James Kemp (Leslie) Ltd v Robertson [1967] ScotCS CSOH_1 (10 April 1967)

Section 17 of the Mercantile Law (Scotland) Amendment Act, 1856 applies to all carriers, not only common carriers, based on the clear statutory language.

Citation: [1967] ScotCS CSOH_1
Parties: Pursuer: James Kemp (Leslie) Ltd; Defender: Robertson
Jurisdiction: Scotland
Judgment Date: 10 April 1967
Procedural Posture: Civil / Procedure Roll Hearing
Outcome: pleas to relevancy repelled; proof before answer allowed
Legal Topics: Carrier Liability, Statutory Interpretation, Mercantile Law

Commercial Law Transport Law Carrier Liability Statutory Interpretation Mercantile Law

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 7 Party arguments 2

Parties

James Kemp (Leslie) Ltd

Pursuer

Robertson

Defender

Procedural Posture

Civil / Procedure Roll Hearing

Legal Issues

1 Does section 17 of the Mercantile Law (Scotland) Amendment Act, 1856 apply to all carriers or only to common carriers?
2 What is the scope of liability under section 17 of the 1856 Act?

Ratio Decidendi

Section 17 of the Mercantile Law (Scotland) Amendment Act, 1856 applies to all carriers, not only common carriers, based on the clear statutory language.

Court Disposition

pleas to relevancy repelled; proof before answer allowed

Orders

Case to proceed to proof before answer.