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List Of Leading Scottish Legal Cases
Leading Scottish legal cases include: Constitutional and Public Law * Burmah Oil Co. v Lord Advocate 965AC 75 * MacCormick v Lord Advocate 1953 SC 396 * Bannatyne v Overtoun 904AC 515 * West v Secretary of State for Scotland 1992 SC 385 *Cherry and others v Advocate General for Scotland 019CSIH 49, then 019UKSC 41 Contract * Boyd & Forest v Glasgow & South-Western Railway Co. 1912 SC(HL) 93 * Dumbarton Steamboat Co. Ltd. v MacFarlane (1899) 1 F 993 * Hunter v General Accident, Fire and Life Assurance Corpn. 1909 SC(HL) 30 * Jacobsen, Sons & Co. v E Underwood & Son Ltd. (1894) 21 R 654 * Morrisson v Robertson 1908 SC 332 * Morton's Trustees v Aged Christian Friend Society of Scotland (1899) 2 F 82 * Philip & Co. v Knoblauch 1907 SC 994 * Wolf and Wolf v Forfar Potato Co 1984 SLT 100 *Smith v Bank of Scotland 1997 SC(HL) 111 Criminal * Brennan v HM Advocate 1977 JC 38 * Cadder v HM Advocate 2010 UKSC 43 * Cawthorne v HM Advocate 1968 JC 32 * Cinci v HM Advocate 2004 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Scotland
Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to the north and west, the North Sea to the northeast and east, and the Irish Sea to the south. It also contains more than 790 islands, principally in the archipelagos of the Hebrides and the Northern Isles. Most of the population, including the capital Edinburgh, is concentrated in the Central Belt—the plain between the Scottish Highlands and the Southern Uplands—in the Scottish Lowlands. Scotland is divided into 32 administrative subdivisions or local authorities, known as council areas. Glasgow City is the largest council area in terms of population, with Highland being the largest in terms of area. Limited self-governing power, covering matters such as education, social services and roads and transportation, is devolved from the Scott ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cinci V HM Advocate
Cincinnati ( ) is a city in the U.S. state of Ohio and the county seat of Hamilton County. Settled in 1788, the city is located at the northern side of the confluence of the Licking and Ohio rivers, the latter of which marks the state line with Kentucky. The city is the economic and cultural hub of the Cincinnati metropolitan area. With an estimated population of 2,256,884, it is Ohio's largest metropolitan area and the nation's 30th-largest, and with a city population of 309,317, Cincinnati is the third-largest city in Ohio and 64th in the United States. Throughout much of the 19th century, it was among the top 10 U.S. cities by population, surpassed only by New Orleans and the older, established settlements of the United States eastern seaboard, as well as being the sixth-most populous city from 1840 until 1860. As a rivertown crossroads at the junction of the North, South, East, and West, Cincinnati developed with fewer immigrants and less influence from Europe than Ea ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hughes V Lord Advocate
is an important Scottish delict case decided by the House of Lords on causation. The case is also influential in negligence in the English law of tort (even though English law does not recognise " allurement" ''per se''). The case's main significance is that, after the shift within the common law of negligence from strict liability to a reasonable standard of care, this case advocated a middle way, namely: *Even if the loss or harm is not itself foreseeable, liability may arise provided the actual loss falls with a "foreseeable class of harm". This idea was neither developed nor expanded upon, and only one year later the claimant in ''Doughty v Turner Manufacturing'' obtained no remedy ''via'' this "middle way". However, the case was followed in subsequent cases on occupiers' liability. Facts One evening in November 1958 two boys aged 8 and 10 were walking down Russell Road, Edinburgh where some Post Office workers were repairing cables under the street. The men had opened a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Donoghue V Stevenson
was a Lists of landmark court decisions, landmark court decision in Scots delict law and English tort law by the House of Lords. It laid the foundation of the modern law of negligence in Common law jurisdictions worldwide, as well as in Scotland, establishing general principles of the duty of care. Also known as the "Paisley Snail" or "Snail in the Bottle" case, the case involved Mrs May Donoghue drinking a bottle of ginger beer in a café in Paisley, Renfrewshire. Unknown to her or anybody else, a decomposed snail was in the bottle. She fell ill, and subsequently sued the ginger beer manufacturer, Mr Stevenson. The House of Lords held that the manufacturer owed a duty of care to her, which was breached because it was reasonably foreseeable that failure to ensure the product's safety would lead to harm to consumers. There was also a sufficiently proximate relationship between consumers and product manufacturers. Prior to ''Donoghue v Stevenson'', liability for personal injury i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bourhill V Young
''Bourhill v Young'' [1943] AC 92 (also titled ''Hay v Young'') is a Scottish delict case, on the subject of how extensive an individual's duty is to ensure others are not harmed by their activities. The case established important boundaries on the scope of recovery for bystanders, or those uninvolved with physical harm. Where a woman suffered psychiatric harm after walking onto the scene of a motorcycle accident, she was deemed not to be a foreseeable victim, having not been in immediate danger of physical harm. Facts On 11 October 1938, Mr Young had been negligently riding a motorcycle along a road, and was involved in a road traffic collision, collision with a car, fatally injuring him. At the time of the crash, Mrs Bourhill was about to leave a tram which she had been riding, around 50 ft from the scene of the accident. Mrs Bourhill heard the crash, commenting "I just got in a pack of nerves, and I did not know whether I was going to get it or not." Following the removal ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sutherland V HM Advocate
Sutherland ( gd, Cataibh) is a historic county, registration county and lieutenancy area in the Highlands of Scotland. Its county town is Dornoch. Sutherland borders Caithness and Moray Firth to the east, Ross-shire and Cromartyshire (later combined into Ross and Cromarty) to the south and the Atlantic to the north and west. Like its southern neighbour Ross-shire, Sutherland has some of the most dramatic scenery in Europe, especially on its western fringe where the mountains meet the sea. These include high sea cliffs, and very old mountains composed of Precambrian and Cambrian rocks. The name ''Sutherland'' dates from the era of Norwegian Viking rule and settlement over much of the Highlands and Islands, under the rule of the jarl of Orkney. Although it contains some of the northernmost land in the island of Great Britain, it was called ' ("southern land") from the standpoint of Orkney and Caithness. In Gaelic, the area is referred to according to its traditional areas: ' (or ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Smith V Donnelly
Smith may refer to: People * Metalsmith, or simply smith, a craftsman fashioning tools or works of art out of various metals * Smith (given name) * Smith (surname), a family name originating in England, Scotland and Ireland ** List of people with surname Smith * Smith (artist) (born 1985), French visual artist Arts and entertainment * Smith (band), an American rock band 1969–1971 * ''Smith'' (EP), by Tokyo Police Club, 2007 * ''Smith'' (play), a 1909 play by W. Somerset Maugham * ''Smith'' (1917 film), a British silent film based on the play * ''Smith'' (1939 film), a short film * ''Smith!'', a 1969 Disney Western film * ''Smith'' (TV series), a 2006 American drama * ''Smith'', a 1932 novel by Warwick Deeping * ''Smith'', a 1967 novel by Leon Garfield and a 1970 TV adaptation Places North America * Smith, Indiana, U.S. * Smith, Kentucky, U.S. * Smith, Nevada, U.S. * Smith, South Carolina, U.S. * Smith Village, Oklahoma, U.S. * Smith Park (Middletown, Connecticut), ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Smart V HM Advocate
''Smart v Her Majesty's Advocate'' is a Scots law case that effectively excludes the common law doctrine of Volenti non fit injuria from Scots criminal law, when concerning assault. The case saw the accused, William Smart, who was charged with assault, lodging the defence that his victim Issac Wilkie has consented to a "square go". Therefore Smart could not be charged with assaulting Wilkie or any injuries arising from the fight. Facts Smart was originally tried at Paisley Sheriff Court in 1974 by Sheriff Mclean and a jury. Smart put forward two lines of argument. Firstly, that he should not be charged with assault because the victim had consented to fight him and thus knew of the risks and consequences. Secondly, he argued that he had acted in self-defence, a plea that was ruled out because of the lack of evidence. The only question to be considered was whether consent ruled out (negated) assault? Ruling The sheriff ruled that: "Now something has been said about consent. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
HM Advocate V Sheridan And Sheridan
''Her Majesty's Advocate v Thomas Sheridan and Gail Sheridan'' was the 2010 criminal prosecution of Tommy Sheridan, a former Member of the Scottish Parliament and his wife Gail Sheridan for perjury in relation to the earlier civil case '' Sheridan v News Group Newspapers''.In Scotland criminal prosecutions in the High Court are normally brought in the name of the Lord Advocate. Tommy Sheridan was found guilty and sentenced to three years in prison, whereas Gail was acquitted. Background In 2006, Tommy Sheridan, formerly convenor of the Scottish Socialist Party (SSP), successfully sued the newspaper ''News of the World'' for defamation after they printed a series of articles containing allegations that an MSP had had affairs and visited a sex club. Sheridan was awarded £200,000 in damages, which he has still not received pending an appeal. Controversy over the case led to a split in the SSP shortly afterwards, with Sheridan forming a breakaway party, Solidarity. In August 2006, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
McKearney V HM Advocate (born 1952), Irish Republican, socialist, former hunger striker, and volunteer in the Provisional Irish Republican Army
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McKearney is a surname. Notable people with the surname include: * Dave McKearney (born 1968), English footballer *Pádraig McKearney (1954–1987), Marxist-oriented Provisional Irish Republican Army volunteer *Tommy McKearney Tommy McKearney (born 1952) is a former Irish volunteer in the Provisional Irish Republican Army who took part in the 1980 hunger strike. Background McKearney was born in Lurgan in the north-east of County Armagh, but he was raised in The Moy, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Khaliq V HM Advocate
''Khaliq and Anor v HMA'' was a Scottish criminal case decided by the High Court of Justiciary on appeal, in which it was decided that it was an offence at common law to supply materials that were otherwise legal in the knowledge that they would be used for self-harm. Two shopkeepers in Glasgow were arrested and charged, ''inter alia'', with supplying to children ‘glue-sniffing kits’ consisting of a quantity of petroleum-based glue in a plastic bag. They had been previously warned by the police to stop supplying the kits. They gave notice of objection to the indictment, averring that, on the charge of supplying, the facts as libelled did not disclose a crime known to Scots law because there was nothing illegal about the items that they had supplied. Their plea was repelled at a preliminary diet and they appealed. On appeal, the High Court took the view that, even though Evostik glue and plastic bags might be perfectly legal, everyday items, the two shopkeepers knew perfec ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jamieson V HM Advocate
''Jamieson v HM Advocate'' is a notable legal case which established a precedent in Scotland which held that a man does not commit rape where he honestly, albeit unreasonably, believes his victim is consenting. This was a criminal case decided by the High Court of Justiciary sitting as the Court of Criminal Appeal. The appeal case was heard before a panel of three judges with the Lord Justice-General ( Lord Hope) as president, with Lord Allanbridge and Lord Cowie. The case is reported at 1994 SLT 537. The decision relies upon the point that in Scots Law, a criminal act consists of two elements, the factual act done and the ''mens rea'' or intention of the perpetrator in carrying out that action. The crime of rape consisted, at that time, of a man having vaginal sexual intercourse with a woman without her consent, with the crime of rape being defined at common law. Therefore, it was held that the ''mens rea'' element is that the man either believes the woman is not consenting ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
