Atkinson & Wood v. Mackintosh [1905] ScotLR 42_461 (17 March 1905)

Atkinson & Wood v. Mackintosh [1905] ScotLR 42_461 (17 March 1905)

The Court held that, since there was no action pending in England and the plea of forum non conveniens had been sustained, the Scottish action should be dismissed rather than sisted. The authorities cited by the pursuers did not support maintaining an action solely to secure property for a potential future foreign decree. The Judgments Extension Act provided a mechanism for enforcing English judgments in Scotland, and there was no legal basis for arrestment in Scotland on the dependence of an action not yet raised in England.

Citation
[1905] ScotLR 42_461
Parties
Pursuer: Atkinson & Wood; Defender: Mrs Eugenie Fair-weather or Mackintosh; Defender (for His Interest): Reverend John Mackintosh
Jurisdiction
Scotland
Judgment Date
17 March 1905
Procedural Posture
Civil / Appeal (reclaiming Motion) From Interlocutor of Lord Ordinary
Outcome
action dismissed
Legal Topics
Forum Non Conveniens, Arrestment Ad Fundandam Jurisdictionem, Jurisdiction, Diligence, Cross Border Enforcement
Civil Procedure Private International Law Forum Non Conveniens Arrestment Ad Fundandam Jurisdictionem Jurisdiction Diligence Cross Border Enforcement

Case Brief

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Parties

Atkinson & Wood

Pursuer

Mrs Eugenie Fair-weather or Mackintosh

Defender

Reverend John Mackintosh

Defender (for His Interest)

Procedural Posture

Civil / Appeal (reclaiming Motion) From Interlocutor of Lord Ordinary

Legal Issues

  1. 1 Whether a Scottish court should dismiss or sist an action where forum non conveniens is sustained and no proceedings are pending in the alternative forum
  2. 2 Whether arrestment ad fundandam jurisdictionem can be maintained solely to secure property for a potential future foreign decree

Ratio Decidendi

The Court held that, since there was no action pending in England and the plea of forum non conveniens had been sustained, the Scottish action should be dismissed rather than sisted. The authorities cited by the pursuers did not support maintaining an action solely to secure property for a potential future foreign decree. The Judgments Extension Act provided a mechanism for enforcing English judgments in Scotland, and there was no legal basis for arrestment in Scotland on the dependence of an action not yet raised in England.

Court Disposition

action dismissed

Orders

  • The interlocutor of the Lord Ordinary was recalled.
  • The action was dismissed.