Purves v. Carswell [1905] ScotLR 43_266 (21 December 1905)

Purves v. Carswell [1905] ScotLR 43_266 (21 December 1905)

There is no incompetency in a Lord Ordinary, though removed to the Inner House, completing the trial of an action tried without a jury under the Lunacy Acts, as the statute intends the same judge who heard the evidence to pronounce findings and dispose of the cause.

Citation
[1905] ScotLR 43_266
Parties
Pursuer: William Purves; Defender: Dr John Carswell
Jurisdiction
Scotland
Judgment Date
21 December 1905
Procedural Posture
Action for Damages / Interlocutory Ruling on Competency of Judge to Complete Trial
Outcome
case remitted to Lord Pearson to proceed and pronounce findings as if still Lord Ordinary
Legal Topics
Competency of Judge, Trial Procedure Without Jury, Lunacy Acts, Damages for Wrongful Certification
Civil Procedure Mental Health Law Competency of Judge Trial Procedure Without Jury Lunacy Acts Damages for Wrongful Certification

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Parties

William Purves

Pursuer

Dr John Carswell

Defender

Procedural Posture

Action for Damages / Interlocutory Ruling on Competency of Judge to Complete Trial

Legal Issues

  1. 1 Whether a Lord Ordinary, removed to the Inner House before pronouncing findings in fact, is competent to complete the trial of an action tried without a jury under the Lunacy Acts

Ratio Decidendi

There is no incompetency in a Lord Ordinary, though removed to the Inner House, completing the trial of an action tried without a jury under the Lunacy Acts, as the statute intends the same judge who heard the evidence to pronounce findings and dispose of the cause.

Court Disposition

case remitted to Lord Pearson to proceed and pronounce findings as if still Lord Ordinary

Orders

  • Remit case to Lord Pearson to pronounce interlocutor containing findings in fact and proceed as if still Lord Ordinary before whom the cause depended