Inglis v. National Bank of Scotland, Ltd [1910] ScotLR 9 (21 October 1910)

Inglis v. National Bank of Scotland, Ltd [1910] ScotLR 9 (21 October 1910)

The interlocutor approving the auditor's report and decerning for taxed expenses is a reclaimable interlocutor, and the reclaiming note against it is competent, as it brings up all prior interlocutors for review.

Citation
[1910] ScotLR 9
Parties
Pursuer (reclaimer): William Inglis; Defender (respondent): National Bank of Scotland, Limited
Jurisdiction
Scotland
Judgment Date
21 October 1910
Procedural Posture
Civil / Reclaiming Note (appeal) Against Interlocutor Approving Auditor's Report on Expenses
Outcome
Objection to competency of reclaiming note repelled; case to proceed to roll.
Legal Topics
Competency of Reclaiming Note, Final Interlocutor, Expenses, Court of Session Act 1868 Section 53
Civil Procedure Competency of Reclaiming Note Final Interlocutor Expenses Court of Session Act 1868 Section 53

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Parties

William Inglis

Pursuer (reclaimer)

National Bank of Scotland, Limited

Defender (respondent)

Procedural Posture

Civil / Reclaiming Note (appeal) Against Interlocutor Approving Auditor's Report on Expenses

Legal Issues

  1. 1 Whether it is competent to reclaim against an interlocutor approving the auditor's report and decerning for taxed expenses more than twenty-one days after the original interlocutor assoilzieing the defenders and awarding expenses.

Ratio Decidendi

The interlocutor approving the auditor's report and decerning for taxed expenses is a reclaimable interlocutor, and the reclaiming note against it is competent, as it brings up all prior interlocutors for review.

Court Disposition

Objection to competency of reclaiming note repelled; case to proceed to roll.

Orders

  • Objection to competency of reclaiming note repelled
  • Case to be sent to the roll