Gebruder Van Uden v. Burrell [1916] ScotLR 400 (20 January 1916)

Gebruder Van Uden v. Burrell [1916] ScotLR 400 (20 January 1916)

The pursuers, being sole partners in a Dutch firm and also partners in a German business, are alien enemies under the Trading with the Enemy Acts and proclamations. As such, they are incapacitated from suing or maintaining arrestments in British courts during wartime. The action must be sisted and the arrestments recalled.

Citation
[1916] ScotLR 400
Parties
Pursuer: Gebruder Van Uden; Defender: Henry Burrell
Jurisdiction
Scotland
Judgment Date
20 January 1916
Procedural Posture
Civil / Appeal (reclaiming Motion) From Interlocutors of Lord Ordinary
Outcome
action sisted; arrestments recalled
Legal Topics
Arrestment on Dependence, Enemy Aliens, Trading With the Enemy, War and Litigation, Public Policy, Partnership Law
Civil Procedure Commercial Law Public Law Arrestment on Dependence Enemy Aliens Trading With the Enemy War and Litigation Public Policy +1 more

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Parties

Gebruder Van Uden

Pursuer

Henry Burrell

Defender

Procedural Posture

Civil / Appeal (reclaiming Motion) From Interlocutors of Lord Ordinary

Legal Issues

  1. 1 Whether a Dutch firm whose sole partners are also partners in a German business are 'alien enemies' under the Trading with the Enemy Acts and thus incapacitated from suing in British courts during wartime.
  2. 2 Whether arrestments (asset freezes) used before the outbreak of war by such a firm can be maintained after the outbreak of war.

Ratio Decidendi

The pursuers, being sole partners in a Dutch firm and also partners in a German business, are alien enemies under the Trading with the Enemy Acts and proclamations. As such, they are incapacitated from suing or maintaining arrestments in British courts during wartime. The action must be sisted and the arrestments recalled.

Court Disposition

action sisted; arrestments recalled

Orders

  • The action is sisted until the end of the war.
  • The interlocutors of the Lord Ordinary are recalled.