Scotland - 1995

Scotland. Many cases are heard in Scotland, but if they appear also to deal with the law in England, they are listed (perhaps unwisely) under that heading. To see full lists of cases heard in Scotland, see IHCS and OHCS (Inner and Outer Court of Session.

These cases are extracted from a very large database. The entries on that database are now being published individually to the main swarb.co.uk website in a much improved form. As cases are published here, the entry here will be replaced by a link to the same case in that improved form on swarb.co.uk. In addition the swarb.co.uk site includes very substantial numbers of cases after 2000. Please take the time to look.  

This page lists 38 cases, and was prepared on 19 May 2014. These case are being transferred one by one to the main swarb.co.uk site which presents them better, with links to full text where we have it, and much improved cross referencing.
D -v- Grampian Regional Council 1995 SC (HL) 1
1995
HL
Jauncey L
Scotland, Adoption Casemap

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 once made is irrevocable only in circumstances which will have no practical effect upon the child's day to day life in contradistinction to an order for custody or access which is always reviewable by the court when circumstances demand".
Adoption Act 1978
Eurocopy (Scotland) plc -v- Lothian Health Board 1995 SLT 1356
1995
SCS
Consumer, Scotland
Brawls -v- Walkinshaw 1995 SLT 139
1995

Scotland, Crime Casemap

The word 'detention' implies that a person was in some way kept in confinement or under restraint.
Spook Erection Ltd -v- City of Edinburgh District Council 1995 SLT (Sh Ct) 107
1995
ScSf
Scotland, Local Government Casemap

X, Petitioner 1995 SCCR 407
1995

Scotland, Crime

Soucie -v- Soucie (1995) SLT 414
1995

Scotland, Children
1 Cites

After noting the approval of In re N in Perrin the court added: "Furthermore the question of settlement had to be considered in the context of the spirit of the Convention whereby the fundamental duty of the court is to order a return of the child to the proper jurisdiction when there has been a wrongful removal or retention." The court considered whether any discretion remained to make an order after the one year period under Art 18: "Such a balancing exercise may be appropriate when considering the discretionary powers of the court under Article 18, which will come into play if the proviso to Article 12 is established or indeed if any of the matters contained in Article 13, which will come into play if the proviso to Article 12 is established or indeed if any of the matters contained in Article 13 are established." and "We should add that we were addressed on the matter of discretion which would have arisen under Article 18 if we had been satisfied that either of the main issues should be decided in favour of the respondent."
Child Abduction and Custody Act 1985 5
Church -v- H M Advocate 1995 SLT 604
1995
HCJ
Scotland, Criminal Practice
1 Citers
The court should in general take a broad, rather than a narrow, approach to the admission of new evidence on appeal.
Criminal Procedure (Scotland) Act 1995 106(3)
Thomson -v- Thomas Muir (Waste Management Ltd) 1995 SLT 403
1995

Scotland, Contract Casemap
1 Citers
To imply a term into a contract, the court must be persuaded that the contract is unworkable without it.
Morgan Guaranty Trust Co of New York -v- Lothian Regional Council 1995 SLT 299; 1995 SC 151
19 Jan 1995
IHCS
Lord Hope of Craighead
Equity, Scotland Casemap
1 Citers
Money paid under error in law is repayable according to equity, and without statutory authority on the ground of unjustified enrichment.
King and Others -v- Eaton Ltd [1995] IRLR 75
1 Feb 1995
IHCS
Employment, Scotland

The applicants were four of 20 employees selected for redundancy. One complaint was that, although they had been given details of their own marks, they were no allowed to see the ratings for others; another was that the supervisors responsible for the markings were insufficiently informed to make fair assessments. These complaints were upheld by the Industrial Tribunal, which was also critical of the fact that the member of senior management called to justify the assessment results was unable to speak of the detailed merits of the assessments made of the applicants by the supervisors who had marked their forms. The employer appealed. Held: The appeal was allowed. Nothing suggested that the assessment process was carried out otherwise than honestly and reasonably: "In fact it appears to us that what the employers did in this case was to set up a good system of selection, reasonably administered. It may very well have been possible to argue about the individual markings of individual employees, but that is a comment which applies as much to the marking of those who were not selected for redundancy as to that of those who were. If the view taken by the Industrial Tribunal were carried to its logical conclusion, there could be no alternative but to require the employer, in every such case, to produce all the evidence bearing upon all the assessments out of which the redundancy decision arose. That seems to us to go far further than is proper." A consultation on a selection for redundancy is not complete if the selection criteria are not disclosed.
Employment Protection (Consolidation) Act 1978 57(3)
Gallie -v- Boundary Commission for Scotland
3 Feb 1995
OHCS
Scotland, Elections
Boundary Commissioner entitled to follow partly completed electoral divisions.
Stirling Plant (Hire and Sales) Ltd -v- Central Regional Council
9 Feb 1995
FDCS
Scotland
A compulsory purchase was justified despite the offer of lease because of uncertainty.
Brady -v- Procurator Fiscal Stonehaven
27 Feb 1995
HCJ
Animals, Consumer, Crime, Scotland
Salmon is deemed to be unclean and unseasonable, when pressure on the fish is sufficient to cause it to release spawn or milt.
Buchanan -v- Secretary of State for Trade and Industry
1 Mar 1995
OHCS
Scotland
Secretary of State is not obliged to reveal evidence for decision to reject appointment of a head of life company.
McMichael -v- United Kingdom; ECHR 02-Mar-1995
Robertson -v- Forth Road Bridge Joint Board [1995] ScotCS CSIH_1
2 Mar 1995
SCS
Scotland
Link[s] omitted
Strachclyde Regional Council -v- Gallagher
6 Mar 1995
IHCS
Scotland
There should be no leave to appeal to House of Lords on an argument not advanced beforehand despite a later case.
In Re D and Another (Minors) (Adoption: Access)
10 Mar 1995
HL
Adoption, Scotland
A mother may not apply for access rights after her children had been placed with an adoption agency.
Law Reform (Parent and Child) (Scotland) Act 1986
Elliott (Angus Gordon) -v- HM Advocate 1995 JC 95; [1995] ScotHC HCJ_2; 1995 SLT 612; 1995 SCCR 280
24 Mar 1995
HCJ
Lord Justice Clerk Ross
Criminal Practice, Scotland

New evidence on an appeal was admissible only in accordance with the Act.
Criminal Procedure (Scotland) Act 228(2)
[ Bailii ]
Dollar Land (Cumbernauld) Ltd -v- CIN Properties Ltd
21 Apr 1995
OHCS
Company, Scotland Casemap
1 Cites

An arrangement creating a common economic interest is not enough to create partnership.
Houston and Another -v- British Broadcasting Corporation
9 May 1995
IHCS
Elections, Scotland, Media
The BBC's appeal against an interdict against program before election was not urgent enough to justify immediate hearing.
Batty -v- Hma [1995] ScotHC HCJ_1
19 May 1995
HCJ
Scotland, Crime
[ Bailii ]
Logan -v- Presbytery of Dumbarton (Scotland) 1995 SLT 1228
23 May 1995
OHCS
Ecclesiastical, Scotland Casemap
1 Citers
Civil courts have no power to review acts of Church of Scotland in the exercise of its disciplinary powers in spriitual matters.
Church of Scotland Act 1921
Errington -v- Wilson (Scotland); OHCS 02-Jun-1995
Manheath Ltd -v- H J Banks & Co Ltd (Scotland) 1996 SC 42
2 Jun 1995
OHCS
Contract, Scotland
1 Citers
If contract is subject to a suspensive condition, performance is not waivable.
Boyter -v- Thomson [1995] UKHL 20; [1995] 3 WLR 36; [1995] 2 AC 628; [1995] 3 All ER 135; 1995 SC (HL) 15; 1995 SLT 875; 1995 SCLR 1009
15 Jun 1995
HL
Lord Jauncey of Tullichettle, Lord Lloyd of Berwick, Lord Nolan, Lord Nicholls of Birkenhead and Lord Hoffman
Contract, Consumer, Scotland
The parties bought and sold a boat. It proved defective. The pursuer sought to rely on the 1979 Act to imply a covenant for fitness. The defender denied that the pursuer thought it a business purchase. Held: A purchaser can rely on implied covenants against a vendor in business despite the vendor's non-disclosure. A private seller is liable as if in business when goods were sold through a professional agent.
Sale of Goods Act 1979 14(2) 14(3) 14(5)
[ Bailii ]
Errington -v- Wilson; SCS 16-Jun-1995
Retail Parks Investments Ltd -v- Royal Bank of Scotland Plc (Scotland)
18 Jul 1995
OHCS
Landlord and Tenant, Scotland

Obligation to use premises as bank was enforced against a leaseholder wanting to close the business.
Sharp and Another -v- Thomson and Others 1995 SC 455
25 Jul 1995
IHCS
Land, Scotland Casemap
1 Cites

The Plaintiff was bound by a floating charge which crystallised on the land before registration. Scots law, following Roman law, is unititular, which means that only one title of ownership is recognised in any one thing at any one time.
Mains -v- Uniroyal Englebert Tyres Ltd [1995] SC 518
29 Sep 1995
IHCS
Health and Safety, Scotland Casemap
1 Citers
An employer's duties to provide a safe workplace exists despite the lack of forseeability of any accident of the type which occurred.
Factories Act 1961 29(1)
Bovis Construction (Scotland) Ltd -v- Whatlings Construction Ltd; HL 19-Oct-1995
Wrightson -v- AOC International Limited 20 October 1995, unreported
20 Oct 1995

Lord Gill
Scotland, Limitation Casemap

A preliminary proof was allowed before answer on the matters raised by the parties under section 19A as he considered that there should be an inquiry into specific material facts on which the parties were not agreed. These related to the pursuer's prospects of success against his former English solicitors or counsel and his former Scottish solicitors, as well as the extent to which he would suffer inconvenience and delay in prosecuting an action against any of his previous advisers, even if he did have good prospects of success.
Cameron -v- Cameron [1995] ScotCS CSIH_3
24 Oct 1995
SCS
Scotland
[ Bailii ]
Duff -v- Highland and Islands Board; SCS 03-Nov-1995
Mulvey -v- Secretary of State for Social Security; IHCS 24-Nov-1995
Anderson -v- Hma [1995] ScotHC HCJAC_3
1 Dec 1995
HCJ
Scotland, Crime
Link[s] omitted
Short's Trustee -v- The Keeper of the Registers of Scotland; HL 07-Dec-1995
Docherty -v- Brown [1995] ScotHC HCJAC_4
20 Dec 1995
HCJ
Scotland, Crime
Link[s] omitted