Train v. Little [1911] ScotLR 619 (16 March 1911)

Train v. Little [1911] ScotLR 619 (16 March 1911)

Ample opportunity was given to the pursuer to comply with the Court's order to sist a sufficient mandatary. Failure to do so justifies decree of absolvitor rather than mere dismissal, as the defender is entitled to finality when the pursuer does not comply with procedural requirements.

Citation
[1911] ScotLR 619
Parties
Pursuer: Richard Train; Mandatary for Pursuer: Neil Sinclair; Defender: Andrew Little
Jurisdiction
Scotland
Judgment Date
16 March 1911
Procedural Posture
Civil / Appeal (reclaiming Motion) From Interlocutor
Outcome
appeal dismissed; interlocutor adhered to
Legal Topics
Mandatary, Failure to Sist Mandatary, Decree of Absolvitor, Court Compliance
Civil Procedure Mandatary Failure to Sist Mandatary Decree of Absolvitor Court Compliance

Case Brief

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Parties

Richard Train

Pursuer

Neil Sinclair

Mandatary for Pursuer

Andrew Little

Defender

Procedural Posture

Civil / Appeal (reclaiming Motion) From Interlocutor

Legal Issues

  1. 1 Whether the pursuer should be given further opportunity to sist a sufficient mandatary
  2. 2 Whether the proper decree is absolvitor or dismissal for failure to sist a mandatary

Ratio Decidendi

Ample opportunity was given to the pursuer to comply with the Court's order to sist a sufficient mandatary. Failure to do so justifies decree of absolvitor rather than mere dismissal, as the defender is entitled to finality when the pursuer does not comply with procedural requirements.

Court Disposition

appeal dismissed; interlocutor adhered to

Orders

  • Court adhered to the Lord Ordinary's interlocutor dated 13th December, granting absolvitor to the defender