Summerlee Iron Co., Ltd v. Duff [1920] ScotLR 222 (31 January 1920)

Summerlee Iron Co., Ltd v. Duff [1920] ScotLR 222 (31 January 1920)

The cause was tried as a summary cause, as evidenced by the procedure and forms used; section 28 of the Sheriff Courts (Scotland) Act 1907, as amended, bars appeal unless certified by the Sheriff, which was not done; therefore, the appeal is incompetent.

Citation
[1920] ScotLR 222
Parties
Pursuer: Summerlee Iron Company, Limited; Defender: Robert Duff
Jurisdiction
Scotland
Judgment Date
31 January 1920
Procedural Posture
Appeal / Court of Session Inner House First Division, Post Sheriff Court Judgment
Outcome
appeal dismissed as incompetent
Legal Topics
Appeal Competency, Summary Cause Procedure, Sheriff Courts (scotland) Act Interpretation
Civil Procedure Appeal Competency Summary Cause Procedure Sheriff Courts (scotland) Act Interpretation

Case Brief

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Parties

Summerlee Iron Company, Limited

Pursuer

Robert Duff

Defender

Procedural Posture

Appeal / Court of Session Inner House First Division, Post Sheriff Court Judgment

Legal Issues

  1. 1 Is an appeal competent where the cause was disposed of in a summary manner without certification by the Sheriff?
  2. 2 Does the procedure adopted constitute the cause being tried as a summary cause under the Sheriff Courts (Scotland) Act 1907, as amended?

Ratio Decidendi

The cause was tried as a summary cause, as evidenced by the procedure and forms used; section 28 of the Sheriff Courts (Scotland) Act 1907, as amended, bars appeal unless certified by the Sheriff, which was not done; therefore, the appeal is incompetent.

Court Disposition

appeal dismissed as incompetent

Orders

  • appeal dismissed