Trainer v. Renfrewshire Upper District Committee [1907] ScotLR 835 (05 July 1907)

Trainer v. Renfrewshire Upper District Committee [1907] ScotLR 835 (05 July 1907)

The application to the Court of Session to recall the interdict pending appeal is incompetent; the proper remedy is to apply to the Sheriff-Substitute under section 79 of the Court of Session Act 1868 for regulation of interim possession.

Citation
[1907] ScotLR 835
Parties
Pursuer: James Trainer; Defender: Renfrewshire Upper District Committee
Jurisdiction
Scotland
Judgment Date
05 July 1907
Procedural Posture
Interdict (injunction) Appeal / Application for Recall of Interdict Pending Appeal
Outcome
Note refused; application to recall interdict pending appeal held incompetent.
Legal Topics
Interdict, Appeal Procedure, Interim Possession, Sewage Regulation
Civil Procedure Administrative Law Environmental Law Interdict Appeal Procedure Interim Possession Sewage Regulation

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Parties

James Trainer

Pursuer

Renfrewshire Upper District Committee

Defender

Procedural Posture

Interdict (injunction) Appeal / Application for Recall of Interdict Pending Appeal

Legal Issues

  1. 1 Whether the Court of Session can recall an interdict granted by the Sheriff-Substitute pending appeal
  2. 2 Proper procedure for regulating interim possession after appeal from Sheriff Court

Ratio Decidendi

The application to the Court of Session to recall the interdict pending appeal is incompetent; the proper remedy is to apply to the Sheriff-Substitute under section 79 of the Court of Session Act 1868 for regulation of interim possession.

Court Disposition

Note refused; application to recall interdict pending appeal held incompetent.

Orders

  • Application to recall interdict refused.