Ferris v. Glasgow Corporation [1914] ScotLR 229 (03 February 1914)

Ferris v. Glasgow Corporation [1914] ScotLR 229 (03 February 1914)

The court will not grant authority to a joint minute in the absence of the opposite party or their counsel unless evidence is produced of intimation of the motion to the absent party by registered letter.

Citation
[1914] ScotLR 229
Parties
Pursuer: Joseph Ferris; Defenders: Corporation of the City of Glasgow
Jurisdiction
Scotland
Judgment Date
03 February 1914
Procedural Posture
Personal Injury Action / Motion to Interpone Authority to Joint Minute of Settlement
Outcome
Defenders assoilzied; joint minute authority interponed.
Legal Topics
Compromise, Joint Minute of Settlement, Intimation of Motion, Court Procedure
Civil Procedure Personal Injury Compromise Joint Minute of Settlement Intimation of Motion Court Procedure

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Parties

Joseph Ferris

Pursuer

Corporation of the City of Glasgow

Defenders

Procedural Posture

Personal Injury Action / Motion to Interpone Authority to Joint Minute of Settlement

Legal Issues

  1. 1 Whether the court can interpone authority to a joint minute when the opposite party or their counsel does not appear
  2. 2 What evidence of intimation is required in such circumstances

Ratio Decidendi

The court will not grant authority to a joint minute in the absence of the opposite party or their counsel unless evidence is produced of intimation of the motion to the absent party by registered letter.

Court Disposition

Defenders assoilzied; joint minute authority interponed.

Orders

  • Authority interponed to joint minute of settlement.
  • Defenders assoilzied from the conclusions of the action.