D's Curator Bonis v Lothian Health Board

JurisdictionScotland
Year2010
Date2010
CourtCourt of Session (Outer House)
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3 cases
  • Ewen Alexander V. Skene Investments (aberdeen) Limited And Others
    • United Kingdom
    • Court of Session
    • 1 September 2011
    ...any evidence being led, on the basis that the trustee had given up his rights to the subjects. In D's Curator Bonis v Lothian Health Board 2010 SLT 725 the defenders' plea of mora, taciturnity and acquiescence was repelled by Lady Clark of Calton. She cited the comments of Lord Trayner in A......
  • Ewan Alexander V. Skene Investments (aberdeen) Limited And Others
    • United Kingdom
    • Court of Session
    • 3 August 2012
    ...to the need for a proof before answer rather than the sustaining of a preliminary plea of mora at a debate (D's CB v Lothian Health Board 2010 SLT 725, paragraphs [36] and [39]; Halley v Watt 1956 SC 370, at pp 374 to 375; Bethune v A Stevenson & Co Ltd 1969 SLT (Notes) 12). It was not clea......
  • J.m. As Legal Representative Of R.m. (ap) V. Highland Health Board
    • United Kingdom
    • Court of Session
    • 23 January 2014
    ...[2005] 1 AC 134; 5. Bolitho v City and Hackney Health Authority [1998] AC 232; 6. D's Curator Bonis v Lothian Health Board 2010 CSOH 61, 2010 SLT 725; 7. Davie v Magistrates of Edinburgh 1953 SC 34; 8. Dingley v The Chief Constable, Strathclyde Police 2000 SC (HL) 77; 9. Dingley v The Chief......

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