Ross v. Ross and Others [1920] ScotLR 461 (13 May 1920)

Ross v. Ross and Others [1920] ScotLR 461 (13 May 1920)

The appeal is competent because the petitioner invoked ordinary judicial procedure in the Sheriff Court, resulting in a final judgment including expenses, distinguishing this case from purely administrative acts; personal bar prevents the petitioner from objecting to appealability.

Citation
[1920] ScotLR 461
Parties
Pursuer/respondent: Mrs Agnes Rodger Shannon or Ross; Defender/appellant: David Ross; Defender/appellant: George Ross; Defender/appellant: Alexander Nicholson
Jurisdiction
Scotland
Judgment Date
13 May 1920
Procedural Posture
Appeal / Objection to Competency of Appeal in Court of Session, Inner House, Second Division
Outcome
Objection to competency of appeal repelled; cause appointed to be put to the roll.
Legal Topics
Nomination of Arbiter, Competency of Appeal, Administrative Vs Judicial Acts, Expenses in Arbitration
Contract Law Arbitration Law Civil Procedure Nomination of Arbiter Competency of Appeal Administrative Vs Judicial Acts Expenses in Arbitration

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Parties

Mrs Agnes Rodger Shannon or Ross

Pursuer/respondent

David Ross

Defender/appellant

George Ross

Defender/appellant

Alexander Nicholson

Defender/appellant

Procedural Posture

Appeal / Objection to Competency of Appeal in Court of Session, Inner House, Second Division

Legal Issues

  1. 1 Is the appeal against the Sheriff-Substitute's interlocutor appointing an arbiter and awarding expenses competent?
  2. 2 Does the nature of the Sheriff-Substitute's act (administrative or judicial) affect appealability?

Ratio Decidendi

The appeal is competent because the petitioner invoked ordinary judicial procedure in the Sheriff Court, resulting in a final judgment including expenses, distinguishing this case from purely administrative acts; personal bar prevents the petitioner from objecting to appealability.

Court Disposition

Objection to competency of appeal repelled; cause appointed to be put to the roll.

Orders

  • Objection to competency of appeal repelled
  • Cause to be put to the roll