Robertson v. The Duke Of Atholl And Others [1905] ScotLR 42_601 (05 May 1905)

Defenders are entitled to a preliminary proof of their averments regarding dominus litis and caution for expenses; if established, pursuer may be ordained to find caution.

Citation: [1905] ScotLR 42_601
Parties: Pursuer: Robert Robertson; Defenders: The Duke of Atholl and Others
Jurisdiction: Scotland
Judgment Date: 05 May 1905
Procedural Posture: Action of Declarator of Right of Way / Preliminary Proof Allowed on Caution for Expenses
Outcome: Preliminary proof of defenders' averments allowed.
Legal Topics: Caution for Expenses, Right of Way, Dominus Litis, Preliminary Proof

Civil Procedure Property Law Caution for Expenses Right of Way Dominus Litis Preliminary Proof

Case Brief

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Parties

Robert Robertson

Pursuer

The Duke of Atholl and Others

Defenders

Procedural Posture

Action of Declarator of Right of Way / Preliminary Proof Allowed on Caution for Expenses

Legal Issues

1 Whether the pursuer is the true dominus litis or a nominal party put forward by others to avoid liability for expenses
2 Whether the pursuer should be ordained to find caution for expenses

Ratio Decidendi

Defenders are entitled to a preliminary proof of their averments regarding dominus litis and caution for expenses; if established, pursuer may be ordained to find caution.

Court Disposition

Preliminary proof of defenders' averments allowed.

Orders

Defenders allowed a proof of averments regarding dominus litis and caution for expenses.