Glasgow Corporation v. Johnston [1915] ScotLR 434 (27 February 1915)

Glasgow Corporation v. Johnston [1915] ScotLR 434 (27 February 1915)

The Scottish Court has jurisdiction over a domiciled Scotsman who committed a delict in Scotland and has not acquired a domicile elsewhere, even if absent from Scotland and cited edictally, where no other forum is available and the combination of nativity and locus delicti is present.

Citation
[1915] ScotLR 434
Parties
Pursuer: Glasgow Corporation; Defender: Harold Bruce Johnston
Jurisdiction
Scotland
Judgment Date
27 February 1915
Procedural Posture
Civil (action of Relief/delict) / Inner House, First Division, Reclaiming Motion (appeal) Against Lord Ordinary's Interlocutor Repelling Plea of No Jurisdiction
Outcome
Plea of no jurisdiction repelled; interlocutor of Lord Ordinary affirmed.
Legal Topics
Jurisdiction, Domicile, Delict, Citation of Absent Defender, Forum Originis, Workmen's Compensation
Private International Law Civil Procedure Delict (tort) Jurisdiction Domicile Delict Citation of Absent Defender Forum Originis +1 more

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Parties

Glasgow Corporation

Pursuer

Harold Bruce Johnston

Defender

Procedural Posture

Civil (action of Relief/delict) / Inner House, First Division, Reclaiming Motion (appeal) Against Lord Ordinary's Interlocutor Repelling Plea of No Jurisdiction

Legal Issues

  1. 1 Whether the Scottish Court has jurisdiction over a domiciled Scotsman, absent from Scotland at the time of raising an action for delict committed in Scotland, who has no fixed residence elsewhere and is cited edictally.

Ratio Decidendi

The Scottish Court has jurisdiction over a domiciled Scotsman who committed a delict in Scotland and has not acquired a domicile elsewhere, even if absent from Scotland and cited edictally, where no other forum is available and the combination of nativity and locus delicti is present.

Court Disposition

Plea of no jurisdiction repelled; interlocutor of Lord Ordinary affirmed.

Orders

  • The plea for the defender of no jurisdiction is repelled.
  • The interlocutor of the Lord Ordinary is affirmed.