Killin and Others v. Weir [1905] ScotLR 42_393 (22 February 1905)

Killin and Others v. Weir [1905] ScotLR 42_393 (22 February 1905)

There was no real and true community of interest among the pursuers, as the alleged misrepresentations were made to different persons at different times and places; therefore, the action was incompetent.

Citation
[1905] ScotLR 42_393
Parties
Pursuer: Thomas Killin; Pursuer: Finlay M'Fadyen; Pursuer: Thomas Torrance Crossgrove; Pursuer: Colin Campbell; Defender: Alexander Clark Weir
Jurisdiction
Scotland
Judgment Date
22 February 1905
Procedural Posture
Civil / Appeal From Sheriff Court Interlocutors
Outcome
action dismissed as incompetent
Legal Topics
Competency of Action, Joinder of Parties, Misrepresentation, Damages
Civil Procedure Competency of Action Joinder of Parties Misrepresentation Damages

Case Brief

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Parties

Thomas Killin

Pursuer

Finlay M'Fadyen

Pursuer

Thomas Torrance Crossgrove

Pursuer

Colin Campbell

Pursuer

Alexander Clark Weir

Defender

Procedural Posture

Civil / Appeal From Sheriff Court Interlocutors

Legal Issues

  1. 1 Whether several pursuers claiming separate damages for misrepresentation can competently join in one action without a true community of interest.

Ratio Decidendi

There was no real and true community of interest among the pursuers, as the alleged misrepresentations were made to different persons at different times and places; therefore, the action was incompetent.

Court Disposition

action dismissed as incompetent

Orders

  • interlocutors appealed against recalled
  • action dismissed as incompetent