Rutherford v. Thyne [1906] ScotLR 44_51 (17 November 1906)

There was nothing in the complaint that reasonably involved a pretence by Mr Thyne that he was a duly qualified law-agent; the separation of business was clear and no breach of statute occurred.

Citation: [1906] ScotLR 44_51
Parties: Complainer: Robert Sinclair Rutherford; Respondent: David S. Thyne
Jurisdiction: Scotland
Judgment Date: 17 November 1906
Procedural Posture: Appeal / Second Division, Court of Session
Outcome: appeal dismissed
Legal Topics: Pretence of Being Law Agent, Law Agents and Notaries Public (scotland) Act 1891, Relevancy of Complaint

Criminal Law Professional Regulation Pretence of Being Law Agent Law Agents and Notaries Public (scotland) Act 1891 Relevancy of Complaint

Case Brief

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Parties

Robert Sinclair Rutherford

Complainer

David S. Thyne

Respondent

Procedural Posture

Appeal / Second Division, Court of Session

Legal Issues

1 Whether the respondent falsely pretended to be a duly qualified law-agent contrary to section 2 of the Law Agents and Notaries Public (Scotland) Act 1891
2 Whether the complaint was relevant under the statute

Ratio Decidendi

There was nothing in the complaint that reasonably involved a pretence by Mr Thyne that he was a duly qualified law-agent; the separation of business was clear and no breach of statute occurred.

Court Disposition

appeal dismissed

Orders

complaint dismissed
£2 of modified expenses awarded