Clydesdale Motor Transport Co. Petitioners [1921] ScotLR 29 (03 November 1921)
The Court found the petitioners' default was satisfactorily explained as inadvertent and ignorance, and it was just and equitable to grant relief against the statutory disability imposed by section 8 of the Act.
- Citation
- [1921] ScotLR 29
- Parties
- Petitioner: Clydesdale Motor Transport Company; Petitioner: Matthew Dalgleish; Petitioner: John M'Lean; Petitioner: Janet Dalgleish or M'Lean; Respondent: M'Cosh & Devine
- Jurisdiction
- Scotland
- Judgment Date
- 03 November 1921
- Procedural Posture
- Petition for Relief Under Statute / Final Judgment
- Outcome
- petition granted
- Legal Topics
- Registration of Business Names, Statutory Disability, Relief From Disability
Case Brief
Summary, issues, holding and outcome
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Parties
Clydesdale Motor Transport Company
Petitioner
Matthew Dalgleish
Petitioner
John M'Lean
Petitioner
Janet Dalgleish or M'Lean
Petitioner
M'Cosh & Devine
Respondent
Procedural Posture
Petition for Relief Under Statute / Final Judgment
Legal Issues
- 1 Whether relief should be granted for failure to register business name under Registration of Business Names Act 1916
- 2 Whether default was accidental or due to inadvertence or other sufficient cause
Ratio Decidendi
The Court found the petitioners' default was satisfactorily explained as inadvertent and ignorance, and it was just and equitable to grant relief against the statutory disability imposed by section 8 of the Act.
Court Disposition
petition granted
Orders
- Relief granted against disability imposed by section 8 of Registration of Business Names Act 1916
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