Earl of Kintore v. Alex. Pirie & Sons, Ltd [1904] ScotLR 42_5 (21 October 1904)

Earl of Kintore v. Alex. Pirie & Sons, Ltd [1904] ScotLR 42_5 (21 October 1904)

An interlocutor that disposes of the whole merits of the case is a final judgment under section 53 of the Court of Session Act 1868, even if expenses are awarded 'subject to some modification' and the amount of modification is not yet fixed; thus, a reclaiming-note is competent without further determination of expenses.

Citation
[1904] ScotLR 42_5
Parties
Pursuers/respondents: Earl of Kintore and Others; Defenders/reclaimers: Alex. Pirie & Sons, Limited
Jurisdiction
Scotland
Judgment Date
21 October 1904
Procedural Posture
Civil / Reclaiming Note (appeal) Against Lord Ordinary's Interlocutor
Outcome
Objection to competency of reclaiming-note repelled; case sent to the roll.
Legal Topics
Finality of Judgment, Competency of Appeal, Expenses in Litigation
Civil Procedure Finality of Judgment Competency of Appeal Expenses in Litigation

Case Brief

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Parties

Earl of Kintore and Others

Pursuers/respondents

Alex. Pirie & Sons, Limited

Defenders/reclaimers

Procedural Posture

Civil / Reclaiming Note (appeal) Against Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether an interlocutor granting expenses 'subject to some modification' is a final judgment under section 53 of the Court of Session Act 1868 and thus open to reclaiming without leave.

Ratio Decidendi

An interlocutor that disposes of the whole merits of the case is a final judgment under section 53 of the Court of Session Act 1868, even if expenses are awarded 'subject to some modification' and the amount of modification is not yet fixed; thus, a reclaiming-note is competent without further determination of expenses.

Court Disposition

Objection to competency of reclaiming-note repelled; case sent to the roll.

Orders

  • Objection to competency repelled
  • Case sent to the roll for further procedure