Terrell v. Ker [1900] ScotLR 37_807 (19 June 1900)

Terrell v. Ker [1900] ScotLR 37_807 (19 June 1900)

Once a final decree of ranking and preference is pronounced in a multiplepoinding action and not reclaimed against within the statutory period, the Lord Ordinary is functus officio and has no power to allow amendments to claims; the process is at an end and res judicata applies.

Citation
[1900] ScotLR 37_807
Parties
Claimant and Reclaimer: Arthur A'Beckett Terrell; Objectors and Respondents: Ker (Trustees of William Wemyes Ker)
Jurisdiction
Scotland
Judgment Date
19 June 1900
Procedural Posture
Multiplepoinding / Reclaiming Note Against Refusal to Allow Amendment After Final Decree of Ranking and Preference
Outcome
Reclaiming-note refused; interlocutor of Lord Ordinary adhered to.
Legal Topics
Multiplepoinding, Amendment of Claim, Finality of Judgment, Res Judicata, Court of Session Act 1868
Civil Procedure Trusts and Estates Multiplepoinding Amendment of Claim Finality of Judgment Res Judicata Court of Session Act 1868

Case Brief

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Parties

Arthur A'Beckett Terrell

Claimant and Reclaimer

Ker (Trustees of William Wemyes Ker)

Objectors and Respondents

Procedural Posture

Multiplepoinding / Reclaiming Note Against Refusal to Allow Amendment After Final Decree of Ranking and Preference

Legal Issues

  1. 1 Whether a claimant can amend his claim after a final decree of ranking and preference in a multiplepoinding action
  2. 2 Whether the Lord Ordinary was functus officio after pronouncing final judgment
  3. 3 Whether the interlocutor could be reopened to allow a new ground based on English law

Ratio Decidendi

Once a final decree of ranking and preference is pronounced in a multiplepoinding action and not reclaimed against within the statutory period, the Lord Ordinary is functus officio and has no power to allow amendments to claims; the process is at an end and res judicata applies.

Court Disposition

Reclaiming-note refused; interlocutor of Lord Ordinary adhered to.

Orders

  • Refusal to allow amendment of claim after final decree of ranking and preference is upheld.
  • Reclaimer found liable in expenses to objectors.