· Allan v Barclay 1986 SCCR 111 - while loss of employment is not
in itself exceptional hardship, subsequent risk to family home and
inability to meet other debts meant hardship was established.
· McFadyen v Tudhope 1986 SCCR 712 - held that hardship to
employees existed where it was proved that the business relied
upon the owner's ability to drive and it was not possible for him
to employ a driver without paying someone else off.
· Clumpas v Ingram 1991 SCCR 223 - a driver was the author of his
own misfortune and the consequences to him and others had to
be accepted. Exceptional hardship not established.
· McLaughlin v Docherty 1991 SCCR 227 - the effect of a business
owner's disqualification upon independent contractors should be
taken into account. Exceptional hardship established.
· Marshall v McDougall 1991 SCCR 231- the importance of
documentary evidence crucial in proving that loss of business
owner's licence would result in business failing and subsequent
job losses. Exceptional hardship established.
· Carmichael v Shevlin 1992 SLT 113 - while statements made in
previous cases can provide guidance, each case is ultimately
decided on its own unique merits. Exceptional hardship not
established.