Harvey v. Glasgow Corporation [1914] ScotLR 395 (11 March 1914)

Harvey v. Glasgow Corporation [1914] ScotLR 395 (11 March 1914)

Glasgow Corporation, by assuming control and direction of the defence of the police constables under section 134 of the Glasgow Police Act 1866, became dominus litis and is liable for the pursuer's expenses. The Corporation's intervention went beyond financial assistance and included full control over the litigation, making them responsible for the costs awarded against the constables.

Citation
[1914] ScotLR 395
Parties
Pursuer: Duncan Harvey; Defender: Glasgow Corporation
Jurisdiction
Scotland
Judgment Date
11 March 1914
Procedural Posture
Civil / Appeal (reclaiming Note) From Lord Ordinary's Interlocutor
Outcome
appeal refused; interlocutor of Lord Ordinary affirmed
Legal Topics
Dominus Litis, Liability for Expenses, Municipal Liability, Police Actions, Statutory Interpretation
Civil Procedure Municipal Law Employment Law Dominus Litis Liability for Expenses Municipal Liability Police Actions Statutory Interpretation

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Parties

Duncan Harvey

Pursuer

Glasgow Corporation

Defender

Procedural Posture

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

Legal Issues

  1. 1 Whether Glasgow Corporation, having assumed control of the defence of police constables sued for wrongful arrest, is liable as dominus litis for the pursuer's expenses.
  2. 2 What degree of interest and control is required to establish dominus litis liability.

Ratio Decidendi

Glasgow Corporation, by assuming control and direction of the defence of the police constables under section 134 of the Glasgow Police Act 1866, became dominus litis and is liable for the pursuer's expenses. The Corporation's intervention went beyond financial assistance and included full control over the litigation, making them responsible for the costs awarded against the constables.

Court Disposition

appeal refused; interlocutor of Lord Ordinary affirmed

Orders

  • Glasgow Corporation held liable as dominus litis for the pursuer's expenses in the prior action against the constables.
  • Decree for payment of £150 1s. in expenses to the pursuer.