On 15 March 2006 the first appellant executed two gratuitous dispositions of land in favour of himself and the second appellant as the trustees of an accumulation and maintenance trust. The two dispositions were delivered to the trustees on the same date, which was also the date of entry. One of the dispositions was recorded in the Register of Sasines on 10 October 2006, the other on 16 November 2006. On 4 September 2008 the respondents issued notices to the appellants inform ...
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Proof:- On 31 January 2004, sapper Robert Thomson, a member of 35 Regiment, Royal Engineers, was killed during his fourth tour of Iraq when he was crushed by earth when it collapsed on him whilst he was recovering soil samples from a trench. Here his mother and brother sought damages from the Ministry of Defence at common law, that he died through the fault of the Ministry of Defence on account of their failure to provide a safe place of work and their failure to devise and institute a safe syst ...
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A Final Order was issued by the Chancery Division of the High Court of Justice in England on 16 October 2003. The petitioner was a judgment debtor in respect of the Final Order to the respondent to this petition. Here the petitioner applied in terms of paragraph 10 of Schedule 6 to the Civil Jurisdiction Act 1982, to reduce the registration of a Certificate of money provisions contained in the judgment dated 16 October 2003 under Rule of Court 62.37(3). The Final Order was made with the consent ...
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Appeal from the Land Court:- The appellant is the landlord of the holding of Colstoun Mains, Haddington, and the respondent is the tenant. The Land Court had heard parties on the question of whether certain proposed adjustments should be allowed and, if so, whether the Court would be deprived of jurisdiction to entertain the tenant's application. The Land Court refused to allow amendment of the landlord's pleadings. Here the appellants appealed on three grounds:- (1) whether the Land Court had p ...
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Mr and Mrs Agbaje were married for 38 years. Both Nigerian by birth, they had met in England in the 1960s and acquired UK citizenship in 1972. All five of their children were born (and all but one educated) in England, and in 1975 Mr Agbaje bought a property in England called “Lytton Road” in which their children stayed with a nanny. But for the majority of their married life Mr and Mrs Agbaje lived in Nigeria. They separated in 1999, at which point Mrs Agbaje came to live in Lytt ...
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The respondent is a Sri Lankan Tamil. In 1992, at the age of 10, he became a member of the Liberation Tigers of Tamil Eelam (“LTTE”), the following year joining the LTTE’s Intelligence Division. He occupied various positions of responsibility and gained promotions within the organisation. At 18 he was appointed to lead a mobile unit transporting military equipment and other members of the Intelligence Division through jungles to a point where armed members of the Division could ...
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Pilots working for British Airways plc are entitled to at least four weeks “paid annual leave”. While on leave, a pilot is paid his or her basic fixed pay. A pilot on leave is not paid two types of supplement (the ‘Flying Pay Supplement’ and the ‘Time Away from Base Allowance’) which he or she would receive if at work as additional pay for hours spent flying and being away from base. The two types of allowance are subject to limits (because of limits to th ...
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DG was a life sentence prisoner, having been sentenced to an automatic life sentence for a second serious offence. His tariff had expired, and so his continuing detention depended on whether the Parole Board formed a view as to the danger he presented. The Board had recommended that he undertake programmes designed to address offending-behaviour attitudes, but he had not been able to address them because of his learning difficulties. In judicial review proceedings, Cranston J found that the iden ...
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For the purposes of determining when damage occurred following alleged negligent advice in a “wrong transaction” case damage may arise where the claimant has not received what he ought to have received even if he was not put in a position that was not immediately worse financially.
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The Court of Appeal again considered the issue of actual and constructive knowledge under sections 11 and 14 of the Limitation Act 1980 for claims for personal injury. The Claimant suffered from cerebral palsy caused by brain damage sustained at birth. His case was that his injuries were caused by the unsuccessful attempts by a junior doctor to deliver him using forceps. The Claimant’s health had been stable from his birth in 1974 until 2005 when the Claimant’s mother told him of her concerns ov ...
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