Tag: Scotland

Robertson and Scottish Prison Service: SIC 21 Dec 2010

Mr Neil D Robertson (Mr Robertson) requested from the Scottish Prison Service (the SPS) a copy of the Orderly Room Procedures and Guidance (ORPG). The SPS failed to reply to this request, and Mr Robertson asked for a review of this decision. The SPS responded to this request and advised Mr Robertson that the ORPG was already accessible to him via the prison library and therefore it was not required to provide him with a copy. Mr Robertson remained dissatisfied and applied to the Commissioner for a decision.
Following an investigation, during which the SPS confirmed that it considered the ORPG to be exempt from disclosure in terms of section 25(1) of FOISA, the Commissioner found that the SPS had partially failed to deal with Mr Robertson’s request for information in accordance with Part 1 of FOISA. He found that the SPS was entitled to withhold the requested document in terms of section 25(1) of FOISA. However, the Commissioner, found that the SPS failed to respond to Mr Robertson’s request for information within the timescale laid down by section 10(1) FOISA. He did not require the SPS to take any action in response to this failure.

Citations:

[2010] ScotIC 214 – 2010

Links:

Bailii

Jurisdiction:

Scotland

Information

Updated: 18 April 2022; Ref: scu.433938

Sims v Hawes: SCS 5 Jun 1866

In this case the defender lodged a minute, tendering a sum of thirty guineas of damages, ‘with expenses up to the date thereof.’ The pursuer in his account made various charges for consulting counsel as to the propriety of accepting this tender, and also charges for obtaining decree. These charges were sustained by the Auditor; and to-day the Lord Ordinary repelled the objections stated to them by the defender. It was maintained by the defender that although in the general case a tender with expenses of process carried such charges as these, still that, as the minute here was limited to its expenses up to its date, such charges could not be allowed.
Held: A tender of a sum with expenses up to the date of it, includes the expenses of consulting counsel as to whether it should be accepted and of taking decree.

Citations:

[1866] SLR 2 – 60

Links:

Bailii

Jurisdiction:

Scotland

Costs, Litigation Practice

Updated: 18 April 2022; Ref: scu.574565