Rodden v Whatlings Ltd [1960] ScotCS CSOH_2 (22 November 1960)
In the absence of any averment or allegation of a difference between the law of Wales and Scots law regarding duties owed by master and servant, the court will presume the laws are the same, and the pursuer is not required to aver the foreign law to make the case relevant.
Source-derived case information.
- Citation
- [1960] ScotCS CSOH_2
- Parties
- Pursuer: Rodden; Defender: Whatlings Limited
- Jurisdiction
- Scotland
- Judgment Date
- 22 November 1960
- Procedural Posture
- Delictual Action / Plea to Relevancy
- Outcome
- Defenders' plea to relevancy repelled; issue approved.
- Legal Topics
- Lex Loci Delicti, Master and Servant Duties, Pleading Foreign Law, Presumption of Similarity of Laws
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rodden
Pursuer
Whatlings Limited
Defender
Procedural Posture
Delictual Action / Plea to Relevancy
Legal Issues
- 1 Whether the pursuer must aver the law of Wales as the lex loci delicti in a Scottish court action for breach of duty arising from an accident in Wales
- 2 Whether the absence of averment of foreign law renders the action irrelevant
Ratio Decidendi
In the absence of any averment or allegation of a difference between the law of Wales and Scots law regarding duties owed by master and servant, the court will presume the laws are the same, and the pursuer is not required to aver the foreign law to make the case relevant.
Court Disposition
Defenders' plea to relevancy repelled; issue approved.
Orders
- Repel defenders' plea to relevancy.
- Approve issue for further procedure.
Full Case Text
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