Paisley Parish Council v. Glasgow and Row Parish Councils [1907] ScotLR 520 (12 March 1907)

Paisley Parish Council v. Glasgow and Row Parish Councils [1907] ScotLR 520 (12 March 1907)

The appeal is competent because the liability in question is a continuing one, and the decision will govern future advances, making the value of the cause potentially exceed £25. The statutory bar does not apply where the decree determines ongoing liability, regardless of the sum sued for at the time of litiscontestation.

Citation
[1907] ScotLR 520
Parties
Pursuer: Paisley Parish Council; Defender: Glasgow Parish Council; Defender/appellant: Row Parish Council
Jurisdiction
Scotland
Judgment Date
12 March 1907
Procedural Posture
Appeal / Inner House, First Division, Court of Session
Outcome
Objection to competency of appeal repelled; appeal held competent.
Legal Topics
Competency of Appeal, Value of Cause, Continuing Liability, Sheriff Court Act 1853, Sec. 22
Civil Procedure Local Government Law Social Welfare Law Competency of Appeal Value of Cause Continuing Liability Sheriff Court Act 1853, Sec. 22

Case Brief

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Parties

Paisley Parish Council

Pursuer

Glasgow Parish Council

Defender

Row Parish Council

Defender/appellant

Procedural Posture

Appeal / Inner House, First Division, Court of Session

Legal Issues

  1. 1 Whether an appeal is competent to the Court of Session where the sum sued for is below £25 but the decision governs future liability.
  2. 2 Whether the value of the cause should be determined by the sum sued for at litiscontestation or by the potential continuing liability.

Ratio Decidendi

The appeal is competent because the liability in question is a continuing one, and the decision will govern future advances, making the value of the cause potentially exceed £25. The statutory bar does not apply where the decree determines ongoing liability, regardless of the sum sued for at the time of litiscontestation.

Court Disposition

Objection to competency of appeal repelled; appeal held competent.

Orders

  • Objection to appeal competency repelled.
  • Case remitted to the roll for further procedure.