Craig Line Steamship Co., Ltd v. North British Storage and Transit Co. and Others [1914] ScotLR 65 (17 November 1914)

Craig Line Steamship Co., Ltd v. North British Storage and Transit Co. and Others [1914] ScotLR 65 (17 November 1914)

The Court held that, as Faust Michaelis had become an enemy under the Proclamation, the proper course was to sist process in both actions, reserving all questions of expenses, and not to grant decree while the counterclaim was sisted.

Citation
[1914] ScotLR 65
Parties
Pursuer: Craig Line Steamship Company, Limited; Defender and Counter Pursuer: North British Storage and Transit Company and Others; Sisted Pursuer in Counter Action: Faust Michaelis
Jurisdiction
Scotland
Judgment Date
17 November 1914
Procedural Posture
Conjoined Actions (claim and Counterclaim) / Reclaiming Note (appeal) After Lord Ordinary's Interlocutor and Outbreak of War
Outcome
Process sisted in both actions, reserving all questions of expenses.
Legal Topics
Sist of Process, Alien Enemy Litigant, Trading With the Enemy, Freight and Carriage of Goods, Counterclaim Procedure
Civil Procedure Commercial Law International Law Sist of Process Alien Enemy Litigant Trading With the Enemy Freight and Carriage of Goods Counterclaim Procedure

Case Brief

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Parties

Craig Line Steamship Company, Limited

Pursuer

North British Storage and Transit Company and Others

Defender and Counter Pursuer

Faust Michaelis

Sisted Pursuer in Counter Action

Procedural Posture

Conjoined Actions (claim and Counterclaim) / Reclaiming Note (appeal) After Lord Ordinary's Interlocutor and Outbreak of War

Legal Issues

  1. 1 Whether proceedings should be sisted due to a party becoming an alien enemy under the Trading with the Enemy Proclamation 1914
  2. 2 Whether decree should be granted in favour of the original pursuer while the counterclaim is sisted

Ratio Decidendi

The Court held that, as Faust Michaelis had become an enemy under the Proclamation, the proper course was to sist process in both actions, reserving all questions of expenses, and not to grant decree while the counterclaim was sisted.

Court Disposition

Process sisted in both actions, reserving all questions of expenses.

Orders

  • Sist process in hoc statu in both actions.
  • Reserve all questions of expenses.