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This page lists, by date order of actual publication on the internet, the most recent opinions of the Court of Session and High Court of Justiciary. At present it is only automatically updated each Friday at 4pm; this will change if there is sufficient demand. Bookmarking will return you to the updated version. Opening this page in a Babelfish translation will give opinions in that language. Comments or suggestions to this address please.
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1. K.M. FOR JUDICIAL REVIEW OF A DECISION OF THE SECRETARY OF STATE FOR THE HOME DEPARTMENT TO DETAIN THE PETITIONER v. , 21 January 2010, J. Gordon Reid, Q.C.
...[1] In 2000, a foreign national, possibly from Iran, enters the United Kingdom, probably via Turkey and France. He makes three claims for asylum under different names. One is granted; another two are refused. In 2002, he is arrested, but granted Temporary Admission and released from custody subject to reporting conditions which he breaches. In 2004, he is convicted of robbery and sentenced to four years imprisonment. The trial judge recommends deportation noting that...
Published on internet Thursday January 21, 2010 12:07:50 GMT at http://www.scotcourts.gov.uk/opinions/2010CSOH8.html
2. THE PRINCIPAL REPORTER+THE LORD ADVOCATE+LRK'S CURATOR AD LITEM FOR SUSPENSION OF INTERLOCUTOR OF THE SHERIFF AT GLASGOW DATED 27TH OCTOBER 2006 v. JPK+JR, 21 January 2010, Lord President+Lord Carloway+Lady Paton
...1. Legislative Framework [1] The Children (Scotland) Act 1995 (c 36) is divided into four parts. This litigation involves the inter-relationship of Part I, which concerns the private rights of persons, including parents and children, with Part II, which provides for local authority intervention in the care of children. Part I commences with general provisions about parental responsibilities and rights; phraseology designed to promote a move away from the common...
Published on internet Thursday January 21, 2010 12:07:49 GMT at http://www.scotcourts.gov.uk/opinions/2010CSIH5.html
3. C R SMITH GLAZIERS (DUNFERMLINE) LIMITED v. TOOLCOM SUPPLIES LIMITED+FIT-LOCK SYSTEMS LIMITED, 15 January 2010, Lady Clark Of Calton
...[1] By interlocutor dated 20 December 2007, a preliminary proof was granted and restricted to establishing the terms, express or implied, of the contractual relationship between the pursuer and the defenders as referred to in Articles 1 to 5 of condescendence and the relative answers thereto. A preliminary proof was heard over six days commencing 3 November 2009. There was no appearance or representation on behalf of the third party. Senior counsel for the pursuers and...
Published on internet Wednesday January 20, 2010 15:01:44 GMT at http://www.scotcourts.gov.uk/opinions/2010CSOH7.html
4. No Title
...[1] St Ninian’s High School, Giffnock is the best performing State Roman Catholic Secondary School in Scotland. It was opened to pupils in August 1984, when the education authority was Strathclyde Regional Council (SRC). On local government reorganisation on 1 April 1996 the newly established East Renfrewshire Council (ERC), the respondent to this petition, became the education authority responsible for St Ninian’s. [2] In a report dated 22 November 1991 the then...
Published on internet Wednesday January 20, 2010 12:12:35 GMT at http://www.scotcourts.gov.uk/opinions/2010CSOH6.html
5. JOSEPH McEWAN v. HER MAJESTY'S ADVOCATE, 20 January 2010, Lord Eassie+Lord Kingarth+Lord Brodie
...[1] On 27 May 2004 at Ayr Sheriff Court the appellant was found guilty of 6 charges on indictment, as follows: "(002) on 27 May 2002 at Highfield Farm, St. Quivox, Ayr, you JOSEPH MCEWAN and STEVEN WILLIAM SNEDDON did, while acting along with others meantime to the prosecutor unknown, assault Alan Dougan, Highfield Farm, St. Quivox, Ayr and did repeatedly strike him on the head and body with a hammer and a baseball bat or similar object to his severe injury; (003)...
Published on internet Wednesday January 20, 2010 12:04:40 GMT at http://www.scotcourts.gov.uk/opinions/2010HCJAC5.html
6. PETITION OF MARCO McGINTY AND ANOTHER FOR JUDICIAL REVIEW v. , 20 January 2010, Lady Dorrian
...[1] In this case, the petitioner seeks judicial review of the designation by the Scottish ministers of a new power station and transhipment hub at Hunterston, as a national development in a National Planning Framework. The case called before me for a first hearing. At that hearing, there was a motion on behalf of the second petitioner to abandon the petition so far as relating to his interest and I granted that motion unopposed. There was also a motion to amend the...
Published on internet Wednesday January 20, 2010 12:04:34 GMT at http://www.scotcourts.gov.uk/opinions/2010CSOH5.html
7. HER MAJESTY'S ADVOCATE v. JASCON CLARK+RHYS WILKINSON, 19 January 2010, Lord Bannatyne+Lord Eassie+Lord Justice General
...[1] At the High Court at Glasgow on 5 May 2009 both respondents pled guilty to an indictment in the following terms: "On 28 December 2008 at Old Street, Kilmarnock, you Jason William Clark and Rhys Matthew Wilkinson did assault John Dale, c/o Strathclyde Police, Kilmarnock, and did strike him and knock him to the ground, repeatedly punch and kick him on the head and body, strike him with a bottle all to his severe injury, permanent disfigurement, permanent impairment...
Published on internet Tuesday January 19, 2010 11:59:16 GMT at http://www.scotcourts.gov.uk/opinions/2010HCJAC4.html
8. HER MAJESTY'S ADVOCATE v. ANTHONY JOHNSTONE+WILLIAM McMANUS+ADAM McMANUS, 19 January 2010, Lord Bannatyne+Lord Eassie+Lord Justice General
...[1] At a preliminary hearing at the High Court at Glasgow on 14 April 2009 each of the respondents pled guilty to the following charge: "(007) on 22 November 2008 at Sycamore Avenue, Cedar Avenue and Maple Drive, all Johnstone you ADAM JAMES MCMANUS, WILLIAM MCMANUS and ANTHONY JOHNSTONE did assault David Collins, c/o Strathclyde Police, Johnstone and did pursue him, seize hold of him, knock him to the ground, repeatedly punch him on the head and body, repeatedly...
Published on internet Tuesday January 19, 2010 11:59:13 GMT at http://www.scotcourts.gov.uk/opinions/2010HCJAC3.html
9. MARGARET ROSE WILLIAMSON v. SECRETARY OF STATE FOR WORK AND PENSIONS, 19 January 2010, Lord Wheatley+Lord Clarke+Lord Mackay of Drumadoon
...[1] This is an application for leave to appeal a decision by the Social Security Appeal Commissioner in terms of section 15(4) of the Social Security Act 1998 dated 10 July 2008 in respect of the applicant's claim for Income Support. [2] The essence of the application is that the Commission erred in law in supporting an earlier decision by the Tribunal in two respects. First it is said that there was no competent evidence before the Tribunal which allowed the...
Published on internet Tuesday January 19, 2010 11:59:03 GMT at http://www.scotcourts.gov.uk/opinions/2010CSIH4.html
10. MAUREEN FLOOD v. THE UNIVERSITY COURT OF THE UNIVERSITY OF GLASGOW, 25 November 2009, Lord Hardie+Lord Marnoch+Lord Wheatley
...[1] The pursuer was formerly employed by St Andrews College, Bearsden in Glasgow. The college merged with the defenders and respondents on 1 April 1999 and the pursuer therefore became an employee of the defenders at that date. She was employed as a senior lecturer within the department of Curriculum Studies in the Faculty of Education in the university. Following the merger the pursuer says that she found her workload increased considerably and progressively. She was...
Published on internet Monday January 18, 2010 11:50:49 GMT at http://www.scotcourts.gov.uk/opinions/2010CSIH3.html
11. ALEXANDER MARSHALL WISHART v. CASTLECROFT SECURITIES LTD AND OTHERS, 25 November 2009, Lord Reed+Sir David Edward+Lord Carloway
...[1] Following the issue of the Opinion of the Court dated 21 July 2009 ([2009] CSIH 65), the petitioner applied for an award of expenses against the first respondents, Castlecroft Securities Ltd ("the Company"). The court was invited to find the Company liable to the petitioner in the expenses of process to date, on an agent and client, client paying, basis. That application was made on the basis that, since the court had held that the petitioner should be indemnified...
Published on internet Monday January 18, 2010 11:50:48 GMT at http://www.scotcourts.gov.uk/opinions/2010CSIH2.html
12. MATTHEW McALLISTERS AND 6 OTHERS v. HER MAJESTY'S ADVOCATE, 11 December 2009, Lord Wheatley+Lady Paton+Lord Marnoch
...(1) MATTHEW McALLISTER (2) CONNIE HENDRY (3) JOHN HANNAH (4) YVONNE HUGHES (5) MARK McALLISTER (6) MARGARET McALLISTER (7) KEVIN FERN Appellants; against HER MAJESTY'S ADVOCATE Respondent: _______ Petitioner: (1) Smith Q.C., Capital Defence Lawyers, Edinburgh (2) Gebbie, Advocate, Barony Law Practice, Edinburgh (3) McCluskey, Advocate; Ian McCarry, Glasgow (4) Ogg, Solicitor Advocate; Capital Defence Lawyers,...
Published on internet Monday January 18, 2010 09:42:56 GMT at http://www.scotcourts.gov.uk/opinions/2009HCJAC107.html
13. M.S. FOR JUDICIAL REVIEW OF DECISIONS OF THE SECRETARY OF STATE FOR THE HOME DEPARTMENT v. , 16 December 2009, Lord Bonomy
...[1] The route by which the petitioner, who is apparently Ethiopian, ended up in Glasgow on 3 July 2009 is far from clear. He applied for asylum and later that day underwent a short Screening Interview by a representative of the UK Border Agency at which he gave personal details, information about his journey to the United Kingdom and brief particulars of his asylum claim, as requested. In accordance with the normal procedure for such applications for asylum, a second...
Published on internet Thursday January 14, 2010 12:10:24 GMT at http://www.scotcourts.gov.uk/opinions/2009CSOH172.html
14. EDWARD JOHNSTONE v. WILLIAM MORTON LIMITED, 18 December 2009, Morag Wise, Q.C.
...[1] In this action the pursuerpursuer, who was born on 10 November 1947, seeks damages in respect of personal injuries which he suffered in a road accident on 17 August 2004. Liability has been admitted by the defendersdefenders, as has the fact that the pursuerpursuer did sustain injury in the accident. The proof before me was accordingly concerned only with quantification of damages. While the pursuerpursuer had initially been represented in these proceedings, he...
Published on internet Wednesday January 13, 2010 15:18:47 GMT at http://www.scotcourts.gov.uk/opinions/2009CSOH173.html
15. COLIN LEGGAT v. ANTHONY RALPH+ALLIANZ INSURANCE PLC, 13 January 2010, Morag Wise, Q.C.
...[1] The pursuer ("Mr Leggat") sues for damage for personal injuries sustained in a Road Traffic accident on 30 May 2005. Liability is admitted and no question of contributory negligence arises. The proof was accordingly restricted to the issue of quantum. [2] In addition to the pursuer himself, evidence was led in his case from his wife, Lesley Leggat, Andrew Crawford, a former colleague of the pursuer, Mr Angus McLean (Consultant Orthopaedic Surgeon), Mr Barral, the...
Published on internet Wednesday January 13, 2010 11:58:24 GMT at http://www.scotcourts.gov.uk/opinions/2010CSOH4.html
16. ROYAL BANK OF SCOTLAND PLC v. WILLIAM DEREK CARLYLE, 13 January 2010, Lord Glennie
...[1] In this action, the pursuer ("the Bank") claims the sum of £1,449,660 with interest from the date of citation until payment. Its case is straightforward. It says that, pursuant to agreements dated 24 and 25 July 2007 ("the loan agreements"), it lent the defender £845,000 and £560,000 to assist with the purchase of Plot 5, Queen's Crescent, Gleneagles Hotel, Perthshire ("the property" or, sometimes, "Plot 5"). The funds were drawn down on 7 August 2007. The...
Published on internet Wednesday January 13, 2010 11:58:23 GMT at http://www.scotcourts.gov.uk/opinions/2010CSOH3.html
17. MORRIS PETCH+ROBERT FOYE v. HER MAJESTY'S ADVOCATE, 08 January 2010, Lord Clarke+Lord Emslie+Lord Osborne
...[1] The first-named appellant, Morris Petch, was convicted on 24 May 2007 at the High Court in Edinburgh on two charges of rape. The charges were in the following terms, which include the deletions and amendments made during the course of the trial: "(11) On various occasions between 17 September 1990 and 4 June 1992, both dates inclusive, the precise dates being to the Prosecutor unknown, at [two specified addresses in Edinburgh] you... Morris Petch did while acting...
Published on internet Tuesday January 12, 2010 11:56:57 GMT at http://www.scotcourts.gov.uk/opinions/2010HCJAC02.html
18. LUMINAR LAVA IGNITE LIMITED v. MAMA GROUP PLC+MEAN FIDDLER HOLDINGS LIMITED, 12 January 2010, Lord President+Lord Eassie+Lord Hodge
...[1] I have had the opportunity of reading Lord Hodge's Opinion in draft. I agree with him that, for the reasons he gives, the two items of evidence sought to be relied on from the parties' pre-contractual communings ought to be excluded from consideration when construing the contract. I also agree with him (para [39]) that it would be more difficult for parties to know where they stand on the respondents' construction than on the reclaimers'; but that this is not a...
Published on internet Tuesday January 12, 2010 11:56:53 GMT at http://www.scotcourts.gov.uk/opinions/2010CSIH01.html
19. AXA GENERAL INSURANCE LIMITED AND OTHERS FOR JUDICIAL REVIEW OF THE DAMAGES (ASBESTOS-RELEATED CONDITIONS) (SCOTLAND) ACT 2009 v. , 08 January 2010, Lord Emslie
...1 Rothwell and the Act 14 II. The petitioners' locus standi Introduction 40 Article 34 considerations 42 Common law considerations 52 General discussion 58 The "Ullah principle" 68 Specification 78 Forum 81 Conclusion 83 III. Title and interest of the third to tenth defenders 84 IV. Competency of the...
Published on internet Monday January 11, 2010 15:25:24 GMT at http://www.scotcourts.gov.uk/opinions/2010CSOH02.html
20. ALISTAIR HEGGIE v. HER MAJESTY'S ADVOCATE, 11 December 2009, Lord Clarke+Lord Emslie+Lord Philip
...[1] The appellant was convicted on 12 October 2006 in the High Court of Justiciary at Glasgow of four charges, a contravention of Section 6 of the Criminal Law (Consolidation) (Scotland) Act 1995, a charge of indecent assault and two charges of assault to injury. The conviction for indecent assault was quashed by this Court on 23 January 2009. [2] The terms of the three charges of which the appellant remains convicted are as follows: "(1) on 23 July 2005 within a...
Published on internet Monday January 11, 2010 11:14:42 GMT at http://www.scotcourts.gov.uk/opinions/2009HCJAC96.html
21. ELIZABETH THOMSON v. PROCURATOR FISCAL, PETERHEAD, 16 December 2009, Lady Paton+Sheriff Principal Brian A Lockhart+Sheriff Principal E.F. Bowen
...[1] The Dangerous Dogs Act 1991 provides: "3. Keeping dogs under proper control (1) If a dog is dangerously out of control in a public place - (a) the owner; and (b) if different, the person for the time being in charge of the dog, is guilty of an offence, or, if the dog while so out of control injures any person, an aggravated offence, under this subsection ... 10. Short title, interpretation, commencement and extent ... (3) For the purposes of this Act...
Published on internet Monday January 11, 2010 11:14:41 GMT at http://www.scotcourts.gov.uk/opinions/2009HCJAC101.html
22. PETER MORRIS HETHERINGTON v. HER MAJESTY'S ADVOCATE, 06 January 2010, Lord Bracadale+Lord Osborne+Lord Woolman
...[2010] HCJAC 1 XC235/07 OPINION OF THE COURT delivered by LORD BRACADALE in NOTE OF APPEAL AGAINST CONVICTION by PETER MORRIS HETHERINGTON Appellant; against HER MAJESTY'S ADVOCATE, Respondent: _______ Act: D. Findlay QC, V. Young; Lavery Smith & Co, Glasgow Alt: P. Ferguson QC, Crown Agent 6 January 2010 [1] On 9 March 2007 after trial at the High Court at Glasgow the appellant was...
Published on internet Wednesday January 06, 2010 11:57:22 GMT at http://www.scotcourts.gov.uk/opinions/2010HCJAC1.html
23. PETITION OF MARY BUCHAN FORBES v. ABERDEENSHIRE COUNCIL+TRUMP INTERNATIONAL GOLF LINKS FOR JUDICIAL REVIEW, 06 January 2010, Lady Smith
...[1] This petition concerns plans to build a golf course and associated leisure development in an area along the coast to the north of Aberdeen. The second respondents have outline planning permission for the development. The hearing before me concerned the grant by the first respondents to them of full planning permission (ref. FIAPP/2009/2479) to carry out works to an area of sand dunes for the purpose of stabilising them. The petitioner sought the following interim...
Published on internet Wednesday January 06, 2010 11:57:21 GMT at http://www.scotcourts.gov.uk/opinions/2010CSOH1.html
24. JAMES BRAES v. THE KEEPER OF THE REGISTERS OF SCOTLAND, 30 December 2009, M.G. Thomson, Q.C.
...[1] In this action the pursuer, an individual, seeks various remedies against the Keeper of the Registers of Scotland ("the Keeper") arising from the alleged failure of the latter to enter details of an alleged right of pre-emption in the burdens section of title sheet FFE12758 in the Land Register of Scotland ("the Register"). The pursuer avers three bases for the remedies which he seeks. First, he maintains that correspondence between solicitors on his behalf and the...
Published on internet Wednesday December 30, 2009 11:55:45 GMT at http://www.scotcourts.gov.uk/opinions/2009CSOH176.html
25. MULTI LINK LEISURE DEVELOPMENTS v. NORTH LANARKSHIRE COUNCIL, 30 December 2009, Lord Carloway+Lord Hardie+Sir David Edward
...[1] The issue in this case concerns the interpretation and effect of a clause in a lease of land at Cumbernauld that grants the tenants an option to purchase. The lessors were the local authority, North Lanarkshire Council ('the landlords') and the lessees were a development company, Multi-Link Leisure Developments Ltd ('the tenants'). Although the Lease is dated 18 January and 11 February 2000, the date of entry was 1 June 1999, and the term of the Lease was 50 years...
Published on internet Wednesday December 30, 2009 11:55:40 GMT at http://www.scotcourts.gov.uk/opinions/2009CSIH96.html
26. BAILLIE ESTATES LTD v. DU PONT (UK) LTD, 30 December 2009, Lord Carloway+Lord Clarke+Sir David Edward
...[1] This commercial action relates to a transaction regarding the acquisition from the defenders by the pursuers of a large printing machine. It is averred the machine was ultimately made available to the pursuers for their use on or about 11 January 2007. The pursuers (the now respondents) claim that almost immediately thereafter they experienced fundamental problems with its operation. In the present proceedings, the respondents seek a declarator regarding the...
Published on internet Wednesday December 30, 2009 11:55:38 GMT at http://www.scotcourts.gov.uk/opinions/2009CSIH95.html
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