Tag: Scotland

Englefield v Steinberg (No 2): SCS 20 Oct 2003

Citations:

[2003] EWHC 9016 (Costs)

Links:

Bailii

Jurisdiction:

Scotland

Citing:

See Also – Englefield and Another v Steinberg CA 26-Mar-2001
Application for leave to appeal out of time against an interim order in defamation claim.
Held: The defendant had not shown any good cause for setting the judge’s case management directions aside, nor that he should recuse himself. . .
See Also – Pritchard Englefield (A Firm) and Another v Steinberg SCCO 27-Mar-2003
. .
See Also – Steinberg v Pritchard Englefield (A Firm) and Another QBD 18-Jun-2003
. .
Lists of cited by and citing cases may be incomplete.

Scotland

Updated: 08 June 2022; Ref: scu.189192

Alexander Cameron (Ap) v Ian Macintyre Gibson, As Executor Dative of the Late Dugald Macintyre and Another: SCS 2 Dec 2003

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.

Judges:

Lord Drummond Young

Citations:

[2003] ScotCS 298, Times 20-Jan-2004

Links:

Bailii, ScotC

Statutes:

Adoption Act 1950 45, Adoption Act 1978 46 47

Citing:

Cited – J and J v C’s Tutor 1948
Adoptive parents tried to reduce an adoption order. They asserted an essential error induced by innocent misrepresentations made by those acting for the natural mother; it was averred by the pursuers that they had been incorrectly assured that a . .
Cited – Skinner v Carter 1948
An adoption order alters the status of the child concerned, who is the person primarily affected and interested. Consequently, in any proceedings for the revocation or annulment of an adoption order, the child must be represented. . .
Cited – Re B (Adoption: Setting Aside) CA 22-Mar-1995
Where the child’s natural mother did not receive service of the adoption petition and had no other knowledge that an attempt was being made to adopt the child; in that event it can be considered that there is a fundamental injustice to the natural . .
Cited – S v McC; W v W HL 1972
The distinction between the court’s ‘custodial’ and ‘protective’ jurisdictions was recognised. The case concerned the ordering of blood tests with a view to determining the paternity of a child involved in divorce proceedings. This was not a matter . .
Cited – Adair v Colville and Sons HL 1926
Where a fraud has been practised on the court, reduction is a remedy that is generally available. . .
Cited – Rex v Leeds City Justices, ex parte Gilmartin 1951
. .
Cited – S v McC; W v W HL 1972
The distinction between the court’s ‘custodial’ and ‘protective’ jurisdictions was recognised. The case concerned the ordering of blood tests with a view to determining the paternity of a child involved in divorce proceedings. This was not a matter . .
Cited – Re RA (Minors) 1974
An adoption order was set aside for a procedural irregularity. . .
Cited – Re F 1977
. .
Cited – Bain v Hugh LS McConnell Ltd 1991
The court discussed procedures to correct fundamental miscarriages of justice. . .
Cited – D v Grampian Regional Council HL 1995
The House discussed the nature of an adoption order: ‘The Act of 1978 provides a comprehensive code for adoption and it is perfectly clear that the whole procedure is intended to produce a permanent result for the adopted child. An adoption order . .
Cited – S v M 1999
. .
Lists of cited by and citing cases may be incomplete.

Scotland, Adoption

Updated: 08 June 2022; Ref: scu.188570

BP Exploration Operating Co Ltd v Chevron Shipping Company Chevron Transport Corporation Chevron Tankers (Bermuda) Limited: OHCS 13 Nov 2002

Judges:

Lord Hamilton

Citations:

[2002] ScotCS 291

Links:

Bailii, Bailii

Jurisdiction:

Scotland

Citing:

See Also – BP Exploration Operating Co Ltd v Chevron Transport (Scotland) HL 18-Oct-2001
A ship owned by the defenders caused substantial damage whilst moored at the claimant’s docks. The claim was made against different members of the defendants as they asserted and denied responsibility. The last company asserted that the claim was . .
Lists of cited by and citing cases may be incomplete.

Scotland

Updated: 07 June 2022; Ref: scu.179407

Watt or Forsyth (Assisted Person) v the Royal Bank of Scotland Plc: SCS 26 Jul 1999

It appeared to the creditor that the wife had already had the benefit of professional legal advice, and it did not recommend that she should seek independent legal advice.

Judges:

Lord Macfadyen

Citations:

[1999] ScotCS 181, 2000 SLT 1295

Links:

Bailii, ScotC

Cited by:

Cited – Royal Bank of Scotland v Etridge (No 2); Barclays Bank plc v Harris; Midland Bank plc v Wallace, etc HL 11-Oct-2001
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 . .
Lists of cited by and citing cases may be incomplete.

Scotland, Banking

Updated: 06 June 2022; Ref: scu.170422

Messrs Dowling and Rutter and C v Abacus Frozen Foods Limited: SCS 12 Dec 2000

Judges:

Lord Johnston

Citations:

[2000] ScotCS 315

Links:

Bailii

Jurisdiction:

Scotland

Citing:

Appeal from – Dowling and Rutter and Others v Abacus Frozen Foods Ltd OHCS 26-Apr-2000
In the case of a lawfully constructed contract which was fulfilled by unlawful means, the contract itself can still be enforceable. In each case it is for the court to assess the nature and quality of the illegality involved. . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 06 June 2022; Ref: scu.169150

British Airways Plc vBoyce: SCS 7 Dec 2000

Judges:

Lord Marnoch and Lord Cameron of Lochbroom and Lord Nimmo Smith

Citations:

[2000] ScotCS 309, [2001] IRLR 157

Links:

Bailii

Jurisdiction:

Scotland

Citing:

Cited – Divine-Bortey v London Borough of Brent CA 14-May-1998
The claimant had brought and lost an action relating to his dismissal by the defendant, who now appealed against an order that he was not estopped from bring a second claim on a different basis namely race discrimination, disapplying the rule in . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 06 June 2022; Ref: scu.169156

Tehrani for Judicial Review of A Purported Decision of the United Kingdon Central Council for Nursing: SCS 25 Jan 2001

Judges:

Lord Mackay of Drumadoon

Citations:

[2001] ScotCS 19

Links:

Bailii

Jurisdiction:

Scotland

Citing:

See Also – Tehrani v Argyll and Clyde Health Board 1989
. .
Lists of cited by and citing cases may be incomplete.

Health Professions

Updated: 06 June 2022; Ref: scu.169117

The Royal Bank of Scotland v Malcolm: SCS 16 Apr 1999

Judges:

Lord MacLean

Citations:

1999 SCLR 854, [1999] ScotCS 98

Links:

Bailii

Jurisdiction:

Scotland

Cited by:

Cited – Safdar v Shahid SCS 30-Apr-2004
The pursuer claimed repayments of loans made for the purchase of company shares. The defender denied any loan had been made, and claimed that any loans would require evidence in writing under the Act.
Held: The arguments should be allowed to . .
Lists of cited by and citing cases may be incomplete.

Scotland

Updated: 05 June 2022; Ref: scu.169629

King v University Court of the University of St Andrews: SCS 30 Jan 2002

The University had employed the pursuer on terms that it was entitled ‘for good cause shown to terminate the appointment of the employee by giving three months’ notice in writing’. He claimed on two bases, first, a breach of the alleged express term not to terminate his employment except on good cause shown, and, secondly, a breach of an alleged implied term of trust and confidence consisting in an alleged failure to act fairly and reasonably in investigating whether good cause was shown. The issue before Lady Smith concerned the second basis of claim.
Held: She distinguished Johnson on the basis that the University was only entitled to terminate the claimant’s appointment by three months’ notice ‘for good cause shown’, and she held that this involved the implication that there should, before any dismissal, be a prior hearing and investigation, fairly conducted in accordance with a mutual duty of trust and confidence.
If before dismissal, whether actual or constructive, an employee has acquired a cause of action at law, for breach of contract or otherwise, that cause of action survives his subsequent unfair dismissal.

Judges:

Lady Smith

Citations:

[2002] ScotCS 28, [2002] IRLR 252

Links:

ScotC, Bailii

Citing:

See also – King v The University Court of the University of St Andrews OHCS 3-Jul-2003
. .

Cited by:

See also – King v The University Court of the University of St Andrews OHCS 3-Jul-2003
. .
Cited – Eastwood and another v Magnox Electric plc; McCabe v Cornwall County Council and others HL 15-Jul-2004
The first claimants were long standing employees. Mr Eastwood fell out with his manager, who disciplined him using false statements. When Williams refused to provide a false statement he too was disciplined. Each claimed damages for the injury to . .
See also – King v University Court of the University of St Andrews OHCS 3-Jun-2005
. .
Cited – Botham v The Ministry of Defence QBD 26-Mar-2010
The claimant had been employed by the MOD. He was summarily dismissed for gross misconduct, and he was then placed on the list of persons unsuitable for work with children. He succeeded at the Tribunal in a claim for unfair and wrongful dismissal. . .
Cited – Edwards v Chesterfield Royal Hospital NHS Foundation Trust SC 14-Dec-2011
The claimant had been employed as consultant surgeon. He had been dismissed in a manner inconsistent with the extress terms of his employment contract. He sought common law damages for the manner of his dismissal. The employer appealed.
Held: . .
Lists of cited by and citing cases may be incomplete.

Scotland, Employment

Updated: 05 June 2022; Ref: scu.168807

Mccann Or Mcgurran Known As Mccann v Mcgurran: SCS 14 Mar 2002

Judges:

Lord Cameron of Lochbroom and Lord Caplan and Lord Kingarth

Citations:

[2002] ScotCS 67, 2002 SLT 592

Links:

ScotC, Bailii

Statutes:

Protection from Harassment Act 1997

Cited by:

Cited – Majrowski v Guy’s and St Thomas’ NHS Trust HL 12-Jul-2006
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 . .
Lists of cited by and citing cases may be incomplete.

Scotland, Torts – Other

Updated: 05 June 2022; Ref: scu.168772