Faculty of Procurators in Glasgow v. Colquhoun [1900] ScotLR 37_909 (14 July 1900)

Faculty of Procurators in Glasgow v. Colquhoun [1900] ScotLR 37_909 (14 July 1900)

The Faculty of Procurators in Glasgow had title to present the petition for removal from the roll of law-agents and notaries-public, and the averments disclosed a relevant case for inquiry into professional misconduct, notwithstanding the respondent's prior acquittal on criminal charges. Proof was allowed on the...

Source-derived case information.

Citation
[1900] ScotLR 37_909
Parties
Petitioner: Faculty of Procurators in Glasgow; Respondent: David Turnbull Colquhoun
Jurisdiction
Scotland
Judgment Date
14 July 1900
Procedural Posture
Petition for Removal From Roll of Law Agents and Notaries Public for Professional Misconduct / Interlocutory; Proof Allowed on Averments
Outcome
Proof allowed; interlocutor pronounced permitting both parties to lead evidence on their averments.
Legal Topics
Law Agent Misconduct, Title to Sue, Res Judicata, Removal From Roll, Notary Public, Law Agents (scotland) Act 1873
Professional Discipline Criminal Law Law Agent Misconduct Title to Sue Res Judicata Removal From Roll Notary Public Law Agents (scotland) Act 1873

Source-derived case record

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Parties

Faculty of Procurators in Glasgow

Petitioner

David Turnbull Colquhoun

Respondent

Procedural Posture

Petition for Removal From Roll of Law Agents and Notaries Public for Professional Misconduct / Interlocutory; Proof Allowed on Averments

Legal Issues

  1. 1 Whether the Faculty of Procurators in Glasgow had title to present the petition for removal from the roll of law-agents and notaries-public
  2. 2 Whether the averments disclosed a relevant case for inquiry into professional misconduct despite prior criminal acquittal
  3. 3 Whether res judicata applied due to prior criminal proceedings

Ratio Decidendi

The Faculty of Procurators in Glasgow had title to present the petition for removal from the roll of law-agents and notaries-public, and the averments disclosed a relevant case for inquiry into professional misconduct, notwithstanding the respondent's prior acquittal on criminal charges. Proof was allowed on the parties' respective averments.

Court Disposition

Proof allowed; interlocutor pronounced permitting both parties to lead evidence on their averments.

Orders

  • Allow both parties a proof of their respective averments on a day to be afterwards fixed.