Corporation of Trinity House, Leith v. Clark and Others [1910] ScotLR 673 (14 May 1910)

Corporation of Trinity House, Leith v. Clark and Others [1910] ScotLR 673 (14 May 1910)

The Court held that the reclaimer should not be barred from having his reclaiming note received due to the absence of a printed record, which resulted from a prior dispensation granted by the Court. The application to dispense with printing was granted as the reclaimer was not at fault and could not comply with the regulation.

Citation
[1910] ScotLR 673
Parties
Pursuer/respondent: Corporation of Trinity House, Leith; Defender/reclaimer: Janet L. Clark and Others
Jurisdiction
Scotland
Judgment Date
14 May 1910
Procedural Posture
Civil / Reclaiming Note (appeal) in Inner House
Outcome
application granted
Legal Topics
Competency of Reclaiming Note, Dispensation of Printing Requirements, Judicature Act 1825
Civil Procedure Competency of Reclaiming Note Dispensation of Printing Requirements Judicature Act 1825

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Parties

Corporation of Trinity House, Leith

Pursuer/respondent

Janet L. Clark and Others

Defender/reclaimer

Procedural Posture

Civil / Reclaiming Note (appeal) in Inner House

Legal Issues

  1. 1 Whether the reclaiming note is competent when printing of the record was dispensed with in the Outer House
  2. 2 Whether the reclaimer can be denied a hearing for non-compliance with procedural regulations beyond his control

Ratio Decidendi

The Court held that the reclaimer should not be barred from having his reclaiming note received due to the absence of a printed record, which resulted from a prior dispensation granted by the Court. The application to dispense with printing was granted as the reclaimer was not at fault and could not comply with the regulation.

Court Disposition

application granted

Orders

  • Court dispensed with the printing of the reclaiming note and allowed the manuscript reclaiming note to be received.