EDWARD EDELSTEN CAIRNS v. TORQ PARTNERSHIP LIMITED [2000] ScotSC 4 (23rd March, 2000)

EDWARD EDELSTEN CAIRNS v. TORQ PARTNERSHIP LIMITED [2000] ScotSC 4 (23rd March, 2000)

The appeal was incompetent as it raised issues of regularity and alleged bias, not points of law as required by Section 38. No remedy was available to the court; even if power existed, no grounds for intervention were established.

Citation
[2000] ScotSC 4
Parties
Pursuer/appellant: Edward Edelsten Cairns; Defender/respondent: Torq Partnership Limited
Jurisdiction
Scotland
Procedural Posture
Summary Cause Appeal / Appeal From Final Judgment
Outcome
appeal refused
Legal Topics
Natural Justice, Judicial Bias, Appeal Competency
Civil Procedure Natural Justice Judicial Bias Appeal Competency

Case Brief

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Parties

Edward Edelsten Cairns

Pursuer/appellant

Torq Partnership Limited

Defender/respondent

Procedural Posture

Summary Cause Appeal / Appeal From Final Judgment

Legal Issues

  1. 1 Whether the conduct of the presiding sheriff was unjust, oppressive and contrary to natural justice
  2. 2 Whether the appeal raises a point of law under Section 38 of the Sheriff Courts (Scotland) Act 1971

Ratio Decidendi

The appeal was incompetent as it raised issues of regularity and alleged bias, not points of law as required by Section 38. No remedy was available to the court; even if power existed, no grounds for intervention were established.

Court Disposition

appeal refused

Orders

  • Appeal held incompetent
  • Pursuer/appellant found liable for expenses of the appeal