Melrose Parish Council v. Hawick Parish Council [1912] ScotLR 749 (12 June 1912)

The appeal is incompetent because there is no practical question of continuing liability and the value of the cause is below the statutory threshold for appeal.

Citation: [1912] ScotLR 749
Parties: Pursuer: Melrose Parish Council; Defender: Hawick Parish Council
Jurisdiction: Scotland
Judgment Date: 12 June 1912
Procedural Posture: Appeal / Court of Session Inner House First Division
Outcome: appeal dismissed as incompetent
Legal Topics: Competency of Appeal, Value of Cause, Continuing Liability, Sheriff Courts (scotland) Act 1907

Civil Procedure Local Government Law Competency of Appeal Value of Cause Continuing Liability Sheriff Courts (scotland) Act 1907

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Parties

Melrose Parish Council

Pursuer

Hawick Parish Council

Defender

Procedural Posture

Appeal / Court of Session Inner House First Division

Legal Issues

1 Is the appeal competent given the value of the cause and absence of continuing liability?

Ratio Decidendi

The appeal is incompetent because there is no practical question of continuing liability and the value of the cause is below the statutory threshold for appeal.

Court Disposition

appeal dismissed as incompetent

Orders

objection to competency sustained
no further orders issued