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Scotland: Case Law, Legislation, Links 03-01-15

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Scotland: Case Law, Legislation, Links 03-01-15

Postby dls » Wed Jan 07, 2015 10:16 am

Scots law and practice.
Please take the time to explore these links. Once you get used to what is provided, the power to enquire about the law is properly substantial. Suggestions for further leading cases, statutes, links and corrections are always welcome. I give my warm thanks to those who have suggested material.

Case law:
Leading Cases:
    Adams and Others -v- Lord Advocate; IHCS 31-Jul-2002 - (Opinion) The applicants challenged the introduction of restrictions of hunting by foxes, arguing that the law would infringe their human rights.
    ANS and Another -v- ML; SC 11-Jul-2012 - The mother opposed adoption proceedings, and argued that the provision in the 2007 Act, allowing a court to dispense with her consent, infringed her rights under Article 8 and was therefore made outwith the powers of the Scottish Parliament.
    C R Smith Glaziers (Dunfermline) Limited -v- Commissioners of Customs and Excise; HL 20-Feb-2003 - The taxpayer sold double glazing, supported by an insured guarantee, for which a charge was made. The additional charge was exempt, but it was contended that the contract should have stated the amount pursuant to Note 5.
    CM -v- STS; SCS 2-Sep-2008 - The pursuer sought payment of substantial sums, having been disadvantaged by ceasing work to care for the parties’ children. She also asserted that the defender had been advantaged by her taking the care of the children. The parties were not married but had lived together, and a sum could now be claimed on cessation under the 1996 Act. The defender had fallen into arrears with his payments to the Child Support Agency.
    English -v- North Lanarkshire Council; SCS 22-Jan-1999 - The application of the phrase ‘work equipment’ is to protect the workman using such equipment. This might embrace routine maintenance or cleaning or even minor repairing while the machine is operating.
    Glasgow Corporation -v- Taylor; HL 18-Nov-1921 - A father brought an action for damages for the death of his son who had eaten poisonous berries growing in one of the defenders’ public parks. The plants were easily accessible from a children’s play area and it was said that the defender had a duty to warn children against the danger or to prevent them from reaching the shrubs.
    Gow -v- Grant; SC 24-May-2012 - The parties had lived together as an unmarried couple, but separated. Mrs Gow applied under the 2006 Act for provision. Mr Grant’s appeal succeeded at the Inner House, and Mrs Gow now herself appealed.
    Imperial Tobacco Ltd -v- The Lord Advocate; SC 12-Dec-2012 - The claimant company said that the 2010 Act was outside the competence of the Scottish Parliament insofar as it severely restricted the capacity of those selling cigarettes to display them for sale. They suggested two faults. First, that the subject matters were reserved to the UK Parliament under the 1998 Act. Second that the Act purported to alter secondary Regulations made by the UK Parliament which again contained matters reserved to that Parliament.
    Morris -v- Rae; SC 7-Nov-2012 - The pursuer had bought land from the responder which in turn had bought from a company now in liquidation. On application for registration, the Keepr of the registers said the title had not been made out, and he was unable to complete the registration. The appeallant claimed breach of warrandice, the contractual warranty of title given by a vendor to a purchaser. There had been an eviction threat at an earlier stage, but the threat was made by someone whose own title had not been perfected. The Court was now asked whether the person who makes the threat of eviction has to have an unquestionable title to the property at the time when the threat is made and, if not, what the purchaser in those circumstances has to show in order to trigger the seller’s liability under the warrandice.
    Salvesen’s Trustees -v- Inland Revenue Commissioners; SCS 1930 - The court considered the valuation of shares in a notional purchase. The company’s articles of association contained a provision that the company might at any time, by extraordinary resolution, resolve that any shareholder, other than a director or a person holding more than 10 per cent of the shares of the company do transfer his shares, and, to put it shortly, that upon such a transfer the vendor would only be entitled to their nominal value if fully paid.
Legislation:
    1706
    1956
    1960
      Occupiers’ Liability (Scotland) Act 1960 / 30 -|- [url=http://lawindexpro.co.uk/cgi-bin/pubsrch.pl?&sta=Occupiers’+Liability+Scotland+Act+1960]Case law[/url] -|- See Also:, Torts - Other
      An Act to amend the law of Scotland as to the liability of occupiers and others for injury or damage occasioned to persons or property on any land or other premises by reason of the state of the premises or of anything done or omitted to be done thereon; and for purposes connected with the matter aforesaid.
    1961
    1963
      Wills Act 1963 / 44 -|- Case law -|- See Also: Wills and Probate
      An Act to repeal the Wills Act 1861 and make new provision in lieu thereof; and to provide that certain testamentary instruments shall be probative for the purpose of the conveyance of heritable property in Scotland.
    1973
      Prescription and Limitation (Scotland) Act 1973 / 52 -|- Case law -|- See Also:, Limitation, Land
      An Act to replace the Prescription Acts of 1469, 1474 and 1617 and make new provision in the law of Scotland with respect to the establishment and definition by positive prescription of title to interests in land and of positive servitudes and public rights of way, and with respect to the extinction of rights and obligations by negative prescription; to repeal certain enactments relating to limitation of proof; to re-enact with modifications certain enactments relating to the time-limits for bringing legal proceedings where damages are claimed which consist of or include damages or solatium in respect of personal injuries or in respect of a person’s death and the time-limit for claiming contribution between wrongdoers; and for purposes connected with the matters aforesaid.
    1974
      Rent Act 1974 / 51 -|- Case law -|- See Also: Landlord and Tenant, Housing
      An Act to amend the Rent Act 1968 and the Rent (Scotland) Act 1971 and the provisions of Part II of the Housing Finance Act 1972 and of the Housing (Financial Provisions) (Scotland) Act 1972 relating to rent allowances, and for connected purposes.
    1975
      Evidence (Proceedings in other Jurisdictions) Act 1975 / 34 -|- Case law -|- See Also: Evidence, Northern Ireland, International
      An Act to make new provision for enabling the High Court, the Court of Session and the High Court of Justice in Northern Ireland to assist in obtaining evidence required for the purposes of proceedings in other jurisdictions; to extend the powers of those courts to issue process effective throughout the United Kingdom for securing the attendance of witnesses; and for purposes connected with those matters.
    1976
    1977
      Unfair Contract Terms Act 1977 / 50 -|- Case law -|- See Also: Contract, Negligence
      An Act to impose further limits on the extent to which under the law of England and Wales and Northern Ireland civil liability for breach of contract, of for negligence or other breach of duty, can be avoided by means of contract terms and otherwise, and under the law of Scotland civil liability can be avoided by means of contract terms.
      Conveyancing and Feudal Reform (Scotland) Act 1977 / 35 -|- Case law -|- See Also:, Land
      An Act to provide as respects Scotland for the variation and discharge of certain obligations relating to land; to facilitate the allocation of feuduties and ground annuals; to reduce the period of positive prescription of 20 years to 10 years; to provide for a new form of heritable security; to make certain amendments to the existing law relating to heritable securities; to make certain other amendments to the law relating to conveyancing; to abolish the rights of pre-emption of heritors in respect of glebes; to amend the Lands Tribunal Act 1949; and for connected purposes.
    1984
      Prescription and Limitation (Scotland) Act 1984 / 45 -|- Case law -|- See Also:, Damages, Limitation, Personal Injury
      An Act to make new provision for Scotland with respect to the extinction of obligations to make contributions between wrongdoers; to amend the law relating to the time-limits for bringing actions which consist of or include a claim of damages in respect of personal injuries or a person’s death; to make provision relating to the application of rules of law of a country other than Scotland in respect of the extinction of obligations or the limitation of time within which proceedings may be brought to enforce obligations; and for connected purposes.
    1985
      Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 / 73 -|- Case law -|- See Also:, Local Government, Landlord and Tenant, Evidence, legal Professions
      An Act to amend the law of Scotland in respect of certain leases, other contracts and obligations; certain courts and their powers; evidence and procedure; certain criminal penalties; the care of children; the functions of the Commissioner for Local Administration; solicitors; and certain procedures relating to crofting and the valuation of sheep stocks; and to make, as respects Scotland, certain other miscellaneous reforms of the law.
    1986
      Public Order Act 1986 / 64 -|- Case law -|- See Also: Crime, Land
      An Act to abolish the common law offences of riot, rout, unlawful assembly and affray and certain statutory offences relating to public order; to create new offences relating to public order; to control public processions and assemblies; to control the stirring up of racial hatred; to provide for the exclusion of certain offenders from sporting events; to create a new offence relating to the contamination of or interference with goods; to confer power to direct certain trespassers to leave land; to amend section 7 of the Conspiracy and Protection of Property Act 1875, section 1 of the Prevention of Crime Act 1953, Part V of the Criminal Justice (Scotland) Act 1980 and the Sporting Events (Control of Alcohol etc.) Act 1985; to repeal certain obsolete or unnecessary enactments; and for connected purposes.
    1987
      Animals (Scotland) Act 1987 / 9 -|- Case law -|- See Also: Animals, Personal Injury
      An Act to make provision for Scotland with respect to civil liability for injury or damage caused by animals, the detention of straying animals and the protection of persons or livestock from animals; and for connected purposes.
    1988
      Road Traffic Offenders Act 1988 / 53 -|- Case law -|- See Also: Road Traffic, Criminal Sentencing
      An Act to consolidate certain enactments relating to the prosecution and punishment (including the punishment without conviction) of road traffic offences with amendments to give effect to recommendations of the Law Commission and the Scottish Law Commission.
      Housing (Scotland) Act 1988 / 43 -|- Case law -|- See Also: Housing, Benefits
      An Act to establish a body having functions relating to housing; and, as respects Scotland, to make further provision with respect to houses let on tenancies; to confer on that body and on persons approved for the purpose the right to acquire from public sector landlords certain houses occupied by secure tenants; to make new provision as to the limit on discount on the price of houses purchased by secure tenants; to provide for the making of local authority grants to assist local authority tenants to obtain accommodation otherwise than as such tenants; to abolish, and make interim provision for the capitalisation of, certain subsidies and contributions relating to housing; to make further provision about rent officers and the administration of housing benefit and rent allowance subsidy; to make provision for the disposal of housing land by development corporations; and for connected purposes.
      Court of Session Act 1988 / 35 -|- Case law -|- See Also:, Constitutional
      An Act to consolidate, with amendments to give effect to recommendations of the Scottish Law Commission, certain enactments relating to the constitution, administration and procedure of the Court of Session and procedure on appeal therefrom to the House of Lords; and to repeal, in accordance with recommendations of the Scottish Law Commission, certain enactments relating to the aforesaid matters which are no longer of practical utility.
      Court of Session Act 1988 / 36 -|- Case law -|- See Also:, Litigation Practice
      An Act to consolidate, with amendments to give effect to recommendations of the Scottish Law Commission, certain enactments relating to the constitution, administration and procedure of the Court of Session and procedure on appeal therefrom to the House of Lords; and to repeal, in accordance with recommendations of the Scottish Law Commission, certain enactments relating to the aforesaid matters which are no longer of practical utility.
      Civil Evidence (Scotland) Act 1988 / 32 -|- Case law -|- See Also:, Evidence
      An Act to make fresh provision in relation to civil proceedings in Scotland regarding corroboration of evidence and the admissibility of hearsay and other evidence; and for connected purposes.
    1991
    1993
      Video Recordings Act 1993 / 24 -|- Case law -|- See Also: Crime, Media
      An Act to amend the Video Recordings Act 1984 and, so far as it relates to evidence by certificate in respect of offences under the 1984 Act, the Criminal Justice (Scotland) Act 1980.
    1995
    1997
      Contract (Scotland) Act 1997 / 32 -|- Case law -|- See Also: Contract, Evidence
      An Act to reform the law of Scotland relating to the admissibility of extrinsic evidence to prove an additional term of a contract or unilateral voluntary obligation, to the supersession of a contract by a deed executed in implement of it and to the obtaining of damages for breach of contract of sale; and for connected purposes.
    1998
      Scotland Act 1998 / 11 -|- Explanatory Note -|- Case law -|- See Also:, Constitutional
      An Act to amend the Scotland Act 1998 and make provision about the functions of the Scottish Ministers; and for connected purposes.
      Scotland Act 1998 / 46 -|- Case law -|- See Also: Constitutional, Elections
      An Act to provide for the establishment of a Scottish Parliament and Administration and other changes in the government of Scotland; to provide for changes in the constitution and functions of certain public authorities; to provide for the variation of the basic rate of income tax in relation to income of Scottish taxpayers in accordance with a resolution of the Scottish Parliament; to amend the law about parliamentary constituencies in Scotland; and for connected purposes.
      Civil Evidence (Scotland) Act 1998 / 32 -|- Case law -|- See Also: Evidence
      An Act to make fresh provision in relation to civil proceedings in Scotland regarding corroboration of evidence and the admissibility of hearsay and other evidence; and for connected purposes.
    1999
      Access to Justice Act 1999 / 22 -|- Case law -|- See Also: Legal Aid, Legal Professions, Magistrates
      An Act to establish the Legal Services Commission, the Community Legal Service and the Criminal Defence Service; to amend the law of legal aid in Scotland; to make further provision about legal services; to make provision about appeals, courts, judges and court proceedings; to amend the law about magistrates and magistrates’ courts; and to make provision about immunity from action and costs and indemnities for certain officials exercising judicial functions.
    2000
      Regulation of Investigatory Powers (Scotland) Act 2000 / 11 -|- Explanatory Note -|- Case law -|- See Also:, Crime, Police
      An Act of the Scottish Parliament to regulate surveillance and the use of covert human intelligence sources.
      Freedom of Information (Scotland) Act 2000 / 13 -|- Explanatory Note -|- Case law -|- See Also: Information
      An Act of the Scottish Parliament to make provision for the disclosure of information held by Scottish public authorities or by persons providing services for them; and for connected purposes.
      Abolition of Feudal Tenure (Scotland) Act 2000 / 5 -|- Case law -|- See Also:, Land
      An Act of the Scottish Parliament to abolish the feudal system of land tenure; to abolish a related system of land tenure; to make new provision as respects the ownership of land; to make consequential provision for the extinction and recovery of feuduties and of certain other perpetual periodical payments and for the extinction by prescription of any obligation to pay redemption money under the Land Tenure Reform (Scotland) Act 1974; to make further provision as respects real burdens affecting land; to provide for the disentailment of land; to discharge all rights of irritancy held by superiors; to abolish the obligation of thirlage; to prohibit with certain exceptions the granting of leases over land for periods exceeding 175 years; to make new provision as respects conveyancing; to enable firms with separate personality to own land; and for connected purposes.
    2001
      Mortgage Rights (Scotland) Act 2001 / 11 -|- Explanatory Note -|- Case law -|- See Also:, Land, Housing
      An Act of the Scottish Parliament to provide for the suspension in certain circumstances of enforcement rights of a creditor in a standard security over property used for residential purposes and the continuation of proceedings relating to those rights; to make provision for notifying tenants and other occupiers of enforcement action by a creditor in a standard security; and for connected purposes.
      Housing (Scotland) Act 2001 / 10 -|- Case law -|- See Also: Housing
      An Act of the Scottish Parliament to make provision about housing, including provision about homelessness and the allocation of housing accommodation by social landlords, the tenants of social landlords, the regulation of social landlords, Scottish Homes, the strategic housing functions of the Scottish Ministers and local authorities and grants for improvement and repairs; and for connected purposes.
    2003
      Prohibition of Female Genital Mutilation (Scotland) Act 2003 / 8 -|- Explanatory Note -|- Case law -|- See Also:, Crime
      An Act of the Scottish Parliament to restate and amend the law relating to female genital mutilation and to provide for extra-territorial effect; and for connected purposes.
      Agricultural Holdings (Scotland) Act 2003 / 11 -|- Explanatory Note -|- Case law -|- See Also:, Agriculture
      An Act of the Scottish Parliament to amend the law relating to agricultural holdings under the Agricultural Holdings (Scotland) Act 1991; to provide for new forms of agricultural tenancies and to make provision in relation to these tenancies; to provide for the right of certain agricultural tenants to buy land; to provide for the use of certain agricultural land for non-agricultural purposes; to make special provision for certain agricultural tenancies where the tenant is a partnership; to make new provision for the resolution of disputes between landlords and tenants arising under agricultural tenancies; and for connected purposes.
    2007
      Adoption and Children (Scotland) Act 2007 / 4 -|- Explanatory Note -|- Case law -|- See Also: Adoption, Children
      An Act of the Scottish Parliament to restate and amend the law relating to adoption; to make other provision in relation to the care of children; to enable provision to be made in relation to allowances in respect of certain children; and for connected purposes.
    2008
      Statute Law (Repeals) Act 2008 / 12 -|- Case law -|- See Also:, Armed Forces, Customs and Excise
      An Act to promote the reform of the statute law by the repeal, in accordance with recommendations of the Law Commission and the Scottish Law Commission, of certain enactments which (except in so far as their effect is preserved) are no longer of practical utility, and to make other provision in connection with the repeal of those enactments.
    2009
    2010
      Criminal Procedure (Legal Assistance, Detention and Appeals) (Scotland) Act 2010 / 15 -|- Case law -|- See Also:, Criminal Practice
      An Act of the Scottish Parliament to make provision for persons being questioned by the police on suspicion of having committed an offence to have a right of access to legal assistance; to enable provision to be made for criminal advice and assistance under the Legal Aid (Scotland) Act 1986 to be available for such persons in certain circumstances without reference to financial limits; to extend the period during which a person may be detained under section 14 of the Criminal Procedure (Scotland) Act 1995, and to enable that period to be further extended in certain circumstances; to provide for a right to make representations in relation to applications for extension of time limits for bringing appeals; to provide a time limit for lodging bills of suspension or advocation; to make provision about the grounds for references made to the High Court by the Scottish Criminal Cases Review Commission and to confer power on the High Court to reject such references in certain circumstances; and for connected purposes.
      Constitutional Reform and Governance Act 2010 / 25 -|- Explanatory Note -|- Case law -|- See Also:, Elections, Constitutional, Information
      An Act to make provision relating to the civil service of the State; to make provision in relation to section 3 of the Act of Settlement; to make provision relating to the ratification of treaties; to make provision relating to the counting of votes in parliamentary elections; to amend the Parliamentary Standards Act 2009 and the European Parliament (Pay and Pensions) Act 1979 and to make provision relating to pensions for members of the House of Commons, Ministers and other office holders; to make provision for treating members of the House of Commons and members of the House of Lords as resident, ordinarily resident and domiciled in the United Kingdom for taxation purposes; to amend the Government Resources and Accounts Act 2000 and to make corresponding provision in relation to Wales; to amend the Public Records Act 1958 and the Freedom of Information Act 2000.
      Bail, Judicial Appointments (Scotland) Act 2010 / 39 -|- Case law -|- See Also:, Criminal Practice
      An Act of the Scottish Parliament to change the law about bail; to enable alteration in the number of judges in the Inner House of the Court of Session; to abolish temporary sheriffs and create a new kind of sheriff; to change the law about justices of the peace; and to abolish district court prosecutions brought on behalf of or by local authorities.
      Arbitration (Scotland) Act 2010 / 1 -|- Explanatory Note -|- Case law -|- See Also: Arbitration
      An Act of the Scottish Parliament to make provision about arbitration.
    2013
    2014
      Public Bodies (Joint Working) (Scotland) Act 2014 / asp 9 -|- Case law -|- See Also:, Local Government, Health
      An Act of the Scottish Parliament to make provision in relation to the carrying out of functions of local authorities and Health Boards; to make further provision about certain functions of public bodies; to make further provision in relation to certain functions under the National Health Service (Scotland) Act 1978; and for connected purposes.
      Procurement Reform (Scotland) Act 2014 / asp 12 -|- Case law -|- See Also:, Admiistrative
      An Act of the Scottish Parliament to make provision about the procedures relating to the award of certain public contracts; to require certain authorities to produce procurement strategies and annual reports; and for connected purposes.
      Marriage and Civil Partnership (Scotland) Act 2014 / asp 5 -|- Case law -|- See Also:, Family
      An Act of the Scottish Parliament to make provision for the marriage of persons of the same sex; to make further provision as to the persons who may solemnise marriage and as to marriage procedure and the places at which civil marriages may be solemnised; to make provision for the registration of civil partnerships by celebrants of religious or belief bodies; to make provision about gender change by married persons and civil partners; to make a minor correction in relation to registration information; and for connected purposes.
      Budget (Scotland) Act 2014 / asp 6 -|- Case law
      An Act of the Scottish Parliament to make provision, for financial year 2014/15, for the use of resources by the Scottish Administration and certain bodies whose expenditure is payable out of the Scottish Consolidated Fund, for the maximum amounts of borrowing by certain statutory bodies and for authorising the payment of sums out of the Fund; to make provision, for financial year 2015/16, for authorising the payment of sums out of the Fund on a temporary basis; and for connected purposes.

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