Nakeski Cumming v. Gordon's Judicial Factor [1923] ScotLR 486 (26 May 1923)

Nakeski Cumming v. Gordon's Judicial Factor [1923] ScotLR 486 (26 May 1923)

The absence of any formal statement of grounds for the motion to ordain caution for expenses renders the interlocutors unsustainable; such grounds must be stated so the pursuer can answer and the Court can properly decide.

Citation
[1923] ScotLR 486
Parties
Pursuer and Reclaimer: Michael Nakeski-Cumming; Defender and Respondent: J. Harold Macdonald, W. S., judicial factor upon the estate of the late Charles Gordon of Halmyre
Jurisdiction
Scotland
Judgment Date
26 May 1923
Procedural Posture
Civil / Reclaiming Note (appeal) Against Interlocutors on Caution for Expenses
Outcome
interlocutors recalled; case remitted to Lord Ordinary
Legal Topics
Expenses, Caution for Expenses, Motion Procedure, Statement of Grounds
Civil Procedure Expenses Caution for Expenses Motion Procedure Statement of Grounds

Case Brief

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Parties

Michael Nakeski-Cumming

Pursuer and Reclaimer

J. Harold Macdonald, W. S., judicial factor upon the estate of the late Charles Gordon of Halmyre

Defender and Respondent

Procedural Posture

Civil / Reclaiming Note (appeal) Against Interlocutors on Caution for Expenses

Legal Issues

  1. 1 Whether an order for caution for expenses can be made without a formal and definite statement of grounds
  2. 2 Whether expired charge and past litigation justify caution for expenses

Ratio Decidendi

The absence of any formal statement of grounds for the motion to ordain caution for expenses renders the interlocutors unsustainable; such grounds must be stated so the pursuer can answer and the Court can properly decide.

Court Disposition

interlocutors recalled; case remitted to Lord Ordinary

Orders

  • The interlocutors of 16th March and 8th March, and the interlocutor of 27th February so far as it dealt with caution, are recalled.
  • Case remitted to the Lord Ordinary to proceed.