Jones v. Tait (somervell's trustee) [1907] ScotLR 44_390 (09 February 1907)

Jones v. Tait (somervell's trustee) [1907] ScotLR 44_390 (09 February 1907)

The pursuer had no title to sue on behalf of her illegitimate son in Scotland, as neither Scottish law nor English law (as averred) conferred such status, and English procedural rules are irrelevant in Scottish courts.

Citation
[1907] ScotLR 44_390
Parties
Pursuer (reclaimer): Amy Elizabeth Jones, otherwise Somervell; Minor Represented by Pursuer: James Somers Jones, otherwise Somervell; Defender (respondent): John Scott Tait, Chartered Accountant, trustee on the sequestrated estates of James Somervell of Sorn
Jurisdiction
Scotland
Judgment Date
09 February 1907
Procedural Posture
Civil Action for Reduction / Reclaiming Note (appeal) From Lord Ordinary's Dismissal
Outcome
action dismissed; Lord Ordinary's judgment affirmed
Legal Topics
Title to Sue, Parent and Child, Lex Fori, Illegitimacy, Next Friend, Jurisdictional Procedure
Private International Law Civil Procedure Family Law Title to Sue Parent and Child Lex Fori Illegitimacy Next Friend +1 more

Case Brief

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Parties

Amy Elizabeth Jones, otherwise Somervell

Pursuer (reclaimer)

James Somers Jones, otherwise Somervell

Minor Represented by Pursuer

John Scott Tait, Chartered Accountant, trustee on the sequestrated estates of James Somervell of Sorn

Defender (respondent)

Procedural Posture

Civil Action for Reduction / Reclaiming Note (appeal) From Lord Ordinary's Dismissal

Legal Issues

  1. 1 Whether the mother of an illegitimate child domiciled in England has title to sue on his behalf in Scotland as 'next friend'
  2. 2 Relevancy of averring English procedural rules in Scottish court

Ratio Decidendi

The pursuer had no title to sue on behalf of her illegitimate son in Scotland, as neither Scottish law nor English law (as averred) conferred such status, and English procedural rules are irrelevant in Scottish courts.

Court Disposition

action dismissed; Lord Ordinary's judgment affirmed

Orders

  • Action dismissed
  • Judgment of Lord Ordinary adhered to