Shankland & Co. v. Robinson & Co. [1918] ScotLR 107 (13 December 1918)

Shankland & Co. v. Robinson & Co. [1918] ScotLR 107 (13 December 1918)

A plea-in-law and averments in an action do not constitute an 'application' under section 1(2) of the Courts (Emergency Powers) Act 1917. Relief under the Act must be sought by an independent application expressly invoking the Act. The defenders' method of raising the issue was procedurally inappropriate, and the Lord Ordinary was correct to repel the plea.

Citation
[1918] ScotLR 107
Parties
Pursuer: Shankland & Company; Defender: John Robinson & Company
Jurisdiction
Scotland
Judgment Date
13 December 1918
Procedural Posture
Civil / Reclaiming Note (appeal) Against Interlocutor Repelling Plea in Law
Outcome
reclaiming note refused
Legal Topics
Interpretation of 'application' Under Courts (emergency Powers) Act 1917, Procedure for Invoking Statutory Relief, Effect of Government Requisition on Contract Performance
Contract Law War/emergency Powers Civil Procedure Interpretation of 'application' Under Courts (emergency Powers) Act 1917 Procedure for Invoking Statutory Relief Effect of Government Requisition on Contract Performance

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Parties

Shankland & Company

Pursuer

John Robinson & Company

Defender

Procedural Posture

Civil / Reclaiming Note (appeal) Against Interlocutor Repelling Plea in Law

Legal Issues

  1. 1 Whether a plea-in-law and averments in an action constitute an 'application' under section 1(2) of the Courts (Emergency Powers) Act 1917
  2. 2 Whether the Act can be invoked by defenders in the record of an action raised by the other party to the contract

Ratio Decidendi

A plea-in-law and averments in an action do not constitute an 'application' under section 1(2) of the Courts (Emergency Powers) Act 1917. Relief under the Act must be sought by an independent application expressly invoking the Act. The defenders' method of raising the issue was procedurally inappropriate, and the Lord Ordinary was correct to repel the plea.

Court Disposition

reclaiming note refused

Orders

  • case remitted to the Lord Ordinary for further procedure