Laing v. Hay [1905] ScotLR 42_464 (18 March 1905)

The Court refused to fix the trial in Edinburgh until it was certain there would be no criminal business at Aberdeen Circuit Court. Once it was established that no such criminal business would occur, the Court fixed the trial for Edinburgh, as a Circuit Court could not be convened solely for this civil case.

Citation: [1905] ScotLR 42_464
Parties: Pursuer: James Laing; Defender: Thomas Abercromby Petrie Hay
Jurisdiction: Scotland
Judgment Date: 18 March 1905
Procedural Posture: Civil Action for Damages (defamation) / Interlocutory Motion Regarding Time and Place of Jury Trial
Outcome: Motion to fix trial in Edinburgh initially refused; upon confirmation of no criminal business at Aberdeen, trial fixed for Edinburgh.
Legal Topics: Jury Trial, Notice of Trial, Fixing Place and Time of Trial, Circuit Court Procedure

Civil Procedure Defamation Jury Trial Notice of Trial Fixing Place and Time of Trial Circuit Court Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

James Laing

Pursuer

Thomas Abercromby Petrie Hay

Defender

Procedural Posture

Civil Action for Damages (defamation) / Interlocutory Motion Regarding Time and Place of Jury Trial

Legal Issues

1 Whether the trial of a civil action for defamation should proceed at the Circuit Court at Aberdeen or be fixed for jury trial sittings in Edinburgh, given the likelihood of no criminal business at Aberdeen Circuit Court.

Ratio Decidendi

Court Disposition

Motion to fix trial in Edinburgh initially refused; upon confirmation of no criminal business at Aberdeen, trial fixed for Edinburgh.

Orders

Trial fixed for 22nd May in Edinburgh.