Lord Brooke and Others v. Marchioness of Huntly [1911] ScotLR 71 (03 November 1911)

Lord Brooke and Others v. Marchioness of Huntly [1911] ScotLR 71 (03 November 1911)

No sufficient cause was shown for the delay in lodging defences; statutory rules must be strictly followed, and the Court will not interfere with the exercise of discretion by the Sheriff unless compelling reasons are demonstrated.

Citation
[1911] ScotLR 71
Parties
Pursuer: Major the Honourable Leopold Guy Francis Maynard Greville, commonly called Lord Brooke, and others, trustees under a declaration of trust; Defender: Most Honourable Charles Gordon, Marquess of Huntly, and Most Honourable Amy, Marchioness of Huntly
Jurisdiction
Scotland
Judgment Date
03 November 1911
Procedural Posture
Appeal / Final Judgment by Court of Session Inner House, First Division
Outcome
appeal dismissed
Legal Topics
Failure to Lodge Defences, Decree by Default, Sheriff Courts (scotland) Act 1907, Practice in Sheriff Courts
Civil Procedure Failure to Lodge Defences Decree by Default Sheriff Courts (scotland) Act 1907 Practice in Sheriff Courts

Case Brief

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Parties

Major the Honourable Leopold Guy Francis Maynard Greville, commonly called Lord Brooke, and others, trustees under a declaration of trust

Pursuer

Most Honourable Charles Gordon, Marquess of Huntly, and Most Honourable Amy, Marchioness of Huntly

Defender

Procedural Posture

Appeal / Final Judgment by Court of Session Inner House, First Division

Legal Issues

  1. 1 Whether decree by default for failure to lodge defences within statutory time should be interfered with on appeal
  2. 2 Whether local court practice can override statutory requirements for lodging defences

Ratio Decidendi

No sufficient cause was shown for the delay in lodging defences; statutory rules must be strictly followed, and the Court will not interfere with the exercise of discretion by the Sheriff unless compelling reasons are demonstrated.

Court Disposition

appeal dismissed

Orders

  • Defenders ordered to deliver the household furniture and effects to pursuers within seven days from the date of interlocutor