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These cases are from the lawindexpro database. They are now being published 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.  



Scotland - From: 1960 To: 1969

This page lists 72 cases, and was prepared on 29 October 2014.

 
HM Advocate -v- Kidd 1960 SLT 82
1960


Scotland, Crime
The court set out the conditions for finding insanity in criminal law.
1 Citers


 
D M'Ewing & Sons -v- Renfrewshire County Council [1960] SC 53
1960

Lord Clyde
Scotland, Land

1 Citers



 
 Watson -v- Fram Reinforced Concrete Co (Scotland) Ltd; HL 1960 - 1960 SC 92
 
Smith -v- Grayton Estates Ltd 1960 SC 249
1960
SCS
Lord President Clyde, Lord Sorn
Scotland, Landlord and Tenant
The Court was asked whether a tenancy continuing from year to year after the expiry of a fixed term by virtue of the 1949 Act was determined by notice given by one of two joint tenants. Held. The notice was effective.
Lord President Clyde said: "In considering this matter, it is of importance to realise that in the present case the tenants were occupying under tacit relocation, in other words, that the tenancy was being prolonged from year to year beyond the stipulated term in the lease, but that otherwise the conditions in the lease continued to operate - see Rankine, Law of Leases, p. 601; Cowe v. Millar, reported only in Connell on The Agricultural Holdings (Scotland) Act 1923, p. 346, per Lord President Clyde at p. 355. The question comes to be whether, in that situation, a timeous notice by one of the two joint tenants is invalid to bring the tenancy to an end. The argument for the appellant was that a valid notice must be from both the joint tenants, and this notice, not being a joint one, consequently is bad.
But, is I see it, this argument overlooks the meaning and effect of tacit relocation. Tacit relocation is not an indefinite prolongation of a lease. It is the prolongation each year of the tenancy for a further one year, if the actings of the parties to the lease show that they are consenting to this prolongation. For, as in all contracts, a tacit relocation or reletting must be based on consent. In the case of tacit relocation the law implies that consent if all the parties are silent in the matter. Hence, where there are joint tenants, tacit consent by both of them is necessary to secure the prolongation and to enable tacit relocation to operate. Silence by both is necessary to presume that both the tenants wish the tenancy to continue for another year. On the other hand, if both are not silent, and if one gives due notice of termination, the consent necessary for tacit relocation to operate is demonstrably not present, and tacit relocation will not operate beyond the date of termination in the notice. Clearly, in the present case, there is not such tacit consent, and, in my view, a notice by one of the two joint tenants is enough to exclude the further operation of tacit relocation.
Agricultural Holdings (Scotland) Act 1949
1 Citers



 
 Arbuckle Smith & Co Limited -v- Greenock Corporation; HL 1960 - [1960] AC 813
 
Orlandi -v- Casteli [1960] ScotCS CSOH_1
5 Nov 1960
scs

Scotland

[ Bailii ]
 
Rodden -v- Whatlings Ltd [1960] ScotCS CSOH_2
22 Nov 1960
scs

Scotland

[ Bailii ]
 
Wissenbruch -v- Wissenbruch 1961 SC 340
1961


Scotland, Trusts

1 Citers



 
 Macrae -v- Reed and Mallik Ltd; SCS 1961 - 1961 SC 68
 
Templeton -v- HM Advocate 1961 JC 62
1961

Lord Guthrie
Scotland, Crime


 
Douglas-Hamilton -v- Hamilton's Trustees [1961] ScotCS CSIH_1
5 May 1961
SCS

Scotland

[ Bailii ]
 
Munro -v- Stein [1961] ScotCS CSOH_3
23 Jun 1961
scs

Scotland

[ Bailii ]

 
 White and Carter (Councils) Ltd -v- McGregor; HL 6-Dec-1961 - [1962] AC 413; [1961] UKHL 5; [1961] UKHL 7
 
Colville, Petitioner [1961] SCotCS CSIH_2
15 Dec 1961
scs

Scotland

[ Bailii ]

 
 Duke of Argyll -v- Duchess of Argyll; HL 1962 - 1962 SC (HL) 88
 
McWilliams -v- Sir William Arrol & Co Ltd [1962] 1 WLR 295; 1962 SC (HL) 70
1962
HL
Lord Reid
Health and Safety, Personal Injury, Scotland
A steel erector had fallen seventy feet to his death from a steel lattice tower. The employers had not provided a safety harness, but the judge found that he would not have used a security belt even if provided, and that the onus was on the pursuer to prove that the deceased would have worn a safety belt. Held: The claim failed. The onus was on the pursuer to establish, not only the breach of duty, but also the causal connection between the breach of duty and the accident; that what the deceased would have done, if a safety belt had been provided, was a matter of inference from the appropriate facts, and that, in the present case, the inference was that he would not have worn a belt; further that there was no obligation on the employers to instruct or exhort him to wear a safety belt. Liability was not established. Lord Reid: "It has been suggested that the decision of this House in Wardlaw v Bonnington Castings Ltd 1956 S.C. (H.L.) 26 lays down new law and increased the burden on pursuers. I do not think so. It states what has always been the law - a pursuer must prove his case. He must prove that the fault of the defender caused or contributed to the damage which he has suffered. But proof need not be by direct evidence. If general practice or a regulation requires that some safety appliance shall be provided, one would assume that it is of some use, and that a reasonable man would use it. And one would assume that the injured man was a reasonable man. So the initial onus on the pursuer to connect the failure to provide the appliance with the accident would normally be discharged merely by proving the circumstances which led to the accident, and it is only where the evidence throws doubt on either of these assumptions that any difficulty would arise. Normally, it would be left to the defender to adduce evidence, if he could, to displace these assumptions. So, in practice, it would be realistic, even if not theoretically accurate, to say that the onus is generally on the defender to show that the man would not have used the appliance, even if it had been available. But in the end, when all the evidence has been brought out, it rarely matters where the onus originally lay: the question is which way the balance of probability has come to rest."
Factories Act 1937
1 Cites

1 Citers



 
 Commissioners of Inland Revenue -v- John M Whiteford & Son; 1962 - (1962) 40 TC 379

 
 Close -v- Steel Company of Wales Ltd; 1962 - [1962] AC 367

 
 McWilliams -v- Sir William Arrol & Company Ltd; HL 21-Feb-1962 - [1962] UKHL 3; [1962] 1 WLR 295; [1962] 1 All ER 623; [1961] UKHL 8; 1962 SLT 121; 1962 SC (HL) 70
 
Gray -v- University of Edinburgh [1962] ScotCS CSIH_1
1 Mar 1962
SCS

Scotland
Inner House
[ Bailii ]
 
Argyllshire Weavers -v- Macauley [1962] ScotCS CSIH_2
25 May 1962
scs

Scotland

[ Bailii ]

 
 In re Sutherland, dec'd; Winter -v- Inland Revenue Commissioners; HL 1963 - [1963] AC 235

 
 Inland Revenue Commissioners -v- Luke; HL 1963 - 1963 SC (HL) 65; [1963] AC 557
 
Burmah Oil Company Limited (Burma Trading) -v- Lord Advocate 1963 SC 410
1963
IHCS
Lord President Clyde
Scotland, Constitutional
The Act was to be construed restrictively, lest “what was intended as a reasonable protection for a public authority would become an engine of oppression.”
War Damage Act 1965
1 Citers


 
HM Advocate -v- Cunningham 1963 SLT 345
1963


Scotland, Crime

1 Citers


 
Palmer -v- Inverness Hospitals Board of Management [1963] ScotCS CSOH_3
18 Jan 1963
scs

Scotland

[ Bailii ]
 
Bankhead -v- Mccarthy [1963] ScotCS CSOH_2
8 Feb 1963
scs

Scotland

[ Bailii ]

 
 Hughes -v- Lord Advocate; HL 21-Feb-1963 - [1963] AC 837; [1963] 1 All ER 705; 1963 SC (HL) 31; [1963] UKHL 1; [1963] UKHL 8
 
Lord Advocate -v- University of Aberdeen & Budge [1963] ScotCS CSIH_1
2 Aug 1963
scs

Scotland

[ Bailii ]

 
 McCaig -v- Langan; 1964 - 1964 SLT 121

 
 McCutcheon -v- David MacBrayne Ltd; HL 21-Jan-1964 - [1964] 1 WLR 125; [1964] 1 All ER 430 HL (Sc); [1964] UKHL 4; [1964] UKHL 7
 
Hunter -v- Fox [1964] UKHL 8; 1964 SLT 20; 1964 190 EG 205; 1964 SC (HL) 95
8 Apr 1964
HL
Lord Reid
Scotland, Land

[ Bailii ]

 
 Burmah Oil Company (Burma Trading) Limited -v- Lord Advocate; HL 21-Apr-1964 - [1965] AC 75; [1965] 2 All ER 348; 1964 SC (HL) 117; [1964] UKHL 6; [1964] 2 WLR 1231; 1964 SLT 218

 
 R & J Dempster Ltd -v- Motherwell Bridge and Engineering Co Ltd; SCS 3-Jul-1964 - [1964] ScotCS CSIH_1
 
B and B [1964] ScotCS CSIH_2
12 Nov 1964
scs

Scotland

[ Bailii ]

 
 Grieve -v- Douglas-Home; SCS 23-Dec-1964 - [1964] ScotCS 3; 1965 SC 315; 1965 SLT 186

 
 Noble -v- Noble; OHCS 1965 - [1965] SLT 415

 
 St Johnstone Football Club -v- Scottish Football Association Ltd; 1965 - 1965 SLT 171
 
Law -v- McNicol 1965 JC 32
1965


Scotland, Criminal Practice

1 Citers



 
 Macleod -v- Hamilton; 1965 - [1965] SLT 305
 
Macleod -v- Hamilton 1965 SLT 305
1965

Lord Clyde, Lord Migdale
Scotland, Road Traffic
Lord Clyde said: "It was an integral part of the statutory scheme for a traffic regulation order that notice by means of traffic signs should be given to the public using the roads which were restricted so as to warn users of their obligations. Unless these traffic signs were there accordingly and the opportunity was thus afforded to the public to know what they could not legally do, no offence would be committed. It would, indeed, be anomalous and absurd were the position otherwise."
Lord Migdale said: "the order is not effective unless and until the council complies with Regulation 15(c) and erects road signs at the locus. Signs were erected but they were not the proper ones nor were they clear."
1 Citers



 
 Glasgow Corporation -v- Johnstone and Others (orse Johnstons); HL 1965 - [1965] 2 WLR 657; [1965] AC 609
 
Forbes -v- Aberdeen Motors Ltd. [1965] ScotCS CSIH_1
12 Mar 1965
scs

Scotland

[ Bailii ]
 
Macleod -v- Kerr [1965] ScotCS CSIH_2
14 May 1965
SCS

Scotland

[ Bailii ]
 
Kelly -v- Edmund Nuttall Sons & Co. (London) Ltd [1965] ScotCS CSIH_3; 1965 SC 427; 1965 SLT 418
15 Jul 1965
SCS

Scotland, Personal Injury

1 Cites

[ Bailii ]

 
 M'Glone -v- British Railways Board; HL 27-Oct-1965 - [1965] UKHL 2; 1966 SC 1; 1966 SLT 2
 
Assessor for Fife -v- Hodgson (Lands Valuation Appeal Court) [1965] ScotCS 4
11 Nov 1965
scs

Scotland

[ Bailii ]
 
M'Glone -v- British Railways Board [1966] SC (HL) 1 HL(Sc)
1966
HL

Scotland

1 Citers


 
Beedie v Norrie 1966 SC 207
1966


Negligence, Scotland
Chapter 26 of the Rules of the Court of Session 1994, which is headed Third Party Procedure, enables questions arising out of claims by a defender against a third party for contribution, relief or indemnity and liability to be disposed of in the same action as that in which the defender is himself being sued.
Rules of the Court of Session 1994 824 - Law Reform (Miscellaneous Provisions) (Scotland) Act 1940 3(2)
1 Citers



 
 Williams -v- A & W Hemphill Ltd; HL 1966 - 1966 SC(HL) 31

 
 Reid -v- Mini-Cabs; SCS 1966 - 1966 SC 137
 
Noble -v- Noble Unreported, 26 January 1996
26 Jan 1966
IHCS

Company, Scotland

1 Cites

1 Citers


 
Errol -v- Walker [1966] ScotCS CSIH_2
11 Mar 1966
scs

Scotland

[ Bailii ]
 
White -v- White [1966] ScotCS CSIH_1
2 Jun 1966
scs

Scotland

[ Bailii ]
 
Makouipour -v- Makouipour [1966] ScotCS CSOH_3
15 Dec 1966
scs

Scotland

[ Bailii ]

 
 Saxone Lilley & Skinner (Holdings) Ltd -v- Commissioner of Inland Revenue; HL 1967 - 44 TC 122; [1967] 1 WLR 501; (1966) 42 TC 675

 
 Nimmo -v- Alexander Cowan & Sons Ltd; HL 1967 - 1967 SC (HL) 79; [1968] AC 107
 
McKillen -v- Barclay Curle & Co Ltd 1967 SLT 41
1967

Lord President Clyde
Negligence, Damages, Scotland
The Lord Ordinary had awarded the pursuer damages for tuberculosis, on the basis that in the accident he had fractured a rib and this had reactivated his pre-existing tuberculosis. Held: The pursuer had failed to prove the causal connexion between the fractured rib and the tuberculosis, since there was no corroboration of the evidence of the pursuer's expert witness. They accordingly allowed the reclaiming motion. In Scots law a wrongdoer takes his victim as he finds him. Foreseeability had no relevance to the determination of the measure of damage, once liability had been established.
1 Cites

1 Citers


 
James Kemp (Leslie) Ltd -v- Robertson [1967] ScotCS CSOH_1
10 Apr 1967
scs

Scotland

[ Bailii ]

 
 Chalmers Property Investment Co Ltd -v- Robson; HL 20-Jun-1967 - Unreported, 20 June 1967

 
 Mackay -v- Campbell; HL 29-Jun-1967 - [1967] UKHL 8; 1967 SC (HL) 5; 1967 SLT 337

 
 Scottish Burial Reform & Cremation Society -v- Glasgow Corporation; HL 26-Jul-1967 - [1967] UKHL 3; [1968] AC 138; [1967] 3 All ER 215

 
 Barton -v- William Low & Co Ltd; 1968 - 1968 SLT (Notes) 27
 
Lucas's Executors -v- Demarco 1968 SLT 89
1968


Scotland, Landlord and Tenant
The tenant argued as to the unreasonableness of the exercise of an irritancy.

 
Shaw -v- Shaw 1968 SLT 94
1968
OHCS
Lord Hunter
Scotland
"The authorities to which I was referred, including, in particular, Noble v Noble; Inner House, 28th January 1966 (unreported), and Cruickshank's Trustees v Sutherland, satisfy me that, as a general principle, where in a partnership it is necessary to make up a balance sheet affecting the money interests of the partners, the partnership assets should be entered in the balance sheet at their fair value to the partners, unless there is provision to the contrary in the contract of co-partnery . . . "
1 Cites

1 Citers



 
 The Carnegie Trustees for the Universities of Scotland -v- The University of St Andrews; HL 1968 - 1968 SC (HL) 27

 
 Brown -v- North British Steel Foundry Ltd; OHCS 1968 - 1968 SC 51
 
Cawthorne (Richard Graves) -v- Hm Advocate [1968] ScotHC HCJ_1
15 May 1968
HCJ

Scotland, Crime

[ Bailii ]
 
Denvir -v- Denvir 1969 SLT 301
1969


Scotland, Trusts

1 Citers


 
M'Kew -v- Holland & Hannen & Cubitts (Scotland) Ltd [1969] 3 All ER 1621; 1969 SC 14
1969

Lord Justice Clerk (Grant)
Scotland, Negligence, Damages

1 Cites

1 Citers



 
 Lothian -v- Jenolite; SCS 6-Feb-1969 - 1969 SC 111; [1969] ScotCS CSIH_1; [1970] SLT 31
 
Bruce's Judicial Factor -v- Lord Advocate [1969] ScotCS CSIH_2
19 Jun 1969
scs

Scotland

[ Bailii ]
 
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