Whitwell v. Walker [1916] ScotLR 556 (07 June 1916)

The petition to apply the House of Lords judgment was necessary because the original interlocutor was reversed and no operative decision remained; therefore, expenses should be awarded to the petitioners from the trust estate.

Citation: [1916] ScotLR 556
Parties: Petitioners: Henry E. L. Whitwell and Edward L. Whitwell, his father, as his guardian; Respondents: Harry Walker and others
Jurisdiction: Scotland
Judgment Date: 07 June 1916
Procedural Posture: Petition Under Conveyancing (scotland) Act 1874, Section 39 / Petition to Apply House of Lords Judgment After Remittal
Outcome: Petition granted in terms of the prayer, with expenses awarded to petitioners from the trust estate.
Legal Topics: Application of Appellate Judgments, Testamentary Writings, Court Expenses

Civil Procedure Trusts and Estates Application of Appellate Judgments Testamentary Writings Court Expenses

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Parties

Henry E. L. Whitwell and Edward L. Whitwell, his father, as his guardian

Petitioners

Harry Walker and others

Respondents

Procedural Posture

Petition Under Conveyancing (scotland) Act 1874, Section 39 / Petition to Apply House of Lords Judgment After Remittal

Legal Issues

1 Whether a petition to apply the judgment of the House of Lords was necessary
2 Whether expenses should be awarded to the petitioners

Ratio Decidendi

Court Disposition

Petition granted in terms of the prayer, with expenses awarded to petitioners from the trust estate.

Orders

Decree granted in terms of the prayer of the petition
Expenses awarded to petitioners from the trust estate of Mrs Isabella Thomson or Walker