Waddell v. Howat [1924] ScotLR 402 (19 March 1924)

Waddell v. Howat [1924] ScotLR 402 (19 March 1924)

The Bill Chamber erred in determining the merits of the note; its function is limited to assessing whether there is a proper question for trial in the Court of Session and, if so, passing the note for trial. The note raised serious questions for trial and should have been passed to the Court of Session.

Citation
[1924] ScotLR 402
Parties
Complainer: Robert Waddell; Respondent: David Erskine Howat; Respondent: Thomas Elder; Respondent: Board of Agriculture for Scotland
Jurisdiction
Scotland
Judgment Date
19 March 1924
Procedural Posture
Suspension and Interdict / Reclaiming Motion (appeal) Against Dismissal of Note in Bill Chamber
Outcome
interlocutor recalled; case remitted to Bill Chamber to pass the note for trial
Legal Topics
Function of Bill Chamber, Suspension and Interdict, Arbitration Under Agricultural Holdings (scotland) Act 1923
Civil Procedure Agricultural Law Function of Bill Chamber Suspension and Interdict Arbitration Under Agricultural Holdings (scotland) Act 1923

Case Brief

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Parties

Robert Waddell

Complainer

David Erskine Howat

Respondent

Thomas Elder

Respondent

Board of Agriculture for Scotland

Respondent

Procedural Posture

Suspension and Interdict / Reclaiming Motion (appeal) Against Dismissal of Note in Bill Chamber

Legal Issues

  1. 1 Whether the Bill Chamber can determine the merits of a suspension and interdict note raising questions suitable for trial in the Court of Session
  2. 2 Whether the note should be passed for trial or dismissed at the Bill Chamber stage

Ratio Decidendi

The Bill Chamber erred in determining the merits of the note; its function is limited to assessing whether there is a proper question for trial in the Court of Session and, if so, passing the note for trial. The note raised serious questions for trial and should have been passed to the Court of Session.

Court Disposition

interlocutor recalled; case remitted to Bill Chamber to pass the note for trial

Orders

  • The interlocutor dismissing the note is recalled.
  • The case is remitted to the Lord Ordinary on the Bills to pass the note.