotSC 38 24 Jun 2003 ScSf Scotland [ Bailii ] Â Petition of Austin Brought Hunter for Judicial Review of A Decision of the Discipline Committee of the Institute of Chartered Accountants In Scotland 25 Jun 2003 SCS Lord Emslie Scotland [ ScotC ] Â Hunter, Re Petition for Judicial Review [2003] ScotCS 179 25 Jun 2003 ScS Scotland [ Bailii ] Â Spa (Scotland) Limited v the City of Edinburgh Council 25 Jun 2003 SCS Lord Clarke Scotland [ ScotC ] Â Spa v City Edinburgh Council, [2003] ScotCS 180 25 Jun 2003 ScS Scotland [ Bailii ] Â Â SPH (Scotland) Ltd v Edinburgh City Council; OHCS 25-Jun-2003 - Times, 19 September 2003 Â E C and Another v Miller [2003] ScotCS 181 26 Jun 2003 ScS Scotland [ Bailii ] Â McDowall v Inland Revenue [2003] UKSC SPC00382 26 Jun 2003 SCIT Inheritance Tax, Agency, Scotland Gifts had been made from an estate, purportedly under a power of attorney. During his lifetime, the deceased had made various gifts to his children. As he begand to suffer Alzheimers, he gave a power of attorney. He had substantial assets, well beyond his requirements. His attorney having considered the situation, began to make gifts to the children. After the death, the revenue contended that the gifts were of no effect. Held: A power of attorney falls to be strictly construed. The gifts were outside the powers of the attorney, and could be set aside. They were therefore ineffective to save tax. Prescription and Limitation (Scotland) Act 1973 - Inheritance Tax Act 1984 1 Cites [ Bailii ] Â E C and M C v Alan D Miller, Principal Reporter, Scottish Children's Reporter Administration 26 Jun 2003 IHCS Lord Osborne and Lord Hamilton and Lord Carloway Scotland, Children Children (Scotland) Act 1995 [ ScotC ] Â Green v Customs and Excise [2003] ScotCS 206 27 Jun 2003 ScS Scotland [ Bailii ] Â Edinburgh Council v HT [2003] ScotSC 43 1 Jul 2003 ScSf Scotland [ Bailii ] Â Tant v Her Majesty's Advocate [2003] ScotHC 38 1 Jul 2003 HCJ Crime, Scotland [ Bailii ] Â Black v Harper [2003] ScotCS 183 1 Jul 2003 ScS Scotland [ Bailii ] Â Bluestone Estates v Fitness First Clubs Ltd [2003] ScotSC 40 2 Jul 2003 ScSf Scotland [ Bailii ] Â Broadfoot and Another v Forth Valley Acute Hospitals [2003] ScotCS 184 3 Jul 2003 ScS Scotland [ Bailii ] Â Kane v Pearl Assurance Plc [2003] ScotCS 187 3 Jul 2003 ScS Scotland [ Bailii ] Â Brown v Chief Constable Strathclyde Police and Another [2003] ScotCS 185 3 Jul 2003 ScS Scotland [ Bailii ] Â William Brown v William Rae, Chief Constable of Strathclyde Police Strathclyde Joint Police Board 3 Jul 2003 OHCS Lord Bracadale Scotland [ ScotC ] Â Susan Broadfoot, Curator Bonis of Dylan Broadfoot v Forth Valley Acute Hospitals 3 Jul 2003 OHCS T.G. Coutts, Q.C. Scotland [ ScotC ] Â Sharp v Her Majesty's Advocate [2003] ScotHC 35 3 Jul 2003 HCJ Crime, Scotland [ Bailii ] Â Harwood, Re Petition for an Order [2003] Scotcs 189 4 Jul 2003 ScS Scotland [ Bailii ] Â Morris v Fife Council [2003] Scotcs 190 4 Jul 2003 OHCS Lord Abernethy Scotland, Litigation Practice, Torts - Other The pursuer sought damages from the respondent council for abuse he had suffered whilst in their care as a child. He sought jury trial, the defenders said that was unsuitable, liability being admitted. Held: This was a case which exceptionally should be heard without a jury. The events had occurred many years earlier. The nature of the claim meant that any cross-examination of the pursuer could be prejudicial to defender. In essence the claims were for psychological dinjury. 1 Cites [ Bailii ] Â Fyfe v North Glasgow University Hospitals NHS Trust [2003] ScotCS 204 4 Jul 2003 ScS Scotland [ Bailii ] Â Fraser v MacIver and Another [2003] Scotcs 191 4 Jul 2003 ScS Scotland [ Bailii ] Â Gillespie v Fitzpatrick [2003] ScotCS 233 4 Jul 2003 OHCS Lord Eassie Scotland [ Bailii ] Â Rory Fraser v Alexander Maciver and Another 4 Jul 2003 OHCS T.G. Coutts, Q.C. Scotland [ ScotC ] Â Sandra Fyfe v North Glasgow University Hospitals NHS Trust 4 Jul 2003 OHCS Lord Carloway And Lord Macfadyen And Lord Marnoch Scotland [ ScotC ] Â James Morris (Ap) v Fife Council 4 Jul 2003 OHCS Lord Abernethy Scotland [ ScotC ] Â Peter Grant Duncan v Mark Martin Walshe and others 8 Jul 2003 OHCS M.G. Thomson, Q.C. Scotland [ ScotC ] Â Duguid, Re Fatal Accidents Sudden Deaths Inquiry [2003] ScotSC 39 8 Jul 2003 ScSf Scotland [ Bailii ] Â Duncan v Walshe and others [2003] ScotCS 191 8 Jul 2003 HCJ Crime, Scotland [ Bailii ] Â Muir v Leitch [2003] ScotCS 193 8 Jul 2003 HCJ Crime, Scotland [ Bailii ] Â Best v Waudby [2003] ScotSC 42 9 Jul 2003 ScSf Scotland [ Bailii ] Â Ebah, Re Petition for Judicial Review [2003] ScotCS 195 9 Jul 2003 HCJ Crime, Scotland [ Bailii ] Â Henry v Johnston [2003] ScotCS 197 9 Jul 2003 HCJ Crime, Scotland [ Bailii ] Â Gillian McCandlish Henry Or Johnston v Ian Campbell Johnston (Ap) 9 Jul 2003 OHCS Lord Abernethy And Lord Mccluskey And Lord Justice Clerk Scotland [ ScotC ] Â Royal Bank Scotland Plc v Wilson and others [2003] ScotCS 196 9 Jul 2003 HCJ Crime, Scotland [ Bailii ] Â Sutherland v Campbell [2003] ScotCS 213 9 Jul 2003 SCS Scotland [ Bailii ] Â Macauley v Clark [2003] ScotCS 214 11 Jul 2003 SCS Scotland [ Bailii ] Â Martin v Mcguiness [2003] ScotCS 198 11 Jul 2003 ScS Scotland [ Bailii ] Â Reclaiming Motion for Pursuer In the Cause Gary G Macauley v Dr M Lynda Clark, Qc Mp the Advocate General for Scotland 11 Jul 2003 OHCS Lord Philip And Lord Marnoch And Lord Wheatley Scotland [ ScotC ] Â WGR Trading Ltd, Re Application for Judicial Review [2003] ScotCS 199 11 Jul 2003 ScS Scotland [ Bailii ] Â Petition Indu Krishna for Judicial Review 15 Jul 2003 OHCS Lady Smith Scotland [ ScotC ] Â Krishna, Re Petition for Judicial Review [2003] ScotCS 207 15 Jul 2003 SCS Scotland [ Bailii ] Â Brican Fabrications v Merchant City Developments [2003] ScotCS 201 17 Jul 2003 ScS Scotland [ Bailii ] Â Syliva Hutton v the Coal Authority [2003] ScotCS 200 17 Jul 2003 OHCS Lord Caplan And Lord Marnoch And Lord Hamilton Scotland [ Bailii ] - [ ScotC ] Â Finnan v Her Majesty's Advocate [2003] ScotHC 41 18 Jul 2003 HCJ Scotland, Crime [ Bailii ] Â Mcauley and Another, Re Petition for Judicial Review [2003] ScotCS 208 22 Jul 2003 SCS Scotland [ Bailii ] Â Webster v Dominick [2003] ScotHC HCJ - 67; 2003 SLT 975; 2003 GWD 26-734; 2005 1 JC 65; 2003 SCCR 525 22 Jul 2003 HCJ Scotland, Crime [ Bailii ] Â Maclean v Procurator Fiscal, Inverness [2003] ScotHC 42 22 Jul 2003 HCJ Scotland, Crime [ Bailii ] Â City Wall Properties v Pearl Assurance Plc [2003] ScotCS 211 25 Jul 2003 SCS Scotland [ Bailii ] Â Salter v UB Frozen Chilled Foods [2003] ScotCS 212; Times, 06 October 2003 25 Jul 2003 OHCS Gordon Reid QC Scotland, Personal Injury The pursuer was involved in an accident at work, where his co-worker died. He suffered only psychiatric injury. Held: Being directly involved, the pursuer was a primary victim, and accordingly not subject to the limits on claiming for psychological injury alone. There was no need for him to show any duty toward the claimant to avoid psychological damage. Psychiatric injury was arguable forseeable, and was not therefore irrelevant. 1 Cites [ Bailii ] Â Grubb v Jones [2003] ScotCS 210 25 Jul 2003 SCS Scotland [ Bailii ] Â Allison v Orr [2003] ScotCS 215 30 Jul 2003 SCS Scotland [ Bailii ] Â Allison v Orr [2003] ScotCS 224 30 Jul 2003 SCS Scotland [ Bailii ] Â Â Thomson v Kvaerner Govan Limited; HL 31-Jul-2003 - [2003] UKHL 45; 2003 SCLR 765; 2004 SLT 24; [2004] PIQR P7; 2004 SC (HL) 1 Â Crouch Mining Ltd v Scottish Coal Company Ltd [2003] ScotCS 217 1 Aug 2003 SCS Scotland [ Bailii ] Â Highland Council v Construction Centre Group Ltd [2003] ScotCS 221 5 Aug 2003 SCS Scotland [ Bailii ] Â Karling v Chief Constable [2003] ScotCS 219 5 Aug 2003 SCS Scotland [ Bailii ] Â AMEC Mining v Scottish Coal Company [2003] ScotCS 223 6 Aug 2003 SCS Scotland, Construction, Contract The pursuers contracted to remove coal by opencast mining from the defender's land. They said the contract assumed the removal first of substantial peat depositys from the surface by a third party. They had to do that themselves at substantial cost. They said the defenders should have issued a variation to allow them to claim the costs. The defenders said it could have been claimed as a quantum meruit. Held: Quantum meruit was not normally claimable where there was a contract. There was a discretion to issue an instruction to vary and that had to be exercised reasonably. The pursuers averred that the defenders were under an obligation to ensure that their site manager operated the contract properly by issuing the instruction. No such term could be implied. 1 Cites [ Bailii ] Â PW v AL [2003] ScotCS 225 7 Aug 2003 SCS Scotland [ Bailii ] Â Gilfillan v Barbour [2003] ScotCS 226 12 Aug 2003 SCS Scotland [ Bailii ] Â Joseph v Braid [2003] ScotCS 228 14 Aug 2003 SCS Scotland [ Bailii ] Â Hider v Secretary of State for the Home Department [2003] ScotCS 227 14 Aug 2003 SCS Scotland [ Bailii ] Â Magnohard Limited and others v the United Kingdom Atomic Energy Authority the Scottish Environment Protection Agency 15 Aug 2003 OHCS Lady Paton Scotland [ ScotC ] Â Magnohard Ltd and others v UK Atomic Energy Authority [2003] ScotCS CSOH - 362 15 Aug 2003 SCS Scotland [ Bailii ] Â James Mckenna v British Railways Board First Engineering Limited 15 Aug 2003 OHCS Lady Smith Scotland [ ScotC ] Â PUW, Re an Order [2003] ScotCS 231 19 Aug 2003 SCS Scotland [ Bailii ] Â Ada v Messrs Thorntons, W S and others [2003] ScotCS 230 19 Aug 2003 SCS Scotland [ Bailii ] Â Keith v Davidson Chalmers and others 21 Aug 2003 OHCS Lady Cosgrove And Lord Justice Clerk And Lord Wheatley Scotland, Legal Professions 1 Cites [ ScotC ] Â Keith v Chalmers and others [2003] ScotCS 232 21 Aug 2003 SCS Scotland [ Bailii ] Â Scottish Youth Theatre (Property) Ltd v Anderson and others [2003] ScotCS 234 22 Aug 2003 SCS Scotland [ Bailii ] Â Scottish Youth Theatre (Property) Limited v John Neil Anderson and Others, the Trustees of the Royal Scottish Academy of Music and Drama Endowment Trust 22 Aug 2003 OHCS Lord Abernethy And Lord Macfadyen And Lord Osborne Scotland [ ScotC ] Â ITP Sa v Coflexip Stena Offshore Limited 26 Aug 2003 OHCS Lord Nimmo Smith Scotland [ ScotC ] Â Christie v Governor Company Bank Scotland [2003] ScotCS 239 28 Aug 2003 SCS T.G. Coutts, QC Scotland [ Bailii ] - [ ScotC ] Â Â Wincanton Trans European Ltd (Formerly P and O Trans European Ltd) v Whiteford; EAT 28-Aug-2003 - EATS/0022/03; [2003] UKEAT 0022 - 03 - 2808 Â Duncan v Beattie and others [2003] ScotCS 241 29 Aug 2003 SCS Scotland [ Bailii ] Â Duncan v Beattie and others 29 Aug 2003 OHCS T.G. Coutts, Q.C. Scotland [ ScotC ] Â Macdonald v Maccallum [2003] ScotCS 240 29 Aug 2003 SCS Scotland [ Bailii ] Â Duncan Macdonald v Duncan Maccallum 29 Aug 2003 OHCS Lord Emslie Scotland [ ScotC ] Â Christie v the Governor and Company of the Bank of Scotland 29 Aug 2003 OHCS T.G. Coutts, Q.C. Scotland [ ScotC ] Â Arshad, Re Application for Judicial Review [2003] ScotCS 242 1 Sep 2003 SCS Scotland [ Bailii ] Â Mohammed Arshad for Judicial Review of the Determination and Reasons of the Adjudicator To Dismiss the Appeal 1 Sep 2003 OHCS Lord Wheatley Scotland [ ScotC ] Â Diamond Offshore Drilling (UK) Limited v Gulf Offshore NS Limited [2003] ScotCS 243 4 Sep 2003 OHCS Lord Menzies Scotland [ Bailii ] Â Ellen Elizabeth Anne Brown v the Yorkhill National Health Service Trust 12 Sep 2003 OHCS Lord Abernethy Scotland [ ScotC ] Â Brown v Yorkhill National Health Service Trust [2003] ScotCS 244 12 Sep 2003 SCS Scotland [ Bailii ] Â Petition of William Beggs for Judicial Review [2003] ScotCS 245 23 Sep 2003 OHCS Lord Johnston Scotland, Prisons The petitioner a prisoner sought an interdict against the respondents requiring them not to open mail he was sending to his lawyers in connection with an action against them with regard to his treatment in prison. Crown Proceedings Act 1947 21 1 Citers [ Bailii ] - [ ScotC ] Â Gemini Corrosion Services v Aberdeenshire Council [2003] ScotSC 51 23 Sep 2003 ScSf Scotland [ Bailii ] Â Her Majesty's Advocate v Shearer [2003] ScotHC HCJAC - 67 24 Sep 2003 HCJ Scotland, Crime [ Bailii ] Â Leah Health Care Services v Deluca, [2003] ScotSC 52 25 Sep 2003 ScSf Scotland [ Bailii ] Â Manz and others v Secretary of State for the Home Office [2003] ScotCS 256 26 Sep 2003 ScS Scotland [ Bailii ] Â Rusell Eugene Manz and others v the Secretary of State for the Home Office 26 Sep 2003 OHCS Lord Bracadale Scotland [ ScotC ] Â Manz and others v Secretary State Home Office [2003] ScotCS 247 26 Sep 2003 ScS Scotland [ Bailii ] Â Kingston Communications (Hull) Plc Stargas Nominees Limited v Stargas Nominees Limited Convergys Emea Limited Kingston Communications (Hull) Plc 30 Sep 2003 OHCS Lord Clarke Scotland [ ScotC ] Â Mowlem (Scotland) Limited v Inverclyde Council 1 Oct 2003 OHCS Lord President And Lord Wheatley And Lord Marnoch Scotland [ ScotC ] Â Application for Leave To Appeal By Susan McAllister Against A Decision of A Social Security Commissioner 1 Oct 2003 OHCS Lord President And Lord Marnoch And Lord Wheatley Scotland, Benefits [ ScotC ] Â Allan v Jenkins [2003] ScotSC 46 1 Oct 2003 ScSf Scotland [ Bailii ] Â McAllister, Re an Application for Leave To Appeal [2003] ScotCS 249 1 Oct 2003 ScS Scotland [ Bailii ] Â Mowlem (Scotland) Ltd v Inverclyde Council [2003] ScotCS 253 1 Oct 2003 ScS Scotland [ Bailii ] Â Mowlem (Scotland) Ltd v Inverclyde Council [2003] ScotCS 248 1 Oct 2003 ScS Scotland [ Bailii ] Â Mr S D Mrs L D As the Parents and Guardians of S D (Aps) for Judicial Review of A Decision of the Scottish Ministers 2 Oct 2003 OHCS Lord Philip Scotland [ ScotC ] Â Unity Trust Bank Plc v Martin Frost Linda Stewart Anderson Or Frost 2 Oct 2003 OHCS Lord Eassie Scotland [ ScotC ] Â SD, Re Application for Judicial Review [2003] ScotCS 250 2 Oct 2003 OHCS Lord Philip Scotland, Education Parents sought judicial review of a decision not to open a Record of Needs for their child. A report said that the child was dyslexic. The applicants said his condition had not improved after an earlier request to open a record had been refused. Held: The Act did contain a lacuna, which the court would fill. The Scottish Ministers should have the power to deal with such appeals, and that section 64(4) should have contained a reference to confirming or refusing to confirm an education authority's decisions not to record and not to continue to record. Any delay by the claimant was not sufficient to justify refusal of judicial review, and a review was granted. Education (Scotland) Act 1980 64(1) 1 Cites [ Bailii ] Â Armstrong v Forbes [2003] ScotCS 251 3 Oct 2003 ScS Lord Marnoch Scotland The pursuer sought to reclaim an order suspending possession. Held: The defenders' argument should be put, and the possession order remained suspended pending that decision. 1 Cites [ Bailii ] Â Mary Vance Armstrong v Robert Lindsay Forbes, Ca, Judicial Factor on the Sequestrated Estates of G Dunlop and Son [2004] ScotCS 355 3 Oct 2003 OHCS Lord Marnoch And Lord Osborne And Lord Wheatley Scotland [ ScotC ] - [ Bailii ] Â Mcquade, Re Application for Judicial Review [2003] ScotCS 252 7 Oct 2003 ScS Scotland [ Bailii ] Â Katie Mcquade for Judicial Review of the Restriction of the Petitioner's Statutory Employment Rights 7 Oct 2003 OHCS Lord Emslie Scotland [ ScotC ] Â Walker v Parker Roberts 8 Oct 2003 OHCS R.F.Macdonald, Q.C. Scotland [ ScotC ] Â Chief Constable of Strathclyde Police v North Lanarkshire Licensing Board 8 Oct 2003 OHCS Lord Osborne And Lord Hamilton And Lord Weir Scotland [ ScotC ] Â Walker v Roberts [2003] ScotCS 254 8 Oct 2003 ScS Scotland [ Bailii ] Â Walker v Roberts [2003] Scotcs 258 8 Oct 2003 SCS Scotland [ Bailii ] Â Chief Constable Strathclyde Police v North Lanarkshire Licensing Board [2003] Scotcs 257 8 Oct 2003 SCS Scotland [ Bailii ] Â Connelly v G A Group Ltd and Another [2003] ScotSC 47 8 Oct 2003 ScSf Scotland [ Bailii ] Â Strathclyde Police v North Lanarkshire Licensing Board [2003] ScotCS 255 8 Oct 2003 ScS Scotland [ Bailii ] Â Penny v J Ray Mcdermott Diving International Inc [2003] Scotcs 259 9 Oct 2003 SCS Scotland [ Bailii ] Â Penny v J Ray Mcdermott Diving International Inc 9 Oct 2003 OHCS Lord Bonomy Scotland [ ScotC ] Â Milne Or Fraser, Fraser, Simnett, Simnett v Caledon Shipbuilding and Engineering Co Ltd Scottish and Southern Energy Plc 9 Oct 2003 OHCS Lady Cosgrove Scotland [ ScotC ] Â Milne and others v Caledon Shipbuilding and Engineering Co Ltd [2003] Scotcs 260 9 Oct 2003 SCS Scotland [ Bailii ] Â C v Miller [2003] ScotCS 361 10 Oct 2003 SCS Scotland [ Bailii ] Â Kelly and others v Morrison and Macdonald (Paisley) Ltd [2003] ScotCS 261 10 Oct 2003 SCS Scotland [ Bailii ] Â E C Mrs M C v Alan D Miller, Principal Reporter 10 Oct 2003 OHCS Lord Hamilton And Lord Osborne And Lord Wheatley Scotland [ ScotC ] Â E C and Anor v Principal Reporter [2003] ScotCS 262 10 Oct 2003 SCS Scotland [ Bailii ] Â Ellen Susan Kelly Or Gallacher and others v Morrison and Macdonald (Paisley) Ltd 10 Oct 2003 OHCS Lord Marnoch Scotland [ ScotC ] Â Mhairi Macleod Or Macdonald v the Scottish Ministers Highland Council [2003] ScotCS 293 13 Oct 2003 OHCS Lord Clarke Scotland [ Bailii ] - [ ScotC ] Â David Yates v Procurator Fiscal, Ayr 14 Oct 2003 OHCS Lady Cosgrove And Lord Kingarth And Sheriff Principal C.G.B. Nicholson Scotland [ ScotC ] Â Haston and others v Her Majesty's Advocate [2003] ScotHC 51 15 Oct 2003 HCJ Crime, Scotland [ Bailii ] Â Keith Alexander Thomson v Janet Marilyn Thomson 15 Oct 2003 OHCS Lord President And Lord Marnoch And Lord Cameron Of Lochbroom Scotland [ ScotC ] Â Thomson v Thomson, [2003] ScotCS 263 15 Oct 2003 SCS Scotland [ Bailii ] Â Mackie v AB 2000 Ltd and others [2003] ScotCS 264 16 Oct 2003 SCS Scotland [ Bailii ] - [ ScotC ] Â Ocra (Isle Man) Ltd v Anite Scotland Ltd and Another [2003] ScotCS 265 17 Oct 2003 SCS Lord Eassie Scotland [ Bailii ] - [ ScotC ] Â Slade and Another v Boyes Turner Solicitors [2003] EWHC 9015 (Costs) 17 Oct 2003 Scs Scotland [ Bailii ] Â Janette Young Mcfarlane Or Purdon Or Mcnair, Alexander Mcnair's Executrix v Wrights Insulation Co Ltd [2003] ScotCS 267 17 Oct 2003 OHCS Lord Carloway Scotland [ Bailii ] - [ ScotC ] Â Englefield v Steinberg (No 2) [2003] EWHC 9016 (Costs) 20 Oct 2003 SCS Scotland 1 Cites [ Bailii ] Â Hamish Guthrie Miller v Tayside Health Board [2003] ScotCS 268 21 Oct 2003 OHCS Lord Drummond Young Scotland [ Bailii ] Â Shiprow Development Company v Liquidator of Craiglair Property Company Ltd and others [2003] ScotSC 48 23 Oct 2003 ScSf Scotland [ Bailii ] Â B R B v F L M [2003] ScotCS 266 24 Oct 2003 SCS Scotland [ Bailii ] Â Macdonald v Her Majesty's Advocate [2003] ScotHC 60 28 Oct 2003 HCJ Crime, Scotland [ Bailii ] Â Peters v Her Majesty's Advocate [2003] ScotHC 59 29 Oct 2003 HCJ Crime, Scotland [ Bailii ] Â Construction Co (Denny) Ltd v Bone Steel Ltd [2003] ScotCS 283 29 Oct 2003 SCS Scotland [ Bailii ] Â Tudhope v Park, Trading As Park Hutchison, Solicitors [2003] ScotCS 269 30 Oct 2003 OHCS Lady Paton Scotland 1 Citers [ Bailii ] Â Gates v Procurator Fiscal [2003] ScotHC 52 30 Oct 2003 HCJ Crime, Scotland [ Bailii ] Â Riddell v Procurator Fiscal [2003] ScotHC 53 30 Oct 2003 HCJ Crime, Scotland [ Bailii ] Â Tods Murray W S v Arakin Ltd [2003] ScotCS 273 31 Oct 2003 SCS Scotland [ Bailii ] Â Mccondichie v Mains Medical Centre [2003] ScotCS 270 31 Oct 2003 SCS Scotland [ Bailii ] Â Mcgruther v Walton [2003] ScotSC 53 31 Oct 2003 ScSf Scotland [ Bailii ] Â Moynagh v Procurator Fiscal [2003] ScotHC 55 31 Oct 2003 HCJ Crime, Scotland Criminal Law (Consolidation)(Scotland) Act 1995 [ Bailii ] Â Higgins v DHLl International (UK) Ltd [2003] ScotCS 272 31 Oct 2003 SCS Scotland [ Bailii ] Â Bennett v The Scottish Down's Syndrome Association [2003] ScotSC 55 4 Nov 2003 ScSf Sheriff Principal Sir Stephen S.T. Young Scotland [ Bailii ] Â Cheval Property Finance Plc v Hill [2003] ScotCS 274 4 Nov 2003 SCS Scotland [ Bailii ] Â Beattie v Her Majesty's Advocate [2003] ScotHC 56 4 Nov 2003 HCJ Crime, Scotland [ Bailii ] Â Dempsey, Re Petition for Judicial Review [2003] ScotCS 275 4 Nov 2003 SCS Scotland [ Bailii ] Â Simpson v Johnson [2003] ScotSC 56 5 Nov 2003 ScSf Scotland [ Bailii ] Â SN and Others, Re Petition for Judicial Review [2003] ScotCS 279 6 Nov 2003 SCS Lord Johnston Scotland, Immigration Challenge to decision to issue removal directions [ Bailii ] - [ ScotC ] Â Custo and Excise, Re Decision of the Edinburgh Vat and Duties Tribunal [2003] ScotCS 280 7 Nov 2003 SCS Scotland [ Bailii ] Â Authority Reporter for Glasgow City Council v J L N [2003] ScotCS 281 7 Nov 2003 SCS Scotland [ Bailii ] Â Docherty v Her Majesty's Advocate [2003] ScotHC 58 7 Nov 2003 HCJ Scotland, Crime [ Bailii ] Â Malik v Ali [2003] ScotSC 57 12 Nov 2003 ScSf Scotland [ Bailii ] Â Campbell and Another v Her Majesty's Advocate [2003] ScotHC 61 13 Nov 2003 HCJ Scotland, Crime [ Bailii ] Â Saber v the Secretary of State for the Home Department [2003] ScotCS 360 13 Nov 2003 SCS Scotland [ Bailii ] Â Green and Another v Lothian and Borders Police and Another [2003] ScotCS 286 14 Nov 2003 SCS Scotland [ Bailii ] Â Tait v Campbell [2003] ScotCS 285 14 Nov 2003 SCS Scotland [ Bailii ] Â Axiom Business Computers Ltd v Frederick [2003] ScotCS 288 20 Nov 2003 ScS Lord Bracadale Scotland, Employment Lord Bracadale re-iterated the principles used in assessing whether a proposed employment condition operated as an unlawful restraint on trade: "(i) A covenant in restraint of trade is void unless it is reasonable in the interests of the parties and in the public interest. (ii) Covenants between an employer and employee will be viewed more strictly by the Court than other forms of covenant where some consideration has passed. (iii) For a restraint to be reasonable it must afford no more than adequate protection. (iv) An employer is not entitled to seek protection against mere competition from a former employee. Trade secrets and old established customers may be legitimate objects of concern. (v) An employee may have acquired additional skills and knowledge through his employment but that belongs to him and cannot be protected by the employer. (vi) An employee has a duty of confidence, but once employment terminates the duty is restricted to not disclosing trade secrets and trade information. (vii) The proper approach is to ascertain what legitimate interest the employers are entitled to protect and then to see if restraint is required." 1 Cites [ Bailii ] - [ ScotC ] Â Petition of Messrs David Runciman and Sons and the Partners Thereof for Judicial Review of A Decision of Scottish Borders Council [2003] ScotCS 287 20 Nov 2003 OHCS Lord Drummond Young Scotland [ Bailii ] Â Lloyd v Thomson [2003] ScotCS 289 20 Nov 2003 ScS Scotland [ Bailii ] Â Wood v Aberdeen City Council [2003] ScotSC 58 25 Nov 2003 ScSf Scotland [ Bailii ] Â Hiskett and others v G and G Wilson and others [2003] ScotCS 290 25 Nov 2003 SCS Scotland [ Bailii ] Â Horne and others v Whyte and others [2003] ScotCS 291 25 Nov 2003 SCS Scotland [ Bailii ] Â Neely v Abbey National Plc EATS/0045/03; [2003] UKEAT 0045 - 03 - 2611 26 Nov 2003 EAT The Honourable Lord Johnston Employment, Scotland EAT Practice and Procedure - Preliminary issues [ Bailii ] - [ EATn ] Â Plank v Gner Ltd EATS/007/03; [2003] UKEAT 0072 - 03 - 2611 26 Nov 2003 EAT The Honourable Lord Johnston Employment, Scotland EAT Practice and Procedure - Review [ Bailii ] - [ EAT ] Â Glasgow City Council v D H and Another [2003] ScotCS 296 28 Nov 2003 SCS Scotland [ Bailii ] Â Secretary of State for Work and Pensions v Social Security Commissioners and Another [2003] ScotCS 292 28 Nov 2003 SCS Scotland [ Bailii ] Â Mon, Re Judicial Review [2003] ScotCS 295 28 Nov 2003 SCS Scotland [ Bailii ] Â Peter Phillips v Strathclyde Joint Police Board for Judicial Review of A Decision of A Medical Referee [2003] ScotCS 294 28 Nov 2003 OHCS Lord Drummond Young Scotland, Police [ Bailii ] - [ ScotC ] Â Petition of Romano Yee Mon for Judicial Review of the Decision of the Secretary of State for Home Department 28 Nov 2003 OHCS Lady Paton Scotland [ ScotC ] Â Alexander Cameron (Ap) v Ian Macintyre Gibson, As Executor Dative of the Late Dugald Macintyre and Another [2003] ScotCS 298; Times, 20 January 2004 2 Dec 2003 SCS Lord Drummond Young Scotland, Adoption An adoption order had been made, but at the time, the adopted child was over the maximum age. Application was made to set it aside. Held: Adoption orders could not be set aside save for where some fraud could be demonstrated to have been practised on the court. The applicant had been adopted as he reached 21 years of age in 1950, but without him being informed. The result had been as intended to disinherit him from his brother's estate. The issue of his age was a mistake as to fact. Though the circumstances leading to the adoption without the claimant's consent suggested fraud. If established a reduction might be made, but the claimant required yet to prove that it was not his signature. Adoption Act 1950 45 - Adoption Act 1978 46 47 1 Cites [ Bailii ] - [ ScotC ] Â Finnie v Finnie [2003] ScotSC 60 3 Dec 2003 ScSf Scotland [ Bailii ] Â Liffe Administration and Management v Scottish Ministers [2003] ScotCS 357 4 Dec 2003 SCS Lord Macfadyen Scotland Administration of Justice (Scotland) Act 1972 [ ScotC ] - [ Bailii ] Â King v Fife Council and Another [2003] ScotCS 303 5 Dec 2003 SCS Scotland [ Bailii ] Â Walker v Tidewater Cyprus Ltd [2003] ScotCS 299 5 Dec 2003 SCS Scotland [ Bailii ] Â Gailey v Environmental Waste Controls and others [2003] ScotCS 300 5 Dec 2003 SCS Scotland [ Bailii ] Â Thorburn and others v William Denny and Bros Ltd and others [2003] ScotCS 301 5 Dec 2003 SCS Scotland [ Bailii ] Â Ahmed v Ahmed [2003] ScotCS 306; 2004 SCLR 247 9 Dec 2003 SCS Scotland [ Bailii ] Â Dow v Sweeney [2002] ScotCS 346 9 Dec 2003 SCS Scotland [ Bailii ] Â Determination Into the Death of Nicola Welsh Under the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 11 Dec 2003 ScSf Sheriff F.R. Crowe Scotland, Coroners [ ScotC ] Â Prentice Island v Castle Contracting [2003] ScotSC 61 15 Dec 2003 ScSf Scotland [ Bailii ] Â Inquiry Into the Death of April Adam Under the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 15 Dec 2003 ScSf Sheriff R.E.G. Younger Scotland, Coroners [ ScotC ] Â Thomas and Another v Allan and Another [2003] ScotCS 312 16 Dec 2003 SCS Scotland [ Bailii ] Â Costain Ltd v Strathclyde Builders Ltd [2003] ScotCS 352 17 Dec 2003 SCS Scotland [ Bailii ] Â Gibson v Wood Group Engineering Ltd and Another [2003] ScotSC 63 18 Dec 2003 ScSf Scotland [ Bailii ] Â The Advocate General for Scotland As Representing Her Majesty's Commissioners of Customs and Excise v Bennett [2003] ScotCS 322 19 Dec 2003 OHCS Lord Clarke Scotland [ Bailii ] Â Fim Holdings v Grampian Assessor [2003] ScotCS 326 23 Dec 2003 SCS Scotland [ Bailii ] Â McGarry v Dosoo [2003] ScotCS 325 23 Dec 2003 SCS Scotland [ Bailii ] Â McGruther v Blin [2003] ScotCS 329 23 Dec 2003 SCS Scotland [ Bailii ] Â Akkaya, Re Application for Judicial Review [2003] ScotCS 324 23 Dec 2003 SCS Scotland [ Bailii ] Â Karen Mae Muir and others v Allan Cameron [2003] ScotCS 328 23 Dec 2003 OHCS M.G. Thomson, Q.C. Scotland [ ScotC ] - [ Bailii ] Â Abna Ltd, Re for Judicial Review [2003] ScotCS 349 23 Dec 2003 SCS Scotland [ Bailii ] Â Abna Ltd and Others, Re Application for Judicial Review [2003] ScotCS 327 23 Dec 2003 SCS Scotland [ Bailii ] Â East Lothian Council v Crane [2003] ScotSC 64 23 Dec 2003 ScSf Scotland [ Bailii ] Â Ercan Akkaya for Judicial Review of A Decision of the Secretary of State for the Home Department To Remove the Petitioner From the United Kingdom 23 Dec 2003 OHCS Lady Paton Scotland [ ScotC ] Â Mckie vStrathclyde Joint Police Board and others [2003] ScotCS 353 24 Dec 2003 SCS Lord Wheatley Scotland, Torts - Other 1 Cites [ ScotC ] - [ Bailii ] Â Ellison v Inspirations East Ltd [2003] ScotCS 341 24 Dec 2003 SCS Scotland [ Bailii ] Â Diamond and others v Pjw Enterprises Ltd [2003] ScotCS 343 24 Dec 2003 SCS Scotland [ Bailii ] Â Diamond and others v Pjw Enterprises Judicial [2003] ScotCS 354 24 Dec 2003 SCS Scotland [ Bailii ] Â Wormald v H J Walker and Co and others [2003] ScotCS 346 30 Dec 2003 SCS Scotland [ Bailii ] Â Mh v Bh [2003] ScotCS 347 30 Dec 2003 SCS Scotland [ Bailii ] Â Mep v Bh [2003] ScotCS 350 30 Dec 2003 SCS Scotland [ Bailii ] Â Hunter v Thomson and Another (T/A National Specialist Steeplejacks) [2003] ScotSC 65 31 Dec 2003 ScSf Scotland [ Bailii ] Â Hunter v S Thomson M Perfect Trading As National Specialist Steeplejacks 31 Dec 2003 ScSf Sheriff Principal I.D. Macphail, Q.C. Scotland [ ScotC ] Â
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