Smith v. William Dixon Ltd [1909] ScotLR 202 (21 December 1909)

Smith v. William Dixon Ltd [1909] ScotLR 202 (21 December 1909)

Pursuer's inability to pay expenses does not constitute sufficient cause for delay under Act of Sederunt; motion for absolvitor granted.

Citation
[1909] ScotLR 202
Parties
Pursuer: Archibald Smith; Defender: William Dixon Limited
Jurisdiction
Scotland
Judgment Date
21 December 1909
Procedural Posture
Jury Trial / Motion for Absolvitor Following Failure to Proceed to Trial Within Twelve Months After Order for New Trial
Outcome
motion for absolvitor granted; defenders assoilzied
Legal Topics
Order for New Trial, Failure to Proceed, Expenses, Employers' Liability Act 1880
Civil Procedure Employment Law Order for New Trial Failure to Proceed Expenses Employers' Liability Act 1880

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Parties

Archibald Smith

Pursuer

William Dixon Limited

Defender

Procedural Posture

Jury Trial / Motion for Absolvitor Following Failure to Proceed to Trial Within Twelve Months After Order for New Trial

Legal Issues

  1. 1 Whether pursuer's inability to pay expenses constitutes 'sufficient cause' for delay under Act of Sederunt 1841, sections 41 and 46
  2. 2 Whether defenders are entitled to absolvitor due to pursuer's failure to proceed to trial within twelve months

Ratio Decidendi

Pursuer's inability to pay expenses does not constitute sufficient cause for delay under Act of Sederunt; motion for absolvitor granted.

Court Disposition

motion for absolvitor granted; defenders assoilzied

Orders

  • defenders assoilzied
  • no further proceedings permitted