(Scotland) By the 2014 Act, the Scottish Parliament had provided that each child should have a named person to monitor that child’s needs, with information about him or her shared as necessary. The Institute objected that the imposed obligation to share information was outwith the powers of the Parliament. It extended the information to be … Continue reading The Christian Institute and Others v The Lord Advocate: SC 28 Jul 2016
The appellant challenged the grant of permission to the erection of wind turbines within sight of its golf course. Held: The appeal failed. The challenge under section 36 was supported neither by the language or structure of the 1989 Act, and ‘ The flexibility conferred on the Scottish Ministers in each of those conditions to … Continue reading Trump International Golf Club Scotland Ltd and Another v The Scottish Ministers (Scotland): SC 16 Dec 2015
Benefits which might be payable or recoverable in respect of damages should not be disregarded when the court considers what elements are to be allowed interest when calculating personal injury damages. Citations: Times 02-Dec-1998 Jurisdiction: England and Wales Citing: Appealed to – Wisely v John Fulton Plumbers Ltd (Scotland) and Wadey v Surrey County Council … Continue reading Wisely v John Fulton (Plumbers) Ltd: IHCS 2 Dec 1998
Since it was not impossible to assess after the event the environmental impact it was equally possible to order an environmental assessment after the event, and judicial review of decision was possible. Citations: Times 04-Jun-1998 Environment Updated: 10 April 2022; Ref: scu.89650
A contingency agreement for conduct of personal injury litigation was not a pactum de quota litis and the agreement was valid and enforceable Citations: Times 26-Feb-1998 Scotland, Legal Professions Updated: 09 April 2022; Ref: scu.85091
The pursuers reared salmon eggs to the age of two years (smolt), before then selling them on. The defenders caused an oil spill, and the area was designated as an exclusion zone preventing the pursuers continuing their trade and could not sell their smolt save at a much reduced price or not at all. Held: … Continue reading Landcatch Ltd v The Braer Corporation and Others: OHCS 6 Mar 1998
Reference to Parliamentary Papers behind Statute The inspector sought to tax the benefits in kind received by teachers at a private school in having their children educated at the school for free. Having agreed this was a taxable emolument, it was argued as to whether the taxable benefit was the cost to the employer, or … Continue reading Pepper (Inspector of Taxes) v Hart: HL 26 Nov 1992
Banker’s Liability for Negligent Reference The appellants were advertising agents. They were liable themselves for advertising space taken for a client, and had sought a financial reference from the defendant bankers to the client. The reference was negligent, but the bankers denied any assumption of a duty of care to a third party when purely … Continue reading Hedley Byrne and Co Ltd v Heller and Partners Ltd: HL 28 May 1963
Decomposed Snail in Ginger Beer Bottle – Liability The appellant drank from a bottle of ginger beer manufactured by the defendant. She suffered injury when she found a half decomposed snail in the liquid. The glass was opaque and the snail could not be seen. The drink had been bought for her by a friend, … Continue reading Donoghue (or M’Alister) v Stevenson: HL 26 May 1932
A yacht was damaged by boys who had escaped from the supervision of prison officers in a nearby Borstal institution. The boat owners sued the Home Office alleging negligence by the prison officers. Held: Any duty of a borstal officer to use reasonable care to prevent a borstal trainee from escaping from his custody, was … Continue reading Dorset Yacht Co Ltd v Home Office: HL 6 May 1970
The claimants challenged the 1967 Act, saying that it deprived them of their property rights when lessees were given the power to purchase the freehold reversion. Held: Article 1 (P1-1) in substance guarantees the right of property. Allowing a mechanism for the compulsory transfer of the freehold interest in the house and the land to … Continue reading James and Others v The United Kingdom: ECHR 21 Feb 1986
The council appealed a finding that there was no genuine material factor justifying a difference in pay, and in particular the availability of bonus schemes. Judges: Wilkie J, Benyon, Smith Citations: [2007] UKEAT 0684 – 05 – 2603 Links: Bailii Statutes: Equal Pay Act 1970 1(2)(b), EU Treaty 141, Equal Pay Directive (75/117/EEC) 1 Jurisdiction: … Continue reading South Tyneside Metropolitan Borough Council v Anderson and others: EAT 26 Mar 2007
EAT The claimant was employed to work as a standby carpenter by the respondents, for the production of ‘Sea of Souls’, for a period of some 24 weeks. His contract provided that his services would be required for up to 6 days each week and that regarding leave, he was entitled to 6 days of … Continue reading Sumsion v BBC (Scotland): EAT 21 Mar 2007
Wives had charged the family homes to secure their husband’s business borrowings, and now resisted possession orders, claiming undue influence. Held: Undue influence is an equitable protection created to undo the effect of excess influence of one person over the will of another, though it should not always be presumed to arise from the existence … Continue reading Royal Bank of Scotland v Etridge (No 2); Barclays Bank plc v Harris; Midland Bank plc v Wallace, etc: HL 11 Oct 2001
The plaintiff firm of solicitors sought to recover money which had been stolen from them by a partner, and then gambled away with the defendant. He had purchased their gaming chips, and the plaintiff argued that these, being gambling debts, were worthless, and that therefore no consideration had been given. Held: The casino’s defence succeeded. … Continue reading Lipkin Gorman (a Firm) v Karpnale Ltd: HL 6 Jun 1991
The appellant care worker fell in snow when visiting the respondent’s client at home. At issue was the admission and status of expert or skilled evidence. Held: Mrs Kennedy’s appeal succeeded. ‘There are in our view four considerations which govern the admissibility of skilled evidence: (i) whether the proposed skilled evidence will assist the court … Continue reading Kennedy v Cordia (Services) Llp: SC 10 Feb 2016
Police had discovered quantities of stolen goods at the appellant’s business premises. He was convicted of receiving stolen goods, and confiscation order made. He now appealed from the inclusion in that order of sums of VAT which had already been accounted for to HMRC. Held: (Hughes and Toulson JJSC dissenting) The defendant’s appeal succeeded. Including … Continue reading Harvey, Regina v: SC 16 Dec 2015
A Scottish search warrant was executable in England since it counted as a summary act under repealed legislation, though was also subject to the protection in England against searches of journalist’s materials. Times 22-Oct-1998, [1998] EWHC Admin 974 Criminal Procedure (Scotland) Act 1995, Police and Criminal Evidence Act 1984 England and Wales Citing: Mentioned – … Continue reading Regina v Manchester Stipendiary Magistrate, ex parte Granada Television Limited: Admn 16 Oct 1998
The two applicants were serving life sentences for murder. Each sought damages for the unlawful withdrawal of their rights to vote in elections, and the failure of the British parliament to take steps to comply with the judgment. Held: The appeals failed.Lord Mance summarised the reasons for his conclusions: ‘(A) Human Rights Act In respect … Continue reading Chester, Regina (on The Application of) v Secretary of State for Justice: SC 16 Oct 2013
The claimant complained of misfeasance in public office by the prisons for having opened and read protected correspondence whilst he was in prison. The respondent argued that he had suffered no loss. The judge had found that bad faith was established in three prison officers. In one case the officer opened the letter in front … Continue reading Watkins v Home Office and others: HL 29 Mar 2006
Freedom of Information (Scotland) Act 2002 (FOISA) sections 1(1) and (6) (General entitlement); 2(1)(a) and (2)(e)(ii) (Effect of exemptions); 38(1)(b), (2)(a)(i) and (2)(b) and (5) (definition of ‘the data protection principles’, ‘data subject’ and ‘personal data’) (Personal information) Data Protection Act 1998 (the DPA) sections 1(1) (Basic interpretative provisions) (definition of personal data); 2 (Sensitive … Continue reading Howarth and Chief Constable of The Police Service of Scotland: SIC 29 Apr 2015
(The High Court of Justiciary Scotland) The defendant sought to appeal against his convictions for murder and and assault. The HCJ in Scotland had refused to receive a devolution minute. Held: The refusal was itself sufficient to give the Board of the Council jurisdiction to hear the appeal. That decision was one for the Board. … Continue reading McDonald v Her Majesty’s Advocate: PC 16 Oct 2008
Mr Jamie Hepburn MSP (Mr Hepburn) requested from North Lanarkshire Council (the Council) the numbers of correspondence items received from individual MSPs, MPs and MEPs over a specified period of time. The Council withheld the information under the exemption in section 38(1)(b) of the Freedom of Information (Scotland) Act 2002 (FOISA), which allows public authorities … Continue reading Hepburn MSP and North Lanarkshire Council: SIC 16 Jul 2009
(Extra Division Inner House) ‘In this action for damages for personal injury three central issues arise: (1) Was the wardrobe pole which fell and injured the pursuer ‘work equipment provided by the defenders for use or used by an employee of theirs at work’ for the purpose of The Provision and Use of Work Equipment … Continue reading Coia v Portavadie Estates Ltd: SCS 6 Jan 2015
The absence of any other explanation for the unfair dismissal of a black worker, does not of itself and inescapably lead to finding of race bias, or racial discrimination. He had been dismissed following complaints of sexual harassment, later found to be unsupported. The tribunal reasoned that the dismissal was to be presumed to be … Continue reading Strathclyde Regional Council v Zafar; Zafar v Glasgow City Council: HL 16 Oct 1997
(Grand Chamber) The subsequent use against a defendant in a prosecution, of evidence which had been obtained under compulsion in company insolvency procedures was a convention breach of Art 6. Although not specifically mentioned in Article 6 of the Convention the right to silence and the right not to incriminate oneself are generally recognised international … Continue reading Saunders v The United Kingdom: ECHR 17 Dec 1996
The claimant appealed against the denial of her claim that the defendant had infringed her right to respect for her private life. She was a model who had proclaimed publicly that she did not take drugs, but the defendant had published a story showing a picture of her leaving a drug addiction clinic, along with … Continue reading Campbell v Mirror Group Newspapers Ltd (MGN) (No 1): HL 6 May 2004
A company’s ban on the provision of travel perks to same sex partners of employees did not constitute breach of European sex discrimination law. An employer’s policy was not necessarily to be incorporated into the contract of employment. The court said that since the rule applied equally to male and female employees it was not … Continue reading Grant v South West Trains Ltd: ECJ 17 Feb 1998
EAT WORKING TIME REGULATIONS – Holiday pay Mr Lock was at the material time employed by British Gas as a salesman. His remuneration package included a basic salary plus commission which was based on the number and type of contracts he persuaded customers to enter into; in other words it was results-based commission and did … Continue reading British Gas Trading Ltd v Lock and Another (Working Time Regulations : Holiday Pay): EAT 22 Feb 2016
(Grand Chamber) The applicant said that whilst a prisoner he had been banned from voting. The UK operated with minimal exceptions, a blanket ban on prisoners voting. Held: Voting is a right not a privilege. It was a right central in a democratic society. Though the right is not absolute, any limitation had to be … Continue reading Hirst v United Kingdom (2): ECHR 6 Oct 2005
Contractor not bound to accept Renunciation Mr McGregor contracted with the appellants for them to display advertisements for three years on litter bins. The contract was made on his behalf by an employee, without specific authority. On the day it was made, he sought to cancel the contract. Held: Where a party is in renunciatory … Continue reading White and Carter (Councils) Ltd v McGregor: HL 6 Dec 1961
EAT WORKING TIME REGULATIONS: HOLIDAY PAY – DAMAGES FOR BREACH OF CONTRACT – UNLAWFUL DEDUCTION FROM WAGES The EAT held that Article 7 of the Working Time Directive is to be interpreted such that payments for overtime which the employees in two appeals before it were required to work, though which their employer was not … Continue reading Bear Scotland Limited v Fulton, and similar: EAT 4 Nov 2014
The appellant had assaulted the respondent. He had accepted a caution for the offence, but the claimant had then pursued a private prosecution. He now appealed refusal of a stay, saying it was an abuse of process. Held: The defendant’s appeal succeeded. The caution had been a simple unconditional one. The notice accompanying it may … Continue reading Jones v Whalley: HL 26 Jul 2006
Scots Bills were Outwith Parliament’s Competence The AG questioned the constitutionaliity of Bills designed to give effect to two treaties to which the UK is a signatory, and passed by the Scottish Parliament as to the care of children. Held: The laws had effect also outside Scotland purporting to pre-empt the power of the UK … Continue reading References (Bills) By The Attorney General and The Advocate General for Scotland – United Nations Convention On The Rights of The Child and European Charter of Local Self-Government: SC 6 Oct 2021
There are no degrees of nullity The plaintiffs had owned mining property in Egypt. Their interests were damaged and or sequestrated and they sought compensation from the Respondent Commission. The plaintiffs brought an action for the declaration rejecting their claims was a nullity. The Commission replied that the courts were precluded from considering the question … Continue reading Anisminic Ltd v Foreign Compensation Commission: HL 17 Dec 1968
The twelve applicants had been unfairly dismissed by the transferor immediately before the transfer, and for a reason connected with the transfer under section 8(1). The question was whether the liability for unfair dismissal compensation transferred to the transferee. Held: It is the duty of a UK court to construe a statute, so far as … Continue reading Litster and Others v Forth Dry Dock and Engineering Co Ltd: HL 16 Mar 1989
Parish Councils are Hybrid Public Authorities The owners of glebe land were called upon as lay rectors to contribute to the cost of repairs to the local church. They argued that the claim was unlawful by section 6 of the 1998 Act as an act by a public authority incompatible with a Convention right. Held: … Continue reading Parochial Church Council of the Parish of Aston Cantlow and Wilmcote with Billesley, Warwickshire v Wallbank and another: HL 26 Jun 2003
Employer can be liable for Managers Harassment The claimant employee sought damages, saying that he had been bullied by his manager and that bullying amounting to harassment under the 1997 Act. The employer now appealed a finding that it was responsible for a tort committed by a manager, saying that the intention of the Act … Continue reading Majrowski v Guy’s and St Thomas’ NHS Trust: HL 12 Jul 2006
krishna_statePC11 (Trinidad and Tobago) The applicant appealed against his conviction for murder, complaining as to the way a former co-accused had been allowed to give evidence and the admission of a confession, saying that he had been beaten by police officers. Held: Though the judge when mentioning the voir dire was following the then practice, … Continue reading Krishna v The State: PC 6 Jul 2011
In each of three cases, the plaintiffs had suffered serious injury. They complained that the court had made a substantial reduction of their damages award for loss of future earnings and the costs of future care. Held: The appeals succeeded. The purpose of an award of damages in tort was to make good to the … Continue reading Wells v Wells; Thomas v Brighton Health Authority; etc: HL 16 Jul 1998
A predecessor bank had created a trust into which it paid a small proportion of its profits. The parties now disputed the calculation of profits when the Bank declared a loss which allowed for an unrealised gain on the acquisition of HBOS. Accounting standards had changed on the introduction of the EC Regulations, which now … Continue reading Lloyds TSB Foundation for Scotland v Lloyds Banking Group Plc: SC 23 Jan 2013
The court was asked whether the duty under article 5 to provide prisoners with a real opportunity for rehabilitation applied to prisoners serving extended sentences. The prisoner was subject to an extended sentence, but had been released on licence and, after a breach, recalled. Having served the full original sentence, he now complained that the … Continue reading Brown v The Parole Board for Scotland, The Scottish Ministers and Another: SC 1 Nov 2017
The defendant solicitors had each acted for banks in completing charges over property. They had given the standard agreed form of undertaking to secure a good and marketable title, and the banks now alleged that they were in breach because undisclosed covenants variously restricted future development of the land. Held: The standard solicitor’s undertaking to … Continue reading Barclays Bank Plc v Weeks Legg and Dean (a Firm); Barclays Bank Plc v Lougher and Others; Barclays Bank Plc v Hopkin John and Co: CA 21 May 1998
The applicant’s property was charged to the defendant. At the time it was not occupied. The mortgage fell into arrears, and after serving notice at the property, the bank took posssession and sold the property at auction. The claimants said the bank should have taken possession only after court proceedings. Held: A lender taking possession … Continue reading Ropaigealach v Barclays Bank plc: CA 6 Jan 1999
The claimant said that the medical member of the tribunal which had heard his disability claim was biased. The doctor was on a temporary contract and also worked for an agency which contracted directly the Benfits Agency. The court of session had considered tha a reasonable and well informed observer would not think there was … Continue reading Gillies v Secretary of State for Work and Pensions: HL 26 Jan 2006
The taxpayer insurance company had transferred sums from accounts designated as Capital Reserves. The Revenue said that these were properly part of the profit and loss accounts for the respective tax years, and chargeable receipts. Held: The Revenue’s cross appeal succeeded. As a life assurance company, the amounts to be taken into account in computing … Continue reading Scottish Widows Plc v Revenue and Customs: SC 6 Jul 2011
coote_granadaECJ1998 The employer had refused to provide a reference after the claimant had left the company after making a sex discrimination claim. She said this was victimisation. Held: The state has a duty to protect workers against retaliation after employment has been terminated by employers against who claim for sex discrimination had been successful. Victimisation … Continue reading Coote v Granada Hospitality Ltd: ECJ 22 Sep 1998
The Court upheld decisions striking out actions for negligence brought by claimants who had been arrested and held in custody during criminal investigations which were later discontinued. The Crown Prosecution Service owes no general duty of care to a defendant in its conduct of a prosecution. The court must not confuse the immunity rule which … Continue reading Elguzouli-Daf v Commissioner of Police of the Metropolis and Another: CA 16 Nov 1994
The appellant owned farmland tenanted by a limited partnership. One partner gave notice and the remaining partners indicated a claim for a new tenancy. He was prevented from recovering possession by section 72 of the 2003 Act. Though his claim had . .
The claimant had been a passenger in a car driven by his now partner. They had an accident in New South Wales. The car was insured in Australia. He sought leave to sue in England and Wales because Australian law would limit the damages.
Held: . .
Fraudsters had successfully contrived to sell shares of others, by re-registering the shares to new addresses and requesting new certificates. The question was which of the company, the company registrars and the stockbrokers should bear the loss. . .
The court considered whether a party can avoid a contract procured by duress in circumstances where he cannot offer the other party substantial restitutio in integrum.
Held: Unless the claimant could offer counter-restitution, the remedy of . .
A minister of the Presbyterian Church of Wales who had been inducted pastor of a united pastorate in Wales claimed unfair dismissal.
Held: If the existence or otherwise of the relationship of employer and employee is dependent solely upon the . .
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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 … Continue reading Dyer v Watson and Burrows: PC 29 Jan 2002
Judges: Lord Justice General Emslie Citations: 1989 SLT 121 Statutes: Misiuse of Drugs Act 1971 28(2) Jurisdiction: Scotland Cited by: Cited – Salmon and Moore v Her Majesty’s Advocate HCJ 13-Nov-1998 The court considered the burden of proof placed on the prosecution under s28 of the 1971 Act. Held: ‘Subsections (2) and (3) of Section … Continue reading Regina v Mackenzie: HCJ 1989
Notes of meetings – On 4 July 2013 and 19 September 2013, Mr R asked the Scottish Prison Service (the SPS) for notes taken at meetings held on those respective dates. In relation to the first request, the SPS advised Mr R to submit a subject access request under the Data Protection Act 1998 (the … Continue reading R v Scottish Prison Service: SIC 2 May 2014
(From High Court of Justiciary (Scotland)) The defendant had been convicted of drug trafficking. He complained that the following confiscation order had infringed his human rights being based an assumption of guilt and which was incompatible with his article 6 rights. The first question was whether he remained a person ‘charged with a criminal offence’. … Continue reading Her Majesty’s Advocate and Another v Mcintosh: PC 5 Feb 2001
A pursuer in an action for breach of copyright must take either an account of profits or additional damages but not both. Citations: Times 02-May-1997 Statutes: Copyright Designs and Patents Act 1988 96(2) 97 Jurisdiction: Scotland Cited by: Appeal from – Redrow Homes Ltd and others v Bett Brothers Plc and others HL 22-Jan-1998 Additional … Continue reading Redrow Homes Ltd v Bett Brothers Plc: IHCS 2 May 1997
The claimant sought damages, saying that he had been unlawfully detained when found unfit to plead in 1997. Held: The claim failed. (a) The 1964 Act, and its Scottish equivalent, did not authorise anything that was arbitrary. (b) It followed that Parliament did not, by the 1986 Order, pass subordinate legislation which authorised arbitrary detention … Continue reading Juncal, Regina (on the Application of) v Secretary of State for the Home Department and others: Admn 19 Dec 2007
PC (Turks and Caicos Islands) The parties disputed whether sums paid to the company had been by way of loan or as capital contributions which after payment of debts were distributable among the shareholders. Held: The appeal was dismissed: ‘If the shareholders of a company agree to increase its capital without a formal allocation of … Continue reading Kellar v Williams: PC 7 Feb 2000
Claim alleging misselling of interest rate hedging products. The court considered the defendants strike out application, and applications for leave to amend pleadings. Held: it will normally be appropriate for summary judgment to be pursued on a limitation point by an application made under CPR 24.2 and preferably after the claimant has had an opportunity … Continue reading Boyse (International) Ltd v Natwest Markets Plc and Another: ChD 27 May 2020
The parties sought guidance from the court on the circumstances which arose in ancillary relief proceedings where a legal representative came to believe that one party might be holding the proceeds of crime. In the course of ancillary relief proceedings, the parties legal representatives concluded that some part of the matrimonial assets might represent the … Continue reading P v P (Ancillary Relief: Proceeds of Crime): FD 8 Oct 2003
In adoption proceedings, ML refused her consent to the proposed adoption. She argued that the provision in the 1997 Act (allowing a court to dispense with her consent) was beynd the competence of the Scottish Parliament, and infringed her right to family life. Judges: Lord President, Lady Paton, Lord Kingarth Citations: [2011] ScotCS CSIH – … Continue reading ANS and Another v ML: SCS 21 Jun 2011
The claimant, a former Anglican priest, sued in defamation. The defendant argued that the claim was non-justiciable since it would require the court to adjudicate on matters of faith and religious doctrine. Held: The claim could not be heard. Gray J said: ‘It is well established . . that the court will not venture into … Continue reading Blake v Associated Newspapers Ltd: QBD 31 Jul 2003
The appellant challenged his conviction saying that there had been too long a delay in his trial. Judges: Lady Paton, Lord Mackay of Drumadoon, Lady Cosgrove Citations: [2012] ScotHC HCJAC – 161, 2013 SLT 126, 2013 SCCR 67, 2013 GWD 1-21, 2013 SCL 128 Links: Bailii Jurisdiction: Scotland Citing: Cited – Attorney-General’s Reference (No 2 … Continue reading Her Majesty’s Advocate v CAM: ScSf 21 Nov 2012
Money had been loaned for the purchase of three ships,and mortgages over the ships had been given given. The borrowers were in default, and the lender sought to arrest the vessels. The defendant argued that the way the arrest had been undertaken caused additional losses. Held: The Bank’s actions constituted a breach of the obligation … Continue reading Den Norske Bank Asa v Acemex Management Company Ltd: CA 7 Nov 2003
Mother and father disputed whether the father should be allowed contact with their child S. Court orders had been made for residential and non-residential contact, but there were difficulties and the order for contact was reversed on the basis that S was hostile to it. Held: The father’s appeal failed. A parent continued to have … Continue reading NJDB v JEG and Another: SC 23 May 2012
A Church of England Assistant Curate is not an employee, but rather a holder of an ecclesiastical office. There is a presumption that ministers of religion were office-holders who did not serve under a contract of employment. Accordingly he is not entitled to claim to have been unfairly dismissed under the legislation. Mummery LJ said: … Continue reading Reverend Doctor A B Coker v Diocese of Southwark; Bishop of Southwark and Diocesan Board of Finance: CA 11 Jul 1997
The deceased had a valuable life insurance policy. Before an operation he wrote it in trust with no consideration. He died in the operation. He was insolvent. The issue was as to when the policy was to be valued. Held: The property was to be valued at the time it was assigned. Following Brewin Dolphin, … Continue reading Re Thoars (Dec’d); Reid v Ramlort Ltd: ChD 15 Nov 2002
ECHR Preliminary objection rejected (six month period); No violation of Art. 10 – ‘The phrase ‘authority of the judiciary’ includes, in particular, the notion that the courts are, and are accepted by the public at large as being, the proper forum for the settlement of legal disputes and for the determination of a person’s guilt … Continue reading Worm v Austria: ECHR 29 Aug 1997
Child born after vasectomy – Damages Limited Despite a vasectomy, Mr MacFarlane fathered a child, and he and his wife sought damages for the cost of care and otherwise of the child. He appealed a rejection of his claim. Held: The doctor undertakes a duty of care in regard to the prevention of pregnancy: it … Continue reading MacFarlane and Another v Tayside Health Board: HL 21 Oct 1999
Breaches of the Data Protection Act 1998: Failure to respond within statutory timescales Citations: [2014] ScotIC 156 – 2014 Links: Bailii Statutes: Data Protection Act 1998 Jurisdiction: Scotland Information Updated: 07 October 2022; Ref: scu.535271
The applicant objected to his proposed extradition to Albania, saying that he would not receive a fair trial. An examination of the reports disclosed that counsel for the Lord Advocate’s analysis of them was correct. None of the examples of the particular deficiencies in the judicial system impacted on circumstances in which the appellant would … Continue reading Kapri v The Lord Advocate for and On Behalf of The Court of First Instance Judicial District of Elbasan, Albania: HCJ 2 Feb 2012
The claimants sought to prevent the respondents from starting an evening newspaper entitled ‘THE MAIL’ as an infringement of their registered mark, and as passing off. In turn the defendant challenged the validity of the mark. Held: The word ‘Mail’ has not acquired a descriptive meaning, and nor is there any requirement in the law … Continue reading Associated Newspapers Limited, Daily Mail and General Trust Plc v Express Newspapers (an Unlimited Company, Incorrectly Sued As Express Newspapers Limited): ChD 11 Jun 2003
The Lord Advocate appealed against three decisions as to the use to be made of interviews where the detainees had not been given access to lawyers. In each case the prosecutor now appealed after their convictions had been overturned in the light of the decision in Cadder. Held: (Lord Kerr dissenting) The prosecutor’s appeals failed. … Continue reading Jude v Her Majesty’s Advocate: SC 23 Nov 2011
Information relating to graduating students – Mr Ralph Lucas requested from the University of Glasgow (the University) statistical data relating to certain students who had graduated from the University in the academic years 2006/7 to 2008/9 inclusive. The University responded by advising Mr Lucas that it considered the information to be exempt from disclosure in … Continue reading Ralph Lucas and University of Glasgow: SIC 8 Aug 2011
The officer had been injured in an accident in a police van. He developed multiple sclerosis only a short time afterwards. The respondent denied that the accident caused the MS. Held: There is no proof of what causes MS, but it was common ground that trauma never causes the disease. The question was whether trauma … Continue reading Dingley v Chief Constable of Strathclyde Police: HL 11 May 2000
The Claimant claimed on a letter of credit issued by the Defendant on behalf of Enron Ltd, who asserted it was not liable to pay there having been unlawful behaviour by Enron Ltd. Swap agreements had been entered into, and the defendant said the claimant was in effect a shell company. The bank would not … Continue reading Mahonia Limited v JP Morgan Chase Bankwest Lb Ag: QBD 3 Aug 2004
Facts Mr Milne wrote to Angus Council requesting all of the information that related to him, including minutes of meetings, internal memos, correspondence and e-mails. Mr Milne was informed on a number of occasions that his request constituted a request for personal information about himself and should be dealt with under the Data Protection Act … Continue reading Milne v Angus Council: SIC 13 Dec 2005
The parties disputed the effect of an option clause in a lease, and particularly whether, when fixing the price, potential for development was to be included. The clause required the ‘full market value’ to be paid. The tenant appealed. Held: The appeal failed. Lord Hope said: ‘The court’s task is to ascertain the intention of … Continue reading Multi-Link Leisure Developments Ltd v Lanarkshire Council: SC 17 Nov 2010
The US established a base at Menwith Hill in Yorkshire, and provided educational services through its staff to staff families. The claimant a teacher employed at the base alleged that a report on her was defamatory. The defendant relied on state immunity. Held: A claim in libel was defeated by a claim of sovereign immunity. … Continue reading Holland v Lampen-Wolfe: HL 20 Jul 2000
(Opinion) The petitioner sought review of the 2010 Act, saying that its provisions related to matters reserved to the UK parliament by the 1998 Act, and were therefore outwith the powers granted to the Scottish Parliament. Held: The petition for judicial review was rejected. None of the appellants’ challenges to the legislative competence of the … Continue reading Imperial Tobacco Ltd, Re Judicial Review: SCS 30 Sep 2010
Accessory Liability in Tort The court considered the concept of accessory liability in tort. Activists had caused damage to vessels of the respondent which was transporting live tuna in cages, and had caused considerable damage. The appellant company owned the ship from which the attacks were made, but denied direct involvement in or responsibility for … Continue reading Sea Shepherd UK v Fish and Fish Ltd: SC 4 Mar 2015
The claimant’s daughter had committed suicide after being given home leave on a secure ward by the respondent mental hospital. A claim in negligence had been settled, but the parents now appealed refusal of their claim that the hospital had failed in its article 2 duty to respect her right to life. Held: The decision … Continue reading Rabone and Another v Pennine Care NHS Trust: CA 21 Jun 2010
The appellant challenged dismissal of her claim for equal pay. It had been rejected on the ground that the employer had shown a material factor justifying the difference in pay. Held: Enderby establishes that the burden of proving sex discrimination lies initially on the employee. The burden of proof in indirect discrimination cases should be … Continue reading Nelson v Carillion Services Ltd: CA 15 Apr 2003
The court was asked: ‘Was it unlawful for the Secretary of State for Health, the respondent, who had power to make provisions for the functioning of the National Health Service in England, to have failed to make a provision which would have enabled women who were citizens of the UK, but who were usually resident … Continue reading A and B, Regina (on The Application of) v Secretary of State for Health: SC 14 Jun 2017
(Scotland) The respondent was to be extradited to Taiwan to serve the balance of a prison term. His appeal succeeded and the order quashed on the basis that his treatment in the Taiwanese prison system would infringe his human rights. The Lord Advocate now appealed. Held: The question was a devolution issue, being ‘a question … Continue reading Lord Advocate (Representing The Taiwanese Judicial Authorities) v Dean: SC 28 Jun 2017
Citations: [2012] ScotHC HCJAC – 84 Links: Bailii Statutes: Extradition Act 2003 Jurisdiction: Scotland Citing: See Also – Kapri v The Lord Advocate for and On Behalf of The Court of First Instance Judicial District of Elbasan, Albania HCJ 2-Feb-2012 The applicant objected to his proposed extradition to Albania, saying that he would not receive … Continue reading Kapri v The Lord Advocate Representing The Government of The Republic of Albania: HCJ 1 Jun 2012
The Court was asked whether it would be compatible with the appellant’s Convention rights within the meaning of the Human Rights Act 1998 for the appellant, who is an Albanian national, to be extradited to Albania. On 7 April 2001, while he was in the United Kingdom as an illegal immigrant, another Albanian national named … Continue reading Kapri v The Lord Advocate (Representing The Government of The Republic of Albania): SC 10 Jul 2013
The applicants were detained at Rampton. The form of detention denied the access to space in which they would be able to smoke cigarettes to comply with the law. Held: The claim failed. The legislative objectives were sufficiently serious to support as rational the imposition of the rules. Having a mental illness is not a … Continue reading G, Regina (on the Application of) v Nottinghamshire Healthcare NHS Trust: Admn 20 May 2008
The claimant taxi driver sought to assert race discrimination. The respondent argued that he had not been an employee, but an independent contractor. The Claimant owned his own vehicle and paid the respondents minicab operators pounds 75 per week for a radio and access to their company system, which allocated calls from customers to a … Continue reading Mingeley v Pennock and Another (T/A Amber Cars): CA 9 Feb 2004
Mrs Brown was employed by Rentokil as a driver, transporting and changing ‘Sanitact’ units in shops. In her view, it was heavy work. She told Rentokil that she was pregnant. She had difficulties associated with the pregnancy. From 16 August 1990 onwards, she submitted a succession of four-week certificates mentioning various pregnancy-related disorders. She did … Continue reading Brown v Rentokil Ltd: IHCS 10 Mar 1995
The parties disputed whether Mr Smith had been an employee of or worker with the company so as to bring associated rights into play. The contract required the worker to provide an alternate worker to cover if necessary. Held: The company’s appeal failed. Mr Smith was a worker: ‘there were features of the contract which … Continue reading Pimlico Plumbers Ltd and Another v Smith: SC 13 Jun 2018
The claimant’s daughter had committed suicide whilst on home leave from a hospital where she had stayed as a voluntary patient with depression. Her admission had followed a suicide attempt. The hospital admitted negligence but denied that it owed her a positive obligation to protect life under Article 2. Held: The claimants’ appeal succeeded. The … Continue reading Rabone and Another v Pennine Care NHS Foundation: SC 8 Feb 2012
Procedures on Withdrawal of Life Support Treatment The patient had been severely injured in the Hillsborough disaster, and had come to be in a persistent vegetative state (PVS). The doctors sought permission to withdraw medical treatment. The Official Solicitor appealed against an order of the Court of Appeal permitting the action. Held: The appeal failed. … Continue reading Airedale NHS Trust v Bland: HL 4 Feb 1993
Citations: [2008] ScotHC HCJAC – 78 Links: Bailii Jurisdiction: Scotland Cited by: Cited – Kapri v The Lord Advocate (Representing The Government of The Republic of Albania) SC 10-Jul-2013 The Court was asked whether it would be compatible with the appellant’s Convention rights within the meaning of the Human Rights Act 1998 for the appellant, … Continue reading Trajer v The Lord Advocate: HCJ 19 Dec 2008
This appeal is concerned with a challenge to the legality of legislation of the Scottish Parliament which deprives a person, A, who is accused of sexual activity with an under-aged person, B, of the defence that he or she reasonably believed that B was over the age of 16, if the police had previously charged … Continue reading AB v Her Majesty’s Advocate: SC 5 Apr 2017
The claimant, a cabin crew member of the defendant’s staff sought damages for sex discrimination. Held: Sedley LJ said that the pool chosen should be that which suitably tests the particular discrimination complained of. Judges: Sedley LJ s Citations: [2007] EWCA Civ 1020, [2008] IRLR 74 Links: Bailii Statutes: Equal Pay Act 1970 1 Jurisdiction: … Continue reading Grundy v British Airways Plc: CA 23 Oct 2007
Opinion ‘In this reclaiming motion, the pursuer and reclaimer seeks recall of an interlocutor dated 18 March 2003 by which the Lord Ordinary dismissed her action for declarator that a pretended marriage between the parties at Stirling Registry office on 22 June 1998 was null by reason of lack of consent by the parties to … Continue reading SH v KH: SCS 13 Oct 2005
