Earl of Camperdown and Others v. Presbytery of Auchterarder [1902] ScotLR 40_45 (06 November 1902)

Earl of Camperdown and Others v. Presbytery of Auchterarder [1902] ScotLR 40_45 (06 November 1902)

The Court of Session has no jurisdiction to entertain an action of reduction against interlocutors of the Lord Ordinary and the Sheriff under the Ecclesiastical Buildings and Glebes (Scotland) Act 1868, where the statute provides that such judgments are final and not subject to review, and where there is no excess or refusal of jurisdiction.

Citation
[1902] ScotLR 40_45
Parties
Pursuers and Reclaimers: Earl of Camperdown and Others; Defenders and Respondents: Presbytery of Auchterarder
Jurisdiction
Scotland
Judgment Date
06 November 1902
Procedural Posture
Action of Reduction / Inner House, First Division, Reclaiming Motion
Outcome
Action dismissed; interlocutor of Lord Kyllachy adhered to; defenders assoilzied with expenses.
Legal Topics
Jurisdiction, Finality of Judgments, Statutory Appeals, Ecclesiastical Buildings and Glebes (scotland) Act 1868, Reduction of Interlocutors
Administrative Law Ecclesiastical Law Civil Procedure Jurisdiction Finality of Judgments Statutory Appeals Ecclesiastical Buildings and Glebes (scotland) Act 1868 Reduction of Interlocutors

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Earl of Camperdown and Others

Pursuers and Reclaimers

Presbytery of Auchterarder

Defenders and Respondents

Procedural Posture

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

Legal Issues

  1. 1 Whether the Court of Session has jurisdiction to entertain an action of reduction against interlocutors of the Lord Ordinary and the Sheriff under the Ecclesiastical Buildings and Glebes (Scotland) Act 1868, given statutory finality clauses.
  2. 2 Whether the Sheriff and Lord Ordinary exceeded or refused to exercise their jurisdiction under the Act.

Ratio Decidendi

The Court of Session has no jurisdiction to entertain an action of reduction against interlocutors of the Lord Ordinary and the Sheriff under the Ecclesiastical Buildings and Glebes (Scotland) Act 1868, where the statute provides that such judgments are final and not subject to review, and where there is no excess or refusal of jurisdiction.

Court Disposition

Action dismissed; interlocutor of Lord Kyllachy adhered to; defenders assoilzied with expenses.

Orders

  • Sustained first plea-in-law for defenders.
  • Dismissed the action of reduction.