Douglas v. Hogarth [1901] ScotLR 39_118 (19 November 1901)

Discharge of claim against one defender does not bar action against the other nor deprive him of right of relief; pursuer may proceed against remaining defender after restricting claim by amount received from settled defender.

Citation: [1901] ScotLR 39_118
Parties: Pursuer: James Douglas; Defender: Hugh Hogarth; Defender: Robert Gillespie
Jurisdiction: Scotland
Judgment Date: 19 November 1901
Procedural Posture: Reparation Action for Negligence / Interlocutory Appeal on Pleas in Law Before Jury Trial
Outcome: Pleas-in-law for defender Hogarth repelled; issue as amended approved; case to proceed to trial.
Legal Topics: Joint and Several Liability, Effect of Discharge, Right of Relief, Damages

Tort Reparation Negligence Joint and Several Liability Effect of Discharge Right of Relief Damages

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 3

Parties

James Douglas

Pursuer

Hugh Hogarth

Defender

Robert Gillespie

Defender

Procedural Posture

Reparation Action for Negligence / Interlocutory Appeal on Pleas in Law Before Jury Trial

Legal Issues

1 Whether discharge of claim against one of two joint/several defenders bars action against the other
2 Whether pursuer's settlement with one defender deprives remaining defender of right of relief
3 Whether pursuer can proceed against remaining defender after restricting claim by amount received

Ratio Decidendi

Court Disposition

Pleas-in-law for defender Hogarth repelled; issue as amended approved; case to proceed to trial.

Orders

Repel first, fifth, and sixth pleas-in-law for defender Hogarth
Approve amended issue reducing damages claimed from £300 to £285