M'Cardle, Petitioner [1906] ScotLR 43_282 (24 January 1906)

M'Cardle, Petitioner [1906] ScotLR 43_282 (24 January 1906)

The Lord President validly exercised statutory power to transfer the cause for personal reasons, and the cause remains before the transferee Judge until all points are disposed of; litigants have no right to interfere with distribution of business.

Citation
[1906] ScotLR 43_282
Parties
Petitioner: Mrs Ellen Mullin or M'Cardie; Judicial Factor: J. M. M'Leod, C. A., Glasgow
Jurisdiction
Scotland
Judgment Date
24 January 1906
Procedural Posture
Petition for Appointment of Judicial Factor / Post Transfer Jurisdictional Challenge
Outcome
petition remains before Lord Johnston; no interlocutor issued
Legal Topics
Distribution of Business, Transfer of Causes, Jurisdiction of Judges, Appointment of Judicial Factor
Administration of Justice Bankruptcy Law Court Procedure Distribution of Business Transfer of Causes Jurisdiction of Judges Appointment of Judicial Factor

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Parties

Mrs Ellen Mullin or M'Cardie

Petitioner

J. M. M'Leod, C. A., Glasgow

Judicial Factor

Procedural Posture

Petition for Appointment of Judicial Factor / Post Transfer Jurisdictional Challenge

Legal Issues

  1. 1 Whether the Lord President had power to transfer a cause appropriated to the Junior Lord Ordinary to another Lord Ordinary under the Court of Session Act 1857
  2. 2 Whether the cause should revert to the new Junior Lord Ordinary upon appointment

Ratio Decidendi

The Lord President validly exercised statutory power to transfer the cause for personal reasons, and the cause remains before the transferee Judge until all points are disposed of; litigants have no right to interfere with distribution of business.

Court Disposition

petition remains before Lord Johnston; no interlocutor issued

Orders

  • The petition remains before Lord Johnston; no retransfer to Junior Lord Ordinary.