John Paterson & Son, Ltd v. Corporation of Glasgow [1900] ScotLR 37_961 (17 July 1900)

John Paterson & Son, Ltd v. Corporation of Glasgow [1900] ScotLR 37_961 (17 July 1900)

The arbiter failed to determine the actual extra cost incurred by the pursuers for air-pressure work as required by the reference, refused to hear evidence by imposing unlawful conditions on legal representation, and issued a decree-arbitral that did not distinguish between separate heads of reference, thereby acting ultra fines compromissi and rendering the award invalid.

Citation
[1900] ScotLR 37_961
Parties
Pursuer: John Paterson & Son, Limited; Defender: Corporation of Glasgow (Police Department)
Jurisdiction
Scotland
Judgment Date
17 July 1900
Procedural Posture
Action for Reduction of Decree Arbitral / Appeal/reclaiming Motion Before Inner House
Outcome
decree-arbitral reduced; interlocutor recalled; decree granted in terms of conclusions of the action
Legal Topics
Reduction of Decree Arbitral, Ultra Fines Compromissi, Right to Legal Representation, Refusal to Hear Evidence, Scope of Arbitral Reference
Arbitration Contract Law Civil Procedure Reduction of Decree Arbitral Ultra Fines Compromissi Right to Legal Representation Refusal to Hear Evidence Scope of Arbitral Reference

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 4 Authorities cited 12 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

John Paterson & Son, Limited

Pursuer

Corporation of Glasgow (Police Department)

Defender

Procedural Posture

Action for Reduction of Decree Arbitral / Appeal/reclaiming Motion Before Inner House

Legal Issues

  1. 1 Whether the arbiter acted ultra fines compromissi by deciding matters not submitted
  2. 2 Whether the arbiter's refusal to allow legal representation amounted to refusal to hear evidence
  3. 3 Whether the decree-arbitral failed to distinguish between separate heads of reference

Ratio Decidendi

The arbiter failed to determine the actual extra cost incurred by the pursuers for air-pressure work as required by the reference, refused to hear evidence by imposing unlawful conditions on legal representation, and issued a decree-arbitral that did not distinguish between separate heads of reference, thereby acting ultra fines compromissi and rendering the award invalid.

Court Disposition

decree-arbitral reduced; interlocutor recalled; decree granted in terms of conclusions of the action

Orders

  • Lord Ordinary's interlocutor recalled
  • Decree granted for reduction of decree-arbitral