govan law centre


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7 March 2008 - reparation - serious injury at work - whether pursuer employed personally by director or by his company - breach of Health and Safety regulations - Ruddy v Monte Marco and M & H Enterprises Ltd - Lord Carloway, Outer House, Court of Session [2008] CSOH 40.

17 January 2008 - statutory abandonment procedure - declarator  - whether second statutory notice of abandonment was timeous having regard to the principle of civilis computatio - Herity v Glasgow Housing Association Ltd - Sheriff Wood, Glasgow Sheriff Court (unreported).

7 September 2007- civil process - bank charges - whether reasonable to sist a claim for a refund of unfair/penalty bank charges pending the OFT High Court 'test case' in London - *Thomson v Bank of Scotland (and Coleman v Clydesdale Bank) *GLC case; Sheriff Pyle, Inverness Sheriff Court (unreported).

12 July 2007 - education law - section 29(3), Education (Additional Support for Learning) (Scotland) Act 2004 - question of who 'controlled' a child's education - whether tribunal erred in making insufficient findings-in-fact on the factual issue of control - R.B. v a decision of the Additional Support Needs Tribunal (Outer House of the Court of Session - Lord Brailsford).

21 September 2006 - education law - Asperger's Syndrome, ADHD (attention deficit hyperactivity disorder) & ODD (oppositional defiance disorder) - whether child with a disability who was excluded from school was treated less favourably under the Disability Discrimination Act 1995 - section 28A, 28B and 28C of the 1995 Act - Parent A v. East Ayrshire Council (Kilmarnock Sheriff Court, Sheriff Ireland) (note: the pursuers have marked an appeal to the Sheriff Principal in this case).

13 September 2006 - education law - judicial review - duty of local authority to provide transport for school pupil with special educational needs in terms of section 30(4) of the Education (Additional Support Learning) (Scotland) Act 2004 - Sim v. Argyll & Bute Council (Outer House of the Court of Session - Lord Glennie).

30 March 2006 - contract law - whether claim for inconvenience and distress from living in a house not reasonably fit for human habitation was a 'personal injury' subject to a 3 year time limit or nominal damages subject to a five year time limit within the meaning of the Prescription & Limitation (Scotland) Act 1973 as amended - Mack v. Glasgow City Council (Opinion of the Court delivered by Lord MacFadyen, Inner House of the Court of Session, 30 March 2006) 2006 S.L.T. 556; 2006 Hous. L.R; 2 2006 G.W.D. 15-287 2006 WL 1457370.

4 August 2005 - contract law - whether claim for inconvenience from living in a house not reasonably fit for human habitation was a 'personal injury' subject to a 3 year time limit or nominal damages subject to a five year time limit within the meaning of the Prescription & Limitation (Scotland) Act 1973 as amended - Mack v. Glasgow City Council (Sheriff Principal Stewart Q.C., Sheriffdom of Glasgow & Strathkelvin); the defender's obtained leave to appeal to the Inner House of the Court of Session, 7 September 2005; 2006 S.C.L.R. 441; 2005 Rep. L.R; 136 2005 Hous. L.R. 66; 2005 G.W.D. 28-523 2005 WL 3419455.

25 April 2005 - employment law - whether 'disabled person'  - whether plates and pins inserted into ankle could amount to 'continuing measures for purpose of Schedule 1 paragraph 6 of the Disability Discrimination Act 1995 - Carden v. Pickerings Europe Ltd (Hon Mr Justice Burton, President of the UK Employment Appeals Tribunal).

2 July 2004 - mortgage repossession - reponing - decree granted before commencement of the Mortgage Rights (Scotland) Act 2001 - law of waiver and personal bar; Lloyds TSB PLC v Lauter (Glasgow Sheriff Court, Sheriff Peebles Q.C.).

15 January 2004 - competency - judicial review of a sheriff's determination under section 28A and 28F, Education (Scotland) Act 1980 (the 1980 Act) as amended; exclusion of child from school; duty to provide reasons for decision; annulment of decision of education authority in terms of section 28H(7) the 1980 Act; whether evidence on the merits of a decision in terms of section 28H(7) of the 1980 Act must be considered by a sheriff; Glasgow City Council for Judicial Review of an interlocutor dated 4 July 2003 of a Sheriff of the Sheriffdom of Glasgow and Strathkelvin under section 28H of the 1980 Act (Outer House of the Court of Session - Lord Menzies).

13 January 2004 - whether tenancy was a short assured tenancy as defined by section 32(1), Housing (Scotland) Act 1988 - effect of break clause in lease; Wishaw & District Housing Association v. Neary (Inner House of the Court of Session - Lords Hamilton, Kingarth, and McCluskey).

4 July 2003 - exclusion of child from school; duty to provide reasons for decision; annulment of decision of education authority in terms of section 28H(7) Education (Scotland) Act 1980; Fox-Flynn v. Glasgow City Council (Glasgow Sheriff Court, Sheriff Raeburn Q.C.).

16 May 2003 - meaning of 'disabled person' in terms of the Disability Discrimination Act 1995; complaint of discrimination on the grounds of disability; (Employment Appeal Tribunal) M v. Capita Business Services Limited (Hon Mr Justice Burton, President of the UK Employment Appeals Tribunal).

27 February 2003 - appeal against exclusion from school notwithstanding return to the same school had taken place; Fox-Flynn v. Glasgow City Council (Sheriff A.G Johnston, Glasgow Sheriff Court, unreported).

30 August 2002 - section 129 Consumer Credit Act 1974; whether just and reasonable to grant a time order; whether court could grant an order and continue the cause to enable a future review of financial circumstances; Cedar Holdings Ltd v. Begum (Sheriff McIver, Glasgow Sheriff Court, unreported).

26 July 2002 - whether school pupil 'transfer' was a lawful exclusion; meaning of the term 'exclusion'; (Glasgow Sheriff Court) Proudfoot v. Glasgow City Council  2003 SLT (Sh Ct) 23 (Sheriff J.K Mitchell, Glasgow Sheriff Court)

20 June 2002 - Mortgage Rights (Scotland) Act 2001; whether reasonable to grant an order under section 2 of the 2001 Act suspending the creditors rights of enforcement of the standard security upon default, and to continue the action; Abbey National PLC v. Briggs (Sheriff  J.K. Mitchell, Glasgow Sheriff Court).

19 June 2002 - ejection - statutory abandonment procedure under ss 50-51, Housing (Scotland) Act 1987; whether decision of local authority to recover heritable possession was unlawful and et separatim contrary to Article 8 of schedule 1 to the Human Rights Act 1998; * Smith v. Dundee City Council 2003 Hous. L.R. 55 (Sheriff F.R Crowe, Dundee Sheriff Court).  * the defenders (Dundee City Council) marked an appeal to the Sheriff Principal but have now abandoned same.

13 February 2002 - Environmental Protection Act 1990; whether condensation dampness was prejudicial to health; whether condensation dampness was a nuisance; whether landlord was a person responsible; and whether nuisance was due to a structural defect or a defect of a structural character; Judith Robb -v- Dundee City Council  2002 S.C. 301; 2002 S.L.T. 853 Ex Div; [2002] Env. L.R. 33; [2003] E.H.L.R. 9; 2002 Hous. L.R. 26; 2002 G.W.D. 7-244; 2002 WL 49897 (Inner House of the Court of Session, Lord Cameron of Lochbroom, Lord Johnston, and Lady Paton).

12 December 2001 - Relevancy; breach of contract; whether sufficient specification of complaints, and the extent and nature of dampness; Angela Colquhoun -v- Govan Housing Association (Sheriff Holligan, Glasgow Sheriff Court).

31 October 2001 - Employer's appeal against determination of the Employment Tribunal; unfair dismissal; discrimination in terms of the Sex Discrimination Act 1975, section 4; challenge to aspects of monetary award; (Employment Appeal Tribunal) California Cake & Cookie Company -v- Margaret Hay (Lord Johnston).

2 August 2001 - Recovery of heritable possession; whether assured tenancy granted following stock transfer to a housing association was as a matter of law a secure tenancy; Knowes Housing Association -v- Corrine Millar  2002 S.C. 58; 2001 S.L.T. 1326 Ex Div; 2001 S.C.L.R. 1090; 2001 Hous. L.R. 106;  2001 G.W.D. 26-1064; 2001 WL 1135063 (Inner House of the Court of Session - Lords Prosser, Cameron and Johnston).

6 July 2001 - Recovery of heritable possession; eviction procedure; whether housing association staff can effect service of a Notice to Quit by personal service; * Govan Housing Association -v- Thomas Kane (Sheriff Johnston, Glasgow Sheriff Court). * the pursuers marked an appeal to the Sheriff Principal, but abandoned the appeal with expenses in favour of the defender (17 August 2001).

12 April 2001 - Condensation dampness; compensation for breach of contract; whether tenant's expenditure of 10% of pension income was reasonable use of tenancy (£6 to £8 p.w); whether as a matter of law a landlord could expect a higher level of fuel expenditure, which if applied, would have prevented condensation dampness (£17.64 p.w.); Mary Galloway -v- City of Glasgow Council 2001 HousLR 59 (Sheriff Cathcart Q.C, Glasgow Sheriff Court).

10 April 2001 - Employment law; unfair dismissal; dismissal procedures followed; (Employment Appeal Tribunal); Peckham & Rye -v- Magee 2001 WL 395213; 2001 WL 395213 (Lord Johnston)

22 February 2001 - Unlawful eviction; requirement to give reasonable notice; Maria Conway -v- Glasgow City Council 1999 SCLR (Sh.Ct.) 248; 1059; 1999 SLT 102; 2001 S.L.T. 1472 (Note);  2001 S.C.L.R. 546;  2001 WL 825108 (Inner House of the Court of Session).

18 January 2000 - Allocation/housing list policy; removal of date points; judicial review - plea of mora taciturnity and acquiescence; Catherine Noble -v- Glasgow City Council  2001 S.L.T. 2;  2000 Hous. L.R. 38; 2000 G.W.D. 4-115; 2000 WL 362631 (Outer House of the Court of Session, Lord Eassie).

28 July 1999 - Environmental Protection Act 1990; s.82 procedure; noise nuisance; June Adams -v- Glasgow City Council 2000 Hous. L.R. 3; 1999 WL 1556570 (Sheriff McCallum)

20 January 1998 - landlord's breach of contract - liability to protect tenant's goods against third party theft - Murdoch v Glasgow City Council 1998 Hous. L.R. 30; 1998 WL 1670470.

7 November 1996 - Employment - unfair dismissal - Fisher v California Cake & Cookie Ltd [1997] I.R.L.R. 212 1996 WL 1091648.

 

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