Taylor v. Macilwain [1900] ScotLR 38_1 (18 October 1900)

Taylor v. Macilwain [1900] ScotLR 38_1 (18 October 1900)

Where the Act of Sederunt prescribes a mandatory time limit for lodging appeal papers and specifies that failure results in abandonment of the appeal, the Court has no power to dispense with compliance except as expressly provided. The appellant failed to comply and did not apply for relief within the permitted period; therefore, the appeal is abandoned.

Citation
[1900] ScotLR 38_1
Parties
Pursuer/appellant: Taylor; Defender/respondent: Macilwain
Jurisdiction
Scotland
Judgment Date
18 October 1900
Procedural Posture
Appeal From Sheriff Court (lanarkshire) / Interlocutory Appeal—competency Objection
Outcome
Appeal dismissed as incompetent due to abandonment; objection to competency sustained.
Legal Topics
Appeal Procedure, Acts of Sederunt, Time Limits, Abandonment of Appeal
Civil Procedure Appeal Procedure Acts of Sederunt Time Limits Abandonment of Appeal

Case Brief

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Parties

Taylor

Pursuer/appellant

Macilwain

Defender/respondent

Procedural Posture

Appeal From Sheriff Court (lanarkshire) / Interlocutory Appeal—competency Objection

Legal Issues

  1. 1 Whether failure to lodge print of appeal papers within statutory time limit results in abandonment of appeal
  2. 2 Whether the Court has discretion to relax procedural requirements of Act of Sederunt 10th March 1870, section 3, sub-sections 2 and 3

Ratio Decidendi

Where the Act of Sederunt prescribes a mandatory time limit for lodging appeal papers and specifies that failure results in abandonment of the appeal, the Court has no power to dispense with compliance except as expressly provided. The appellant failed to comply and did not apply for relief within the permitted period; therefore, the appeal is abandoned.

Court Disposition

Appeal dismissed as incompetent due to abandonment; objection to competency sustained.

Orders

  • Clerk to re-transmit process to Sheriff-Clerk due to abandonment of appeal.
  • Pursuer found liable to defender in expenses of the discussion, modified at £2, 2s.