Hay's Trustees And Others v. London and North-Western Railway Co. [1909] ScotLR 513 (04 March 1909)

Hay's Trustees And Others v. London and North-Western Railway Co. [1909] ScotLR 513 (04 March 1909)

A company is amenable to the jurisdiction of the Sheriff Court if it carries on any business and has any place of business within the sheriffdom, regardless of whether that office is a principal place of business. The defenders' office in Glasgow constituted a 'place of business' under the Act, and citation there was sufficient to establish jurisdiction.

Citation
[1909] ScotLR 513
Parties
Pursuer: John Hay and others, trustees of the deceased Dr Hay of the Grange, Maryhill, and others, registered owners of the s.s. 'The Duke'; Defender: London and North-Western Railway Company
Jurisdiction
Scotland
Judgment Date
04 March 1909
Procedural Posture
Civil / Appeal From Sheriff and Sheriff Substitute to Inner House, First Division
Outcome
Jurisdiction upheld; appeal refused; case remitted for proof.
Legal Topics
Sheriff Courts (scotland) Act 1907, Jurisdiction Based on Place of Business, Interpretation of 'place of Business'
Civil Procedure Jurisdiction Sheriff Courts (scotland) Act 1907 Jurisdiction Based on Place of Business Interpretation of 'place of Business'

Case Brief

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Parties

John Hay and others, trustees of the deceased Dr Hay of the Grange, Maryhill, and others, registered owners of the s.s. 'The Duke'

Pursuer

London and North-Western Railway Company

Defender

Procedural Posture

Civil / Appeal From Sheriff and Sheriff Substitute to Inner House, First Division

Legal Issues

  1. 1 Whether the Sheriff Court of Lanarkshire at Glasgow had jurisdiction over an English railway company with an office in Glasgow under section 6(b) of the Sheriff Courts (Scotland) Act 1907
  2. 2 Whether the office in Glasgow constituted a 'place of business' within the meaning of the Act

Ratio Decidendi

A company is amenable to the jurisdiction of the Sheriff Court if it carries on any business and has any place of business within the sheriffdom, regardless of whether that office is a principal place of business. The defenders' office in Glasgow constituted a 'place of business' under the Act, and citation there was sufficient to establish jurisdiction.

Court Disposition

Jurisdiction upheld; appeal refused; case remitted for proof.

Orders

  • Affirmed the interlocutors of the Sheriff and Sheriff-Substitute dated 12th November 1908 and 4th June 1908.
  • Remitted the cause to the Sheriff-Substitute to proceed as accords.