swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being transferred 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: 1995 To: 1995
This page lists 38 cases, and was prepared on 13 January 2015.
D -v- Grampian Regional Council; HL 1995 - 1995 SC (HL) 1
Eurocopy (Scotland) plc -v- Lothian Health Board 1995 SLT 1356
Brawls -v- Walkinshaw 1995 SLT 139
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; ScSf 1995 - 1995 SLT (Sh Ct) 107
Re X, Petitioner 1995 SCCR 407
Soucie -v- Soucie (1995) SLT 414
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
Scotland, Criminal Practice
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
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 Times, 19 January 1995; 1995 SLT 299; 1995 SC 151
19 Jan 1995
Lord Hope of Craighead
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 Times, 01 February 1995;  IRLR 75
1 Feb 1995
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 Times, 03 February 1995
3 Feb 1995
Boundary Commissioner entitled to follow partly completed electoral divisions.
Stirling Plant (Hire and Sales) Ltd -v- Central Regional Council Times, 09 February 1995
9 Feb 1995
A compulsory purchase was justified despite the offer of lease because of uncertainty.
Brady -v- Procurator Fiscal Stonehaven Times, 27 February 1995
27 Feb 1995
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 Times, 01 March 1995
1 Mar 1995
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 2-Mar-1995 - Times, 02 March 1995; (1995) 20 EHRR 205; 16424/90;  ECHR 8
Robertson -v- Forth Road Bridge Joint Board  ScotCS CSIH_1
2 Mar 1995
[ Bailii ]
Strachclyde Regional Council -v- Gallagher Times, 06 March 1995
6 Mar 1995
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) Times, 10 March 1995
10 Mar 1995
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 Times, 16 May 1995; 1995 JC 95;  ScotHC HCJ_2; 1995 SLT 612; 1995 SCCR 280
24 Mar 1995
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 Times, 21 April 1995
21 Apr 1995
An arrangement creating a common economic interest is not enough to create partnership.
Houston and Another -v- British Broadcasting Corporation Times, 09 May 1995
9 May 1995
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  ScotHC HCJ_1
19 May 1995
[ Bailii ]
Logan -v- Presbytery of Dumbarton (Scotland) Times, 23 May 1995; 1995 SLT 1228
23 May 1995
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 2-Jun-1995 - Times, 02 June 1995
Manheath Ltd -v- H J Banks & Co Ltd (Scotland) Times, 02 June 1995; 1996 SC 42
2 Jun 1995
If contract is subject to a suspensive condition, performance is not waivable.
Boyter -v- Thomson; HL 15-Jun-1995 - Gazette, 06 September 1995; Times, 16 June 1995;  UKHL 20;  3 WLR 36;  2 AC 628;  3 All ER 135; 1995 SC (HL) 15; 1995 SLT 875; 1995 SCLR 1009
Errington -v- Wilson; SCS 16-Jun-1995 -  ScotCS CSIH_2; 1995 SC 550; 1995 SLT 1193; 1995 SCLR 875
Retail Parks Investments Ltd -v- Royal Bank of Scotland Plc (Scotland) Times, 18 July 1995
18 Jul 1995
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 Times, 25 July 1995; 1995 SC 455
25 Jul 1995
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 Times, 29 September 1995;  SC 518
29 Sep 1995
Health and Safety, Scotland
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 - Gazette, 24 January 1996; Times, 19 October 1995;  CLY 5569; 1995 SLT 1339
Wrightson -v- AOC International Limited 20 October 1995, unreported
20 Oct 1995
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  ScotCS CSIH_3
24 Oct 1995
[ Bailii ]
Duff -v- Highland and Islands Board; SCS 3-Nov-1995 - Times, 03 November 1995; 1995 SLT 1362
Mulvey -v- Secretary of State for Social Security; IHCS 24-Nov-1995 - Times, 24 November 1995; 1996 SC 8
Anderson -v- Hma  ScotHC HCJAC_3
1 Dec 1995
[ Bailii ]
Short's Trustee -v- The Keeper of the Registers of Scotland; HL 7-Dec-1995 - 1996 SC (HL) 14;  UKHL 21; 1996 SCLR 571; 1996 SLT 166
Docherty -v- Brown; HCJ 20-Dec-1995 -  ScotHC HCJAC_4
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