Cole v. Silvermills Estates And Land Ltd & Anor [2011] ScotCS CSIH_37 (14 June 2011)

Cole v. Silvermills Estates And Land Ltd & Anor [2011] ScotCS CSIH_37 (14 June 2011)

The arbiter was functus officio after issuing a final award that, by implication and context, specified taxation of expenses on the Court of Session scale; no further judicial orders could be made by him.

Citation
[2011] ScotCS CSIH_37
Parties
Pursuer and Reclaimer: Malcolm Cole; First Defender and Respondent: Silvermills Estates and Land Limited; Second Defender: Ian Henderson
Jurisdiction
Scotland
Judgment Date
14 June 2011
Procedural Posture
Reclaiming Motion / Appeal Against Interlocutor Dismissing Action
Outcome
Lord Ordinary's interlocutor recalled; pursuer's pleas sustained; defender's pleas repelled; interdict granted as sought.
Legal Topics
Arbiter's Functus Officio Status, Award of Expenses, Taxation of Expenses, Interdict
Arbitration Civil Procedure Arbiter's Functus Officio Status Award of Expenses Taxation of Expenses Interdict

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Parties

Malcolm Cole

Pursuer and Reclaimer

Silvermills Estates and Land Limited

First Defender and Respondent

Ian Henderson

Second Defender

Procedural Posture

Reclaiming Motion / Appeal Against Interlocutor Dismissing Action

Legal Issues

  1. 1 Whether the arbiter was functus officio after issuing a final award
  2. 2 Whether the arbiter failed to specify the scale for taxation of expenses
  3. 3 Competency of further orders by the arbiter post-award

Ratio Decidendi

The arbiter was functus officio after issuing a final award that, by implication and context, specified taxation of expenses on the Court of Session scale; no further judicial orders could be made by him.

Court Disposition

Lord Ordinary's interlocutor recalled; pursuer's pleas sustained; defender's pleas repelled; interdict granted as sought.

Orders

  • Interdict granted against arbiter from carrying out further functions qua arbiter or issuing further orders in respect of the arbitration.
  • Interdict granted against defender from inviting or moving arbiter to carry out further functions or relying on any further orders issued post-award.