Tag: Scotland

Tl Russell and Others v Transocean International Resources Ltd and Others: SCS 19 Oct 2010

Citations:

[2010] ScotCS CSIH – 82

Links:

Bailii

Jurisdiction:

Scotland

Citing:

See Also – Craig and Others v Transocean International Resources Ltd EAT 16-Dec-2008
EAT Working Time Regulations.
Annual leave of offshore workers. Whether employers had given regulation 15 notices. Whether annual leave could be taken out of onshore ‘field breaks’.
Appeal allowed and . .
Appeal from – Transocean International Resources Ltd and others v Russell and others EAT 4-Oct-2006
EAT The claimants were offshore workers the vast majority of whom were employed to work on installations situated on or over the UK Continental Shelf (‘UKCS’). They presented applications to the Employment . .

Cited by:

Appeal from – Russell and Others v Transocean International Resources Ltd and Others SC 7-Dec-2011
russell_transocean
The appellants worked on various shifts for the defendants in off-shore oil-fields. They were given on-shore rest breaks, which the employers said should count toward their holiday entitlements.
Held: The Court dismissed the employees’ appeal . .
Lists of cited by and citing cases may be incomplete.

Scotland

Updated: 25 August 2022; Ref: scu.425366

Falconar Stewart v Wilkies: SCS 16 Mar 1892

A person disponed heritable estate to persons in a certain order of succession ‘under this declaration, burden, and condition, that in the event of any part of the said lands and estate . . that may remain unsold at my death being thereafter sold or disposed of or excambed by any proprietor or possessor of the same, or adjudged or attempted to be adjudged or carried away in any manner of way for his or her debt, that then and in any of these events there shall be paid out of the price of the lands . . if and when sold, or created a real lien and burden upon the same if they shall remain unsold, to and in favour of such of the children of G. F. as may then be in existence, or to their heirs equally to and among them, the sum of pounds 10,000.’ . . One of the proprietors of the estate under this disposition gratuitously disponed it to a line of heirs so that shortly the estate would be given to a person not within the line originally pointed out.
Held that there was an obligation upon such person on succeeding to the estate to create a real burden over it for the sum of pounds 10,000 in favour of the children of G. F. or their heirs.

Judges:

Lord Kyllachy, Ordinary

Citations:

[1892] SLR 29 – 534

Links:

Bailii

Jurisdiction:

Scotland

Wills and Probate

Updated: 18 August 2022; Ref: scu.613479

Aberdeen Asset Management Plc v HM Revenue and Customs: SCS 23 Oct 2013

Inner House – The Court analysed the nature of the rights which a tax avoidance scheme, involving an offshore employee benefits trust and family benefit trusts and shares in Isle of Man companies, had conferred on the relevant employees. The employing company had accepted that the sums which it had paid though the employee benefits trust to an Isle of Man company were taxable as emoluments and that the scheme was ineffective to reduce the value of those emoluments. The question was whether the employing company was liable to pay the tax under the PAYE system or the benefited employees individually should pay. The issue, to which the gloss was unexceptionably applied, was whether the money in an Isle of Man company, whose shares the employee had acquired through the scheme, was to be treated as being received by the employee so that there was ‘payment’ within the meaning of section 203 of ICTA and the 1993 Regulations.
Held: Lord Drummond Young said: ‘In considering what amounts to payment for the purposes of the PAYE legislation, it is important in my opinion to bear in mind that money is a medium of exchange. In practical terms, therefore, the crucial question is whether funds have been placed in a position where as a practical matter they may be spent by the employee as he wishes; it is at that point that the employee can be said to obtain the benefit of those funds. If the PAYE legislation is construed purposively it is in my view obvious that it is such a benefit that is to be taxed. For this purpose it is not appropriate to deconstruct the precise legal nature of the employee’s rights, drawing fine distinctions according to the methods that he must adopt in order to use the funds for his benefit. The fact that the employee has practical control over the disposal of the funds is sufficient to constitute a payment for the purposes of the legislation.’

Judges:

Lord Drummond Young, Lord President (Lord Gill) and Lord Glennie

Citations:

[2013] ScotCS CSIH – 84, 2014 SC 271, 2013 GWD 40-773, [2013] BTC 726, [2014] STC 438, 2014 SLT 54

Links:

Bailii

Jurisdiction:

Scotland

Citing:

At FTTTx – Aberdeen Asset Management Plc v Revenue and Customs FTTTx 29-Oct-2010
Income Tax; emoluments; money’s worth; transfer of shares; readily convertible asset; Ramsay approach; tax avoidance scheme; Employee Benefit Trust; Discounted Options Scheme for employees in financial services industry; establishment of employee . .
At UTTC – Aberdeen Asset Management Plc v HMRC UTTC 9-Dec-2011
UTTC Income Tax; emoluments; tax avoidance scheme; transfer of shares; whether a payment -No; whether shares a readily convertible asset – Yes; Income and Corporation Taxes Act 1988 sections 1, 19, 131, 202AandB, . .

Cited by:

Cited – RFC 2012 Plc (Formerly The Rangers Football Club Plc) v Advocate General for Scotland SC 5-Jul-2017
The Court was asked whether an employee’s remuneration is taxable as his or her emoluments or earnings when it is paid to a third party in circumstances in which the employee had no prior entitlement to receive it himself or herself.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Income Tax

Updated: 18 August 2022; Ref: scu.517015

Ben Henderson and Perth and Kinross Council: SIC 5 Jan 2012

Mr Ben Henderson asked Perth and Kinross Council (the Council) for (a) information relating to the actions and practices of Building Standards staff which resulted in recent disciplinary action, and (b) information on actions or practices of staff in the past which gave reason for suspicion that Council staff, particularly those from the Building Standards and Planning section, may have been involved in similar actions or practices prior to the current case. The Council refused to disclose the information on the basis that it was exempt from disclosure under sections 30(c) (effective conduct of public affairs) and 38(1)(b) (personal data) of the Freedom of Information (Scotland) Act 2002 (FOISA). Following a review, Mr Henderson remained dissatisfied and applied to the Commissioner for a decision.
Following an investigation, the Commissioner found that the Council had partially failed to deal with Mr Henderson’s request for information in accordance with Part 1 of FOISA.
The Commissioner found that by applying the exemption in section 38(1)(b) of FOISA to all of the withheld information, which fell within scope of part (a) of Mr Henderson’s request, the Council complied with Part 1.
However, in failing to notify Mr Henderson that it does not (and did not at the time of Mr Henderson’s request) hold any relevant recorded information which would address part (b) of his request, the Council failed to comply with Part 1 and in particular section 17(1) of FOISA. Since this decision makes the position clear on this point, the Commissioner did not require the Council to take any action in relation to this breach.

Citations:

[2012] ScotIC 003 – 2012)

Links:

Bailii

Jurisdiction:

Scotland

Information

Updated: 16 August 2022; Ref: scu.451505

Lord Advocate v Dean: HCJ 24 Nov 2016

Application for Leave to Appeal to UK Supreme Court – refused

Judges:

Lady Paton, Lord Drummond Young, Lady Clark of Calton

Citations:

[2016] ScotHC HCJAC – 117, 2017 SCCR 17, 2017 SCL 170, 2016 GWD 38-672, 2017 SLT 121

Links:

Bailii

Jurisdiction:

Scotland

Citing:

See Also – Dean v The Lord Advocate and Another HCJ 23-Sep-2016
Application for Leave to Appeal to UK Supreme Court – refused . .

Cited by:

Leave refused (2) – Lord Advocate (Representing The Taiwanese Judicial Authorities) v Dean SC 28-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 . .
Lists of cited by and citing cases may be incomplete.

Extradition

Updated: 16 August 2022; Ref: scu.577920

Special Case – The Trustees of James Spears and Others: SCS 21 Jun 1873

Circumstances in which held (1) that a widow was not entitled to a liferent of a residue; and (2) that trustees (though not bound) were entitled to make advances from the income of the estate for the education and maintenance of the children.

Citations:

[1873] SLR 10 – 509

Links:

Bailii

Jurisdiction:

Scotland

Trusts

Updated: 16 August 2022; Ref: scu.576809

Dean v The Lord Advocate and Another: HCJ 23 Sep 2016

Application for Leave to Appeal to UK Supreme Court – refused

Citations:

[2016] ScotHC HCJAC – 83, 2017 SCCR 17, 2016 GWD 38-672, 2017 SCL 170, 2017 SLT 121

Links:

Bailii

Statutes:

European Convention on Human Rights 3, Extradition Act 2003

Jurisdiction:

Scotland

Cited by:

See Also – Lord Advocate v Dean HCJ 24-Nov-2016
Application for Leave to Appeal to UK Supreme Court – refused . .
Leave refused – Lord Advocate (Representing The Taiwanese Judicial Authorities) v Dean SC 28-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 . .
Lists of cited by and citing cases may be incomplete.

Extradition, Human Rights

Updated: 16 August 2022; Ref: scu.577887

Glen Cawthra and Orkney Islands Council: SIC 9 Oct 2014

SIC On 4 June 2014, Mr Cawthra asked Orkney islands Council (the Council) for information relating to a specified route over a period of 15 years. The Council provided Mr Cawthra with some information, but informed him that it was not obliged to comply with his request as the cost of doing so would be more than andpound;600.
Following an investigation, the Commissioner concluded that there was insufficient evidence to allow her to accept the Council’s cost estimate. She required the Council to give another response to Mr Cawthra’s request.

Citations:

[2014] ScotIC 219 – 2014

Links:

Bailii

Jurisdiction:

Scotland

Information

Updated: 16 August 2022; Ref: scu.538106

Kapri v The Lord Advocate Representing The Government of The Republic of Albania: HCJ 1 Jun 2012

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 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 . .

Cited by:

Appeal from – 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, who is an Albanian national, to be extradited to Albania. On 7 April 2001, while he was in . .
See Also – Kapri v Her Majesty’s Advocate (For The Republic of Albania) HCJ 25-Apr-2014
. .
See Also – Kapri v Her Majesty’s Advocate, Re In The Application By (Albania) HCJ 17-Jun-2014
. .
Lists of cited by and citing cases may be incomplete.

Extradition

Updated: 16 August 2022; Ref: scu.515061

Multi-Link Leisure Developments v North Lanarkshire Council: SCS 30 Dec 2009

Landlords appealed against a ruling that the ‘full market value’ of the presents to be paid by the tenants on exercising an option contained in their lease was to be set by reference to its intended use.
Held: The appeal succeeded. The words ‘full market value’ were to be construed as meaning what they said. Considerations which might be relevant to market value were not to be ignored unless there were express words to that effect. Decree was pronounced in terms of the conclusion to the landlords’ counterclaim, to the effect that the contract resulting from the exercise of the option clause had been rescinded, the option was spent and it could not be exercised during the remaining term of the lease.

Judges:

Lords Carloway and Hardie and Sir David Edward QC

Citations:

[2009] ScotCS CSIH – 96, 2010 SC 302

Links:

Bailii

Citing:

Appeal From – Multi Link Leisure Developments Ltd v North Lanarkshire Council SCS 31-Jul-2009
The tenant exercised an option in the lease for the purchase of the land. The parties disputed the price payable.
Held: The tenant succeeded. The full market value was to be assessed by reference only to the use of the subjects as a golf . .

Cited by:

Appeal from – Multi-Link Leisure Developments Ltd v Lanarkshire Council SC 17-Nov-2010
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: . .
Cited – Royal Bank of Scotland Plc v Wilson and Another SC 24-Nov-2010
(Scotland) Neighbours had each granted a standard security over their respective properties to the bank. The charge agreements contained personal covenants to repay the sums borrowed on demand. The land-owners appealed against an order for . .
Lists of cited by and citing cases may be incomplete.

Scotland, Contract

Updated: 11 August 2022; Ref: scu.392560

Paterson’s Trustees v Caledonian Heritable Security Co (Ltd), and Liquidator: SCS 17 Dec 1885

A heritable security company, the objects of which were to lend money on heritable security, and to ‘receive money by way of loan by cash-credit, debenture, deposit, or otherwise,’ and to do all such things as were conducive to these objects, received through their manager a loan, which he applied to the purchase of heritable property over which the company had lent money on a postponed bond, and which the prior bondholder had brought to sale. There being a doubt as to the company’s power to hold heritage, the manager made the purchase in his own name; he also granted the lender a bond for his money over the subjects. The company and its liquidator afterwards disputed liability for the loan, on the ground that the company had no authority to purchase or hold heritable property, that the manager was the proper debtor, and that he had no authority from the directors for the transaction. Held that the company having borrowed the money through its proper officer, who was entitled to accept money on loan, the lender had no concern with inquiring into its powers to apply it, and was therefore entitled to demand repayment.
Opinions that the purchase by such a company of heritage in order to avoid a sacrifice of its loan was not ultra vires.

Judges:

Lord M’Laren, Ordinary

Citations:

[1885] SLR 23 – 238

Links:

Bailii

Jurisdiction:

Scotland

Company

Updated: 08 August 2022; Ref: scu.580404

Bruce and Others (Fishermen of Boddam) v Aiton: SCS 16 Dec 1885

The proprietor of a harbour who exacts harbour dues is bound, so far as these dues will go, to light and otherwise maintain the harbour.
The proprietor of a harbour was sued by the fishermen using it for declarator that he was bound to maintain and exhibit at his own expense certain specified lights, and to have him ordained to do so. It was proved that the harbour dues yielded a revenue to the proprietor, but that the revenue was not enough to provide for the lights and also to pay the interest on a sum of money expended by him on improvements on the harbour executed by him under a Provisional Order obtained from the Board of Trade. The Court held that under the local statutes and the relative Provisional Order of the Board of Trade applicable to the harbour, the proprietor was bound to apply the revenue derived from the harbour dues to the maintenance of the harbour (which includes lighting) in the first instance till they were exhausted, if necessary, and that the pursuers were entitled to declarator to that effect, the particular manner in which the obligation was to be carried out being left to be prescribed by the Commissioners of Northern Lighthouses.

Judges:

Lord Trayner, Ordinary

Citations:

[1885] SLR 23 – 222

Links:

Bailii

Jurisdiction:

Scotland

Local Government, Transport

Updated: 08 August 2022; Ref: scu.580394

Newlands v M’Kinlay: SCS 16 Dec 1885

In an action for payment of the balance of an account one of the entries in the account sued upon was a cash advance of pounds 300. The pursuer recovered from the defender, under a diligence against havers, a cash-book kept by him while manager of his father’s business (to which he had succeeded at the date of the action), containing this entry, ’13th July 1874. To Alexander M’Kinlay, per W. H. R., pounds 300.’ The pursuer then referred the constitution of the debt of pounds 300 to the defender’s oath. The defender deponed that the entry in the cash-book was made for the purpose of recording the receipt by him of pounds 300 from Newlands, the pursuer, on that day, and that the original entry had been ‘per W. N.’ over which he had superinduced the letters ‘W. H. R.’ The defender further deponed that the money had been repaid. Held (1) that the debt had not been proved scripto; (2) that the qualification of repayment was intrinsic of the defender’s oath. Defender assoilzied.

Judges:

Lord Trayner, Ordinary

Citations:

[1885] SLR 23 – 228

Links:

Bailii

Jurisdiction:

Scotland

Contract, Litigation Practice

Updated: 08 August 2022; Ref: scu.580403

Wilson (Liquidator of The North British Lactina Manufacturing Co, Ltd), Petitioner: SCS 16 Dec 1885

In a note by the liquidator in the winding-up of the North British Lactina Manufacturing Company, Limited, the certificate of intimation bore that the intimation had been made to the parties named in the interlocutor of Court by two apprentices to a writer in Glasgow, by posting, on certain dates named, in the Glasgow Post Office, a print of the note with a copy of the interlocutor endorsed thereon, in registered letters, and the certificate was signed by the apprentices. The Court, on their attention being directed to this fact by the Clerk of Court when the petitioner appeared to move in the Single Bills that the prayer of the note should be granted, declined to sustain an intimation so signed as complying with the 3d and 4th sections of the Citation Amendment (Scotland) Act 1882.

Citations:

[1885] SLR 23 – 227

Links:

Bailii

Jurisdiction:

Scotland

Insolvency

Updated: 08 August 2022; Ref: scu.580410

English Speaking Union Scottish Branches Educational Fund, Re Judicial Review: SCS 27 Oct 2009

Lord Bonomy set out the condition to be passed for a charities trading activities to be chartable for exemption from rating namely that the Court should look at the whole of the evidence before it and decide, on a broad basis, whether the premises were being used wholly or mainly for charitable purposes, so as to give content to the full expression ‘wholly or mainly used’.

Judges:

Lord Bonomy

Citations:

[2009] ScotCS CSOH – 139, [2010] RA 227

Links:

Bailii

Cited by:

Cited – Kenya Aid Programme v Sheffield City Council Admn 22-Jan-2013
The claimant challenged a decision that it was liable for non domestic rates in respect of some commercial units, on the basis that the use by the charity was not itself charitable.
Held: ‘there is no reason for limiting the ambit of the . .
Lists of cited by and citing cases may be incomplete.

Scotland, Rating, Charity

Updated: 04 August 2022; Ref: scu.377245

CM, Re Judicial Review: SCS 27 Aug 2013

(Outer House) The prisoner, held in a high security psychiatric hospital, challenged the outright ban on smoking.
Held: The Lord Ordinary declared that the impugned decision was unlawful so far as it affected Mr McCann both because it was not taken in accordance with the 2003 Act principles and also because it breached his Convention rights under articles 8 and 14 of the ECHR. The Lord Ordinary did not award damages but ruled that the finding of the breach of those articles was ‘just satisfaction’ in terms of article 41 of the ECHR.

Judges:

Lord Stewart

Citations:

[2013] ScotCS CSOH – 143

Links:

Bailii

Statutes:

Mental Health (Care and Treatment) (Scotland) Act 2003

Jurisdiction:

Scotland

Cited by:

Outer House – Reclaiming Motion Charles McCann v The State Hospital Board for Scotland SCS 12-Aug-2014
Inner House – The house considered a reclaiming motion (appeal) as to the lawfulness of a decision by the respondents to prohibit smoking and the possession of tobacco in the buildings and grounds of the State Hospital, Carstairs. The Board . .
Outer House – McCann v The State Hospitals Board for Scotland SC 11-Apr-2017
A challenge by request for judicial review to the legality of the comprehensive ban on smoking at the State Hospital at Carstairs which the State Hospitals Board adopted. The appellant, a detained patient, did not challenge the ban on smoking . .
Lists of cited by and citing cases may be incomplete.

Prisons, Human Rights

Updated: 31 July 2022; Ref: scu.515113

The Admiralty v Blair’s Trustee: SCS 10 Dec 1915

Bankruptcy – Sequestration – Crown – Claims – Preference – Damages for Breach of Contract Payable to Admiralty – Prerogative Right of Crown to Preferential Ranking
In a sequestration the Lords Commissioners of the Admiralty claimed a preferential ranking in respect of a sum due as damages for failure by the bankrupt to fulfil a contract made with them. The trustee on the sequestrated estate rejected the claim for preferential ranking, but admitted the debt to an ordinary ranking.
Held that the trustee was right in refusing the claim to a preferential ranking and in admitting the debt to an ordinary ranking.
Scots and English law are not necessarily the same as regards the use of prerogative powers

Citations:

[1915] SLR 188, 1916 1 SLT 19, 1916 SC 247

Links:

Bailii

Jurisdiction:

Scotland

Cited by:

Cited – Cherry, Reclaiming Motion By Joanna Cherry QC MP and Others v The Advocate General SCS 11-Sep-2019
(First Division, Inner House) The reclaimer challenged dismissal of her claim for review of the recent decision for the prorogation of the Parliament at Westminster.
Held: Reclaim was granted. The absence of reasons allowed the court to infer . .
Lists of cited by and citing cases may be incomplete.

Insolvency, Contract

Updated: 28 July 2022; Ref: scu.618239

Macleod v Lewis Justices of Peace: SCS 20 Dec 1892

Citations:

[1892] SLR 30 – 186

Links:

Bailii

Jurisdiction:

Scotland

Cited by:

Cited – Cherry, Reclaiming Motion By Joanna Cherry QC MP and Others v The Advocate General SCS 11-Sep-2019
(First Division, Inner House) The reclaimer challenged dismissal of her claim for review of the recent decision for the prorogation of the Parliament at Westminster.
Held: Reclaim was granted. The absence of reasons allowed the court to infer . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 28 July 2022; Ref: scu.613619

Scottish Lion Insurance Company Ltd v Goodrich Corporation and Others: SCS 8 Mar 2011

The object of the proceedings was to protect the confidentiality of documents disclosing certain identities, and an order designed to achieve that objective had previously been made by the court.
Held: The court permitted the identities of the applicants to be withheld from public disclosure. The disclosure of their identities would be inconsistent with that order and would undermine the confidentiality which the proceedings were intended to preserve.
The court must have regard not only to the justice of its decision, but also to the justice of the procedures by which it gives it. It therefore had the inherent power, in his opinion, to withhold the identity of a party where, regardless of the outcome of the case, the disclosure of that party’s identity would constitute an injustice to him.

Judges:

Lord Reed

Citations:

[2011] ScotCS CSIH – 18, 2011 GWD 12-272, 2011 SLT 733

Links:

Bailii

Statutes:

Companies Act 2006 899

Jurisdiction:

Scotland

Citing:

See Also – Scottish Lion Insurance Company Ltd v Goodrich Corporation and Others SCS 29-Jan-2010
. .
See Also – The Scottish Lion Insurance Company Ltd v Goodrich Corporation and Others SCS 28-Apr-2010
. .

Cited by:

Cited – A v British Broadcasting Corporation (Scotland) SC 8-May-2014
Anonymised Party to Proceedings
The BBC challenged an order made by the Court of Session in judicial review proceedings, permitting the applicant review to delete his name and address and substituting letters of the alphabet, in the exercise (or, as the BBC argues, purported . .
Cited – Cherry, Reclaiming Motion By Joanna Cherry QC MP and Others v The Advocate General SCS 11-Sep-2019
(First Division, Inner House) The reclaimer challenged dismissal of her claim for review of the recent decision for the prorogation of the Parliament at Westminster.
Held: Reclaim was granted. The absence of reasons allowed the court to infer . .
Lists of cited by and citing cases may be incomplete.

Insolvency, Company, Litigation Practice

Updated: 28 July 2022; Ref: scu.430401

The Scottish Lion Insurance Company Ltd v Goodrich Corporation and Others: SCS 28 Apr 2010

Citations:

[2010] ScotCS CSIH – 34

Links:

Bailii

Jurisdiction:

Scotland

Citing:

See Also – Scottish Lion Insurance Company Ltd v Goodrich Corporation and Others SCS 29-Jan-2010
. .

Cited by:

See Also – Scottish Lion Insurance Company Ltd v Goodrich Corporation and Others SCS 8-Mar-2011
The object of the proceedings was to protect the confidentiality of documents disclosing certain identities, and an order designed to achieve that objective had previously been made by the court.
Held: The court permitted the identities of the . .
Lists of cited by and citing cases may be incomplete.

Company

Updated: 28 July 2022; Ref: scu.414912

Lord Gray’s Motion: HL 12 Nov 1999

(Committee for Privileges) The proposed House of Lords Bill which would have the effect of removing the right of Scottish hereditary Lords to sit in the House of Lords was not a breach of the Treaty of Union between England and Scotland. Such Lords were present to represent the nations as a whole, and not just Scotland. The rights of such peers now were derived entirely from the Peerage Act.

Judges:

Lord Slynn of Hadley

Citations:

Times 12-Nov-1999, Times 12-Nov-1999, [1999] UKHL 53, 2000 SC (HL) 46, [2000] 2 WLR 664, [2002] 1 AC 124, 2000 SLT 1337

Links:

Bailii

Statutes:

Treaty of Union of the two Kingdoms of Scotland and England 1707, Peerage Act 1963, Fixed-term Parliaments Act 2011, European Union (Withdrawal) Act 2018, European Union (Notification of Withdrawal) Act 2017

Jurisdiction:

Scotland

Cited by:

Cited – Cherry, Reclaiming Motion By Joanna Cherry QC MP and Others v The Advocate General SCS 11-Sep-2019
(First Division, Inner House) The reclaimer challenged dismissal of her claim for review of the recent decision for the prorogation of the Parliament at Westminster.
Held: Reclaim was granted. The absence of reasons allowed the court to infer . .
Lists of cited by and citing cases may be incomplete.

Constitutional

Updated: 28 July 2022; Ref: scu.83208