Gore v. Westfield Autocar Co., Ltd [1922] ScotLR 85 (14 November 1922)

Gore v. Westfield Autocar Co., Ltd [1922] ScotLR 85 (14 November 1922)

Where a litigant in forma pauperis persists in litigation contrary to the advice of counsel and after adverse reports on probabilis causa litigandi, the Court may remove him from the poor's roll but is not bound to require caution for expenses as a condition of proceeding.

Citation
[1922] ScotLR 85
Parties
Pursuer and Reclaimer: Alexander Gore; Defenders and Respondents: Westfield Autocar Company, Limited
Jurisdiction
Scotland
Judgment Date
14 November 1922
Procedural Posture
Civil Breach of Contract / Reclaiming Note (appeal) Against Judgment of Lord Ordinary
Outcome
Pursuer removed from the poor's roll; no order for caution for expenses; prayer of the note otherwise refused.
Legal Topics
In Forma Pauperis, Poor's Roll, Caution for Expenses, Reclaiming Note, Probabilis Causa Litigandi
Civil Procedure Contract Law In Forma Pauperis Poor's Roll Caution for Expenses Reclaiming Note Probabilis Causa Litigandi

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Parties

Alexander Gore

Pursuer and Reclaimer

Westfield Autocar Company, Limited

Defenders and Respondents

Procedural Posture

Civil Breach of Contract / Reclaiming Note (appeal) Against Judgment of Lord Ordinary

Legal Issues

  1. 1 Whether the pursuer should remain on the poor's roll after adverse reports on probabilis causa litigandi
  2. 2 Whether the pursuer should be ordered to find caution for expenses as a condition of proceeding with the reclaiming note

Ratio Decidendi

Where a litigant in forma pauperis persists in litigation contrary to the advice of counsel and after adverse reports on probabilis causa litigandi, the Court may remove him from the poor's roll but is not bound to require caution for expenses as a condition of proceeding.

Court Disposition

Pursuer removed from the poor's roll; no order for caution for expenses; prayer of the note otherwise refused.

Orders

  • Pursuer removed from the poor's roll
  • No order for caution for expenses