Scotland Case Law

(First) Susan Marion Lever; (Second) Lynette Lewis; (Third) Brian Lever; (Fourth) Lennox Fitchett; (Fifth) Marcus Fitchett and (Sixth) Brian Lever against Ayrshire and Arran Health Board

Lord Harrower held that dependent relatives may recover under section 3 of the Damages (Scotland) Act 2011 where negligence materially accelerated death, even if it did not cause the death itself.

• Interpretation of section 3 of the damages (scotland) act 2011
• Acceleration of death
• Dependent relatives' claims
• Loss of life expectancy
• Statutory construction
• Damages-scotland-act-2011

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Glasgow City Council against MM (Sheriff Appeal Court Civil)

Glasgow City Council against MM (Sheriff Appeal Court Civil) [2024] SACCIV 38 (12 August 2024)

The Sheriff Appeal Court held that section 81(1) of the 2007 Act is not severable, so a permanence order could not competently be made for a child over 16.

• Permanence orders
• Adoption and children (scotland) act 2007
• Parental rights and responsibilities
• Competency of orders
• Statutory construction
• Permanence-orders

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PETITION BY FAIR PLAY FOR WOMEN LIMITED FOR JUDICIAL REVIEW

PETITION BY FAIR PLAY FOR WOMEN LIMITED FOR JUDICIAL REVIEW [2022] ScotCS CSOH_20 (17 February 2022)

The Court of Session refused judicial review of census guidance on the sex question, holding it did not authorise unlawful conduct and that “sex” is context-dependent.

• Census guidance
• Definition of sex
• Transgender rights
• Statutory construction
• Penalisation
• Equality act 2010

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APPEAL UNDER SECTION 13 OF THE TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007 BY VERMILION HOLDINGS LTD AGAINST THE COMMISSIONERS FOR HER MAJESTY'S REVENUE AND CUSTOMS

APPEAL UNDER SECTION 13 OF THE TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007 BY VERMILION HOLDINGS LTD AGAINST THE COMMISSIONERS FOR HER MAJESTY'S REVENUE AND CUSTOMS [2021] ScotCS CSIH_45 (20 August 2021)

Court of Session held that a replacement share option for a director was not taxed as employment-related on these facts; the FtT decision was restored.

• Employment-related securities
• Income tax on share options
• Interpretation of deeming provisions
• Capital gains vs income tax
• Statutory construction
• Employment-related-securities

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KEEN, THE RIGHT HONOURABLE THE LORD KEEN OF ELIE QC, ADVOCATE GENERAL FOR SCOTLAND FOR JUDICIAL REVIEW

KEEN, THE RIGHT HONOURABLE THE LORD KEEN OF ELIE QC, ADVOCATE GENERAL FOR SCOTLAND FOR JUDICIAL REVIEW [2019] ScotCS CSOH_79 (15 October 2019)

The Court of Session held that “skull” in the 2012 Criminal Injuries Compensation Scheme does not include nasal bones, and reduced the tribunal’s decision.

• Definition of 'skull' under criminal injuries compensation scheme 2012
• Compensation for nasal bone fractures
• Statutory construction
• Tribunal procedure
• Statutory-interpretation
• Criminal-injuries-compensation

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OBJECTIONS TO THE AUDITOR'S REPORT IN THE CASE OF PF GLASGOW V SCOTT REDMOND

OBJECTIONS TO THE AUDITOR'S REPORT IN THE CASE OF PF GLASGOW V SCOTT REDMOND [2015] ScotSC 3 (13 January 2015)

The sheriff held that Regulation 4(5B) applied to a mixed plea case, reducing the solicitor’s fixed legal aid fee from £485 to £242.50.

• Legal aid fixed payments
• Statutory construction
• Solicitor remuneration
• Mixed plea procedure
• Legal-aid
• Statutory-interpretation

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Trump International Gold Club Scotland Ltd & Anor v The Scottish Ministers & Anor

Trump International Gold Club Scotland Ltd & Anor v The Scottish Ministers & Anor [2014] ScotCS CSOH_22 (11 February 2014)

Judicial review of Scottish Ministers’ section 36 consent for an offshore wind farm was refused; the court held consent could be granted to a non-licence holder.

• Electricity act 1989
• Section 36 consent
• Judicial review
• Statutory construction
• Environmental impact assessment
• Public inquiry

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HER MAJESTY'S ADVOCATE v. ANDREW ALAN BLANCE & ALEXANDER GEORGE COCKBURN & WARNER KING EASTON & RYAN DAVID LOW & CHARFLES DAVID RAYNES & LEON WILLIAM WALKER

HER MAJESTY'S ADVOCATE v. ANDREW ALAN BLANCE & ALEXANDER GEORGE COCKBURN & WARNER KING EASTON & RYAN DAVID LOW & CHARFLES DAVID RAYNES & LEON WILLIAM WALKER [2013] ScotSC 36 (16 May 2013)

The sheriff refused preliminary defence issues, holding that section 2(2) of the 2012 Act exhaustively defines when behaviour is in relation to a regulated football match.

• Offensive behaviour at football matches
• Offensive behaviour at football and threatening communications (scotland) act 2012
• Statutory construction
• Public order offences
• Statutory-interpretation
• Criminal-law

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Tortolano v Ogilvie Construction Ltd

Tortolano v Ogilvie Construction Ltd [2013] ScotCS CSIH_10 (21 February 2013)

The Inner House held that the statutory discount rate for future damages applies generally, and section 1(2) of the Damages Act 1996 is limited to case-specific features.

• Discount rate for future pecuniary loss
• Damages act 1996 section 1
• Damages (personal injury) (scotland) order 2002
• Judicial discretion to depart from prescribed rate
• Statutory construction
• Personal-injury-damages

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Forbes v. Cameron

Forbes v. Cameron [2010] ScotCS CSIH_25 (01 April 2010)

The Inner House held that a lease reference to Whitsunday without further date specification attracted the statutory date of 28 May, making the notice to quit valid.

• Agricultural tenancies
• Notices to quit
• Interpretation of lease terms
• Statutory construction
• Agricultural-tenancies
• Notices-to-quit

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