N. G. Fergusson & Co., Ltd v. Brown & Tawse [1917] ScotLR 309 (03 March 1917)

N. G. Fergusson & Co., Ltd v. Brown & Tawse [1917] ScotLR 309 (03 March 1917)

Section 1(7) of the Courts (Emergency Powers) Act 1914 excludes from the requirement for leave any action by a creditor to recover sums from an enemy alien; thus, leave of court is not required at this stage for an action of furthcoming against British arrestees to recover funds due to the creditor from an enemy debtor.

Citation
[1917] ScotLR 309
Parties
Pursuer: N. G. Fergusson & Company, Limited; Arrestee/respondent: Brown & Tawse; Principal Debtor: Eisenwerk Kraft Aktien Gesellschaft
Jurisdiction
Scotland
Judgment Date
03 March 1917
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor
Outcome
interlocutor of Lord Ordinary recalled; cause remitted for further procedure
Legal Topics
Diligence, Furthcoming, Enemy Aliens, Enforcement of Judgments, Statutory Interpretation
Civil Procedure War and Emergency Powers Diligence Furthcoming Enemy Aliens Enforcement of Judgments Statutory Interpretation

Case Brief

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Parties

N. G. Fergusson & Company, Limited

Pursuer

Brown & Tawse

Arrestee/respondent

Eisenwerk Kraft Aktien Gesellschaft

Principal Debtor

Procedural Posture

Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Does section 1(1)(a) of the Courts (Emergency Powers) Act 1914 require leave of court to proceed with an action of furthcoming where the principal debtor is an enemy alien?
  2. 2 Does section 1(7) of the Act exclude such actions from the requirement for leave?

Ratio Decidendi

Section 1(7) of the Courts (Emergency Powers) Act 1914 excludes from the requirement for leave any action by a creditor to recover sums from an enemy alien; thus, leave of court is not required at this stage for an action of furthcoming against British arrestees to recover funds due to the creditor from an enemy debtor.

Court Disposition

interlocutor of Lord Ordinary recalled; cause remitted for further procedure

Orders

  • Interlocutor of Lord Ordinary recalled
  • Cause remitted to Lord Ordinary for further procedure