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...original feu-disposition or of the disposition by the London Midland and Scottish Railway Company in favour of the respondent. The sole question accordingly is whether, by the terms of the feu...30 March 1939 At delivering judgment on 30th March 1939,— Lord Moncrieff and Lord Pitman, who dissented from the views of the majority in the Inner House..., both took the view that there was no ambiguity in the terms of the clause under discussion, and that it clearly expressed a real burden. But, for the reasons explained by my noble and learned friend...
...; Naftalin v London, Midland and Scottish Railway Company 1933 SC 259, McElroy v McAllister 1949 SC 110, and in particular Lord President Cooper at page 135. The remedy which was sought in this case was...’ by the lex loci delicti the Scottish courts will extend it to the further question – on whom does the lex loci delicti confer a jus actionis, and for what?” [11] Applying...LOUISA DOCHERTY & OTHERSPursuers;againstSECRETARY OF STATE FOR BUSINESS INNOVATION AND SKILLSFirst defenders...
...of Justice Strand London WC2 Wednesday 16 December 1998 B e f o r e: LORD JUSTICE ROCH LORD JUSTICE WARD LORD JUSTICE WALLER - - - - - - NORTH SEA ENERGY HOLDINGS NV (Formerly Midland & Scottish Holdings NV) Plaintiff/Appellant - v ...had an oil refinery at Bangkok, and PTT had an arrangement with Thai Oil under which Thai Oil would refine 25,000 barrels of Middle Eastern Oil a day for PTT. MSH was formerly known as Midland and Scottish Holdings...NV hence the abbreviation used. It was formed in March 1993 at the instigation of Mr Deaner, chairman of Midland and Scottish Resources Plc (MSR), for the purpose of entering into any...
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.... (Neilson v. Rodger (1853) 16 D. 322), Stewart v. London Midland & Scottish Railway Co. 1943 S.C. (H.L.) 19.)...Stewart v. London Midland and Scottish Railway Company 1943 S.C. (H.L.) 19 at p. 37. Lord Watson does not expand upon this point, but there...Stewart v. London Midland & Scottish Railway Co. 1943 S.C. (H.L.) 19 Darling v. Gray was cited in this House and was referred to in the opinions of their Lordships...
..., Midland and Scottish Railway Co., 1941 SC 551 also awards of solatium, although high, were allowed to stand in reliance upon the working rule. In McGinley v. Pacitti, 1950...outrageously disproportioned either to the wrong received, or the situation and circumstances of either the plaintiff or defendant." Turning then to a Scottish case, Christian v. Lord Kennedy (Adam on...formula was suggested as an alternative. Third, the various phrases used both by the English judges, to whose dicta the court looked for guidance, and by the Scottish judges, in the light of their...
...complete (as for instance London, Midland and Scottish Railway Co v Glasgow Assessor). In Greenock Corporation v Arbuckle Smith & Co the building...same way as those in London Midland and Scottish Railway Co v Assessor for Glasgow and Greenock Corporation v Arbuckle Smith & Co Ltd. The subjects were...Scottish Special Housing Association 1986 SLT 421. The decision and reasoning in that case provided very substantial support for the appellant's position. It was also clear...
...Naftalin v. London, Midland and Scottish Railway Co., 1933 S C 259...deceased husband might have prosecuted had he survived. Such a claim was negatived in the case of Stewart v. London, Midland and Scottish Railway Co...Naftalin v. London, Midland and Scottish Railway Co. and to reviving the authority of...
...v London Midland and Scottish Railway Co 1939 S.C. 361, per Lord Mackay at p.372 (a dissenting opinion). [17] Although the issue is narrow I am...have passed between the occurrence of the accident and the receipt by the Scottish Ambulance Service of the call. On balance I conclude that the accident happened at about 4.20 pm, possibly a minute...;againstPERTH AND KINROSS COUNCILDefenders:________________Pursuer: Arthurson; Digby Brown, SSCDefenders: A. Smart; Simpson...
...Headnote: The London, Midland, and Scottish Railway Company, pursuerspursuers, brought an action in the Sheriff Court of Inverness at Portree against Lachlan Macdonald...therefore a proprietary right in the Crown, or in those deriving right from the Crown by grant or prescription recognised by the Scottish feudal law. But if a proprietary right, it is and must be an...the right of ferry in their favour, against a defender who produced no competing titles and made no specific challenge of the right of the pursuers' authors, heldheld (1) that the pursuers' titles...
...24 November 1930, conveyed to the London, Midland and Scottish Railway Company (into which the Company had by then become merged) the relative land. Sandylands Promenade, it seems, was the name given...(FIRST) STRATHCLYDE REGIONAL COUNCIL AND OTHERS,Defenders:________________Pursuer: Henderson; Lindsays, W.S.Second Defenders: Shand...Council and "Scotrail". In May 1996 in furtherance of a joint minute entered into between the relevant parties, Strathclyde Regional Council was assoilzied from the conclusions of the summons. Following...
...24 November 1930, conveyed to the London, Midland and Scottish Railway Company (into which the Company had by then become merged) the relative land. Sandylands Promenade, it seems, was the name given...(FIRST) STRATHCLYDE REGIONAL COUNCIL AND OTHERS,Defenders:________________Pursuer: Henderson; Lindsays, W.S.Second Defenders: Shand...Council and "Scotrail". In May 1996 in furtherance of a joint minute entered into between the relevant parties, Strathclyde Regional Council was assoilzied from the conclusions of the summons. Following...
...to fence off against obvious dangers on land arising from any natural features or well established, permanent and familiar features of landscape. See F Morrison v London, Midland and Scottish Railways... (6) (7) The bridges are of substantial construction consisting of steel H-beams laid on concrete abutments and other associated steel work and wood to provide strong sides and...handrails, and a firm base for a walkway of wooden planks. The bridges are not of equal width, the central bridge is wide enough to accommodate three to four persons walking abreast while the bridges...
...Stewart v. London, Midland and Scottish Railway Co ., 1943 S.C. (H.L.) 19, at p. 38. For these reasons, as I have sai...actio injuriarum of the Roman law": per Lord Macmillan in Stewart v. London, Midland and Scottish Railway...should discuss the etymology of the word. We do not find any precise definition of it in Skene, nor in any of our law writers. Our Scottish lexicographer gives a very learned discussion upon it, and...
...Macmillan in Stewart v. London, Midland and Scottish Railway Co., at p. 38, that in the seventeenth and eighteenth centuries most...being of persuasive rather than of binding authority; see the observations of Lord Macmillan in Stewart v. London, Midland and Scottish Railway Co...was not Scottish law, since these consequences could not be determined either by the fact that the appellants were limited companies registered and having their head offices in Scotland or by the fact...
...am content to extract from [Naftalin v London Midland and Scottish Railway Co 1933 SC 259] and to reaffirm is the negative one that the Scottish Courts will not..., Naftalin v London, Midland and Scottish Railway Co and McElroy v McAllister) the locus delicti has been taken to have been the place where the act of negligence in the...] AC 758 at 773; Scottish Law Commission Consultative Memorandum No. 62: Private International Law Choice of Law in Tort and Delict at para 4.65; Anton: Private International Law...
...Act. The matter accordingly falls to be determined by the pre-1995 Act common law. 9 [17] In Naftalin v London, Midland and Scottish Railway...straightforward claim in a Scottish court by relatives of a person who had become ill and died as a consequence of exposure in Scotland to inhalation of asbestos fibres. The only point of interaction...England. The breach of duty consisting of asbestos exposure had taken place in Scotland by a Scottish employer. The relationship between the deceased and the employer was more closely connected with the...
..., Inglis v London Midland and Scottish Railway Co 1941 SC 551 and Roe v Minister of Health...;againstS & D PROPERTIES (COMMERCIAL) LIMITED AND OTHERSDefenders:________________Pursuer: Woolman, Q.C.; Morison Bishop, W.S...reparation came before me on the Procedure Roll, when counsel for the first defenders, the second defender (who appeared in person) and counsel for the third defender moved me to dismiss the action so...
...control exercised by a third party, such as a gym member over the weight plate, in order to establish an inference of negligence by the appellant: Inglis v London, Midland and Scottish Railway... Pursuer and Respondent against SPORTSDIRECT.COM FITNESS LIMITED Defender and Appellant Pursuer and Respondent...: Khurana KC, Calderwood (sol adv); Thompsons Scotland LLP Defender and Appellant: Pugh KC, Hennessey (sol adv); Keoghs Scotland LLP 29 May 2025...
...) incorporated into the contract by the term on the reverse side (see Thompson v. London Midland and Scottish Railway Company [1930] 1 K.B. 41). This.... 416, 428, and Thompson v. London Midland and Scottish Railway Co. Ltd [1930] 1 K.B. 41, at p. 50). So, if it can be shown in this case that...1. – whether the agent’s husband was negligent and if so whether the defendant company was vicariously liable for his negligence; 2. – whether there...