Brown v. Willock, Reid, & Co., Ltd, and Others [1918] ScotLR 744 (13 July 1918)

Brown v. Willock, Reid, & Co., Ltd, and Others [1918] ScotLR 744 (13 July 1918)

Following the House of Lords in Fergusson & Company v. Brown & Tawse, the Court held that for reasons of public convenience, procedure should be sisted in actions of furthcoming involving debts due to enemy aliens during wartime, even where the debt was due before the outbreak of war.

Citation
[1918] ScotLR 744
Parties
Pursuer: Alfred Brown; Arrestees/defenders: Willock, Reid, & Company, Limited; Defenders: Skoda Works, Pilsen, Limited, Pilsen, Austria
Jurisdiction
Scotland
Judgment Date
13 July 1918
Procedural Posture
Action of Furthcoming / Inner House, First Division, Reclaiming Motion
Outcome
Procedure sisted on arrestees finding caution; proceedings to be laid before the Custodian under the Trading with the Enemy Amendment Act 1914.
Legal Topics
Furthcoming, Trading With the Enemy, Arrestment, Sist of Procedure
Civil Procedure War Law Furthcoming Trading With the Enemy Arrestment Sist of Procedure

Case Brief

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Parties

Alfred Brown

Pursuer

Willock, Reid, & Company, Limited

Arrestees/defenders

Skoda Works, Pilsen, Limited, Pilsen, Austria

Defenders

Procedural Posture

Action of Furthcoming / Inner House, First Division, Reclaiming Motion

Legal Issues

  1. 1 Whether an action of furthcoming can proceed where the debt is due to an enemy alien during wartime
  2. 2 Whether the Trading with the Enemy Amendment Act 1914 and related war legislation preclude payment or require sisting of procedure

Ratio Decidendi

Following the House of Lords in Fergusson & Company v. Brown & Tawse, the Court held that for reasons of public convenience, procedure should be sisted in actions of furthcoming involving debts due to enemy aliens during wartime, even where the debt was due before the outbreak of war.

Court Disposition

Procedure sisted on arrestees finding caution; proceedings to be laid before the Custodian under the Trading with the Enemy Amendment Act 1914.

Orders

  • Sist of procedure until the first sederunt day of the ensuing Winter Session on arrestees finding caution.
  • Proceedings to be laid before the Custodian under the Trading with the Enemy Amendment Act 1914 for possible appearance.