Adopting a purposive construction of the Convention on Civil Aspects of International Child Abduction (The Hague Convention) 1980. The court held that a Greek father had failed to show that an English mother’s removal of A, to the UK, had been wrongful in Greek law. She had been granted provisional and exclusive care of the child by the Greek court and was entitled to select a place of residence for the child outside the jurisdiction of the Greek court.
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Insurance Partnerships. Free insurance cover provided by Norwich Union and breakdown services provided by the RAC was given to customers of Ford as part of a promotion on the supply of certain models of the Ford car. The insurance issue between the parties was whether some part of the price paid by the customer was for the benefit of this “free” insurance and, as such, it would give rise to the supply of two separate agreements for VAT purposes: the car (being standard rated) and the insurance ...
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In this case the pursuers were the applicants for a new gaming licence for premises at 121/125 Fountainbridge, Edinburgh submitted under the Gaming Act 1968. The defenders were the City of Edinburgh Licensing Board, who refused the application on 26 June 2006. The pursuers appealed against that decision under s.39 of the Licensing (Scotland) Act 1976. Gala Maybury Casino entered the process as objectors.
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Where a count under section 5 Firearms Act 1968 attracting sentence has been properly included on an indictment and there is no defence to it, a plea should be taken. That is because Parliament has identified s.5 for a minimum sentence under s.51A. It was not appropriate for counsel to invite the court to order that the count lie on the file and at the same time invite the court in some way to adopt the minimum sentence nonetheless.
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A father’s appeal against the finding he had caused injury to his son was dismissed. The CA held that while on the facts the judge had dealt inadequately with the medical evidence there was compelling evidence to support his conclusions.
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Criminal Appeal against Extension of 12 month Time
The appellant appealed against a decision of a sheriff to grant the Crown an extension under section 65(3) of the Criminal Procedure (Scotland) Act 1995 of the period of twelve months within which to prosecute him on three charges of lewd, indecent and libidinous practices. The 5 bench court here considered whether the 2 stage test outlined in HM Adv v Swift, 1984 JC 83, should continue to apply. The test was:- (1) the court had to consider whether the Crown had shown a reason that might be suff ...
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Breach of warranty. A time bar clause in an agreement, which required any claim to be notified in writing within a given time limit, should be interpreted according to the natural and ordinary meaning of the words. It was decided the word ‘claim’ did not require a further definition. In this case, the Court of Appeal held that any reasonable recipient of the notification letter would have understood it to be a claim for breach of warranty and no particulars had to be given of that claim.
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Proof - Reparation
In this case the pursuer sought damages for injuries which she sustained during the course of her employment with the MOD. She was a member of the Royal Navy for 22 years, but injured her right ankle while on an assault course during her basic training. The issues for decision were whether the defender was liable to make reparation to the pursuer as a result of her accident and, if so, to what extent. The pursuer's case was that the accident and subsequent injury to the pursuer had been caused b ...
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Appeal under s239 Town & Country Planning (Scotlan
This was an appeal under section 239 of the Town and Country Planning (Scotland) Act 1997 by CRE Energy Limited against a decision of the Scottish Ministers by their reporter W M H Patterson dated 3 March 2005. The Second Respondents were The Highland Council. The appeal related to an application by the appellant for planning permission for a development of wind turbines at Caithness. That application was refused by Highland Council and the reporter refused their appeal and it was that refusal t ...
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The Claimant obtained an injunction compelling the Defendant to grant an underlease to a major retailer. The failure to grant the underlease would amount to a breach of management obligations under the lease.
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