Blow v. Ecuadorian Association, Ltd [1903] ScotLR 40_358 (07 February 1903)

A person resident in England may be sisted as mandatary for a foreign pursuer in a Scottish court, as Scottish decrees for expenses can be enforced against him in England under the Judgments Extension Act 1868, and no personal objection exists to the proposed mandatary.

Citation: [1903] ScotLR 40_358
Parties: Pursuer: Albert Allmond Blow; Defender: Ecuadorian Association, Limited; Mandatary Proposed for Pursuer: Frederick William Salisbury Jones
Jurisdiction: Scotland
Judgment Date: 07 February 1903
Procedural Posture: Civil / Reclaiming Motion (appeal) Against Lord Ordinary's Interlocutor
Outcome: interlocutor recalled; pursuer's motion granted
Legal Topics: Mandatary, Foreign Pursuer, Judgments Extension Act 1868, Enforcement of Expenses

Civil Procedure Mandatary Foreign Pursuer Judgments Extension Act 1868 Enforcement of Expenses

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Parties

Albert Allmond Blow

Pursuer

Ecuadorian Association, Limited

Defender

Frederick William Salisbury Jones

Mandatary Proposed for Pursuer

Procedural Posture

Civil / Reclaiming Motion (appeal) Against Lord Ordinary's Interlocutor

Legal Issues

1 Whether a person resident in England may be sisted as mandatary for a foreign pursuer in a Scottish court

Ratio Decidendi

Court Disposition

interlocutor recalled; pursuer's motion granted

Orders

Find defenders liable to pursuer in expenses since the date of the interlocutor reclaimed against.
Remit the account of expenses to the Auditor to tax and report to the Lord Ordinary.