Bedfordshire Loan Co. v. Russell [1909] ScotLR 116 (17 November 1909)

The defender was reponed because the Court was not satisfied that the client had been made aware of the agents' actions, and it is undesirable to allow a client to be prejudiced by a possible mistake of his agent, provided expenses incurred are paid.

Citation: [1909] ScotLR 116
Parties: Pursuer: Bedfordshire Loan Company; Defender/reclaimer: James S. J. Russell
Jurisdiction: Scotland
Judgment Date: 17 November 1909
Procedural Posture: Civil / Reponing Motion Following Decree by Default
Outcome: Defender reponed on payment of expenses; case heard on merits; decree granted as craved.
Legal Topics: Decree by Default, Reponing, Duties of Law Agents, Client Representation

Civil Procedure Agency Law Decree by Default Reponing Duties of Law Agents Client Representation

Case Brief

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Parties

Bedfordshire Loan Company

Pursuer

James S. J. Russell

Defender/reclaimer

Procedural Posture

Civil / Reponing Motion Following Decree by Default

Legal Issues

1 Whether the defender should be reponed against a decree by default due to alleged failure of communication by his agent
2 What are the duties of a country agent towards the client and Edinburgh correspondents in Court of Session actions

Ratio Decidendi

Court Disposition

Defender reponed on payment of expenses; case heard on merits; decree granted as craved.

Orders

Defender to be reponed on payment of fourteen guineas of expenses before Friday morning.
Case to be heard on merits if payment made; otherwise, interlocutor affirmed.