Gowans v. Adams [1907] ScotLR 25 (25 October 1907)

Gowans v. Adams [1907] ScotLR 25 (25 October 1907)

It is the duty of an agent ceasing to act for a party to furnish the agent for the opposite party with the address of their former client, if known, to ensure proper intimation and enable the Court to proceed appropriately.

Citation
[1907] ScotLR 25
Parties
Pursuer: Gowans; Defender: Adams (Mr and Mrs)
Jurisdiction
Scotland
Judgment Date
25 October 1907
Procedural Posture
Civil / Reclaiming Motion (appeal) From Lord Ordinary's Decree
Outcome
Reclaiming note refused with expenses.
Legal Topics
Agent and Client Duties, Notification of Address, Administration of Justice
Civil Procedure Legal Profession Agent and Client Duties Notification of Address Administration of Justice

Case Brief

Summary, issues, holding and outcome

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Parties

Gowans

Pursuer

Adams (Mr and Mrs)

Defender

Procedural Posture

Civil / Reclaiming Motion (appeal) From Lord Ordinary's Decree

Legal Issues

  1. 1 Whether an agent ceasing to act for a party must provide the former client's address to the opposing party's agent

Ratio Decidendi

It is the duty of an agent ceasing to act for a party to furnish the agent for the opposite party with the address of their former client, if known, to ensure proper intimation and enable the Court to proceed appropriately.

Court Disposition

Reclaiming note refused with expenses.

Orders

  • Reclaiming note refused.
  • Expenses awarded against reclaimers.