M'Guiness and Others v. Glasgow Corporation [1914] ScotLR 251 (23 January 1914)

M'Guiness and Others v. Glasgow Corporation [1914] ScotLR 251 (23 January 1914)

A judicial tender is valid and effective from the date it is lodged in process, not from the date of intimation to the opposing party. Intimation is not essential to the validity of the tender, though failure to intimate may have consequences for expenses. Acceptance of a tender on a different basis (i.e., with expenses to a later date) does not constitute a valid acceptance if it does not match the terms of the tender.

Citation
[1914] ScotLR 251
Parties
Pursuers: Frank M'Guiness, Mary M'Guiness or Irwin, and James M'Guiness; Defenders: Corporation of the City of Glasgow
Jurisdiction
Scotland
Judgment Date
23 January 1914
Procedural Posture
Action of Damages / Reclaiming Motion (appeal) Against Lord Ordinary's Interlocutor
Outcome
Lord Ordinary's interlocutor recalled; case remitted to proceed.
Legal Topics
Expenses, Tender, Process, Intimation of Minute
Civil Procedure Expenses Tender Process Intimation of Minute

Case Brief

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Parties

Frank M'Guiness, Mary M'Guiness or Irwin, and James M'Guiness

Pursuers

Corporation of the City of Glasgow

Defenders

Procedural Posture

Action of Damages / Reclaiming Motion (appeal) Against Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Is a judicial tender valid and effective upon mere lodging in process, or is intimation to the opposing party essential for its validity?
  2. 2 Does acceptance of a tender with a condition as to expenses up to the date of intimation constitute a valid acceptance?

Ratio Decidendi

A judicial tender is valid and effective from the date it is lodged in process, not from the date of intimation to the opposing party. Intimation is not essential to the validity of the tender, though failure to intimate may have consequences for expenses. Acceptance of a tender on a different basis (i.e., with expenses to a later date) does not constitute a valid acceptance if it does not match the terms of the tender.

Court Disposition

Lord Ordinary's interlocutor recalled; case remitted to proceed.

Orders

  • Recall of the Lord Ordinary's interlocutor of 19th December 1913.
  • Remit to the Lord Ordinary to proceed in the cause.