Adair v. David Colville & Sons, Ltd [1922] ScotLR 482 (14 July 1922)

Adair v. David Colville & Sons, Ltd [1922] ScotLR 482 (14 July 1922)

The statutory scheme under the Sheriff Courts (Scotland) Act 1907, Rule 147, explicitly excludes review of an interlocutor applying a jury verdict where shorthand notes have been dispensed with by agreement of the parties. The Court of Session has no jurisdiction to entertain such an appeal, nor can it invoke its nobile officium to override the statutory bar.

Citation
[1922] ScotLR 482
Parties
Pursuers/appellants: Mrs Jeanie M'Ghie or Adair, James Adair and others; Defenders/respondents: David Colville & Sons, Limited
Jurisdiction
Scotland
Judgment Date
14 July 1922
Procedural Posture
Civil Appeal (jury Trial, Damages) / Appeal From Sheriff Court to Court of Session (inner House, Second Division)
Outcome
appeal dismissed as incompetent
Legal Topics
Competency of Appeal, Sheriff Courts (scotland) Act 1907, Nobile Officium, Application of Jury Verdict, Damages for Death at Work
Civil Procedure Employment Law Personal Injury Competency of Appeal Sheriff Courts (scotland) Act 1907 Nobile Officium Application of Jury Verdict Damages for Death at Work

Case Brief

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Parties

Mrs Jeanie M'Ghie or Adair, James Adair and others

Pursuers/appellants

David Colville & Sons, Limited

Defenders/respondents

Procedural Posture

Civil Appeal (jury Trial, Damages) / Appeal From Sheriff Court to Court of Session (inner House, Second Division)

Legal Issues

  1. 1 Whether an appeal is competent from a Sheriff’s interlocutor applying a jury verdict when shorthand notes of proceedings were dispensed with under the Sheriff Courts (Scotland) Act 1907, Rule 137 and 147.
  2. 2 Whether the nobile officium of the Court of Session can be invoked to review or override an express statutory exclusion of appeal.

Ratio Decidendi

The statutory scheme under the Sheriff Courts (Scotland) Act 1907, Rule 147, explicitly excludes review of an interlocutor applying a jury verdict where shorthand notes have been dispensed with by agreement of the parties. The Court of Session has no jurisdiction to entertain such an appeal, nor can it invoke its nobile officium to override the statutory bar.

Court Disposition

appeal dismissed as incompetent

Orders

  • Appeal dismissed.