Mackenzie v. Macallister and Others [1909] ScotLR 288 (07 January 1909)

Mackenzie v. Macallister and Others [1909] ScotLR 288 (07 January 1909)

An action of accounting against several defenders sued jointly may competently proceed against the remaining defenders after dismissal as irrelevant against some, provided the causes of action are not inextricably intertwined and separate liability is ascertainable.

Citation
[1909] ScotLR 288
Parties
Pursuer: Murdo Mackenzie; Defender: T. S. Macallister; Defender: W. Macallister; Defender: Robert Brown & Company; Defender: Robert Brown
Jurisdiction
Scotland
Judgment Date
07 January 1909
Procedural Posture
Action of Accounting / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor
Outcome
Action dismissed as against Robert Brown & Company and Robert Brown; action allowed to proceed against T. S. Macallister and W. Macallister, with leave to amend pleadings.
Legal Topics
Joint Liability, Accounting, Competency of Dismissal Against Some Defenders, Pleas of Relevancy and Competency
Civil Procedure Joint Liability Accounting Competency of Dismissal Against Some Defenders Pleas of Relevancy and Competency

Case Brief

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Parties

Murdo Mackenzie

Pursuer

T. S. Macallister

Defender

W. Macallister

Defender

Robert Brown & Company

Defender

Robert Brown

Defender

Procedural Posture

Action of Accounting / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether an action of accounting against several defenders sued jointly can proceed against remaining defenders after dismissal as irrelevant against some defenders
  2. 2 Whether joint conclusions for accounting require dismissal of the whole action if not relevant against all defenders

Ratio Decidendi

An action of accounting against several defenders sued jointly may competently proceed against the remaining defenders after dismissal as irrelevant against some, provided the causes of action are not inextricably intertwined and separate liability is ascertainable.

Court Disposition

Action dismissed as against Robert Brown & Company and Robert Brown; action allowed to proceed against T. S. Macallister and W. Macallister, with leave to amend pleadings.

Orders

  • Lord Ordinary's interlocutor recalled
  • Action dismissed as against Robert Brown & Company and Robert Brown