Roger v. J. P. Cochrane & Co. and Another [1909] ScotLR 5 (15 October 1909)

Roger v. J. P. Cochrane & Co. and Another [1909] ScotLR 5 (15 October 1909)

Interest on damages awarded by the Lord Ordinary, where the interlocutor is recalled and later restored by the House of Lords, is not due from the date of the original interlocutor unless specifically awarded by the House of Lords. The Court of Session cannot add interest beyond what the House of Lords has decreed.

Citation
[1909] ScotLR 5
Parties
Pursuer: James Henry Roger; Defender: J. P. Cochrane & Company; Defender: James Pringle Cochrane
Jurisdiction
Scotland
Judgment Date
15 October 1909
Procedural Posture
Petition to Apply Judgment of the House of Lords in an Action of Damages for Patent Infringement / Post Appeal Application for Interest on Damages
Outcome
prayer for interest refused; interlocutor applying House of Lords judgment pronounced in ordinary form
Legal Topics
Patent Infringement, Damages, Interest on Judgment, Application of Appellate Judgment
Intellectual Property Civil Procedure Patent Infringement Damages Interest on Judgment Application of Appellate Judgment

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Parties

James Henry Roger

Pursuer

J. P. Cochrane & Company

Defender

James Pringle Cochrane

Defender

Procedural Posture

Petition to Apply Judgment of the House of Lords in an Action of Damages for Patent Infringement / Post Appeal Application for Interest on Damages

Legal Issues

  1. 1 Whether the pursuer is entitled to interest on damages from the date of the Lord Ordinary's interlocutor after restoration by the House of Lords

Ratio Decidendi

Interest on damages awarded by the Lord Ordinary, where the interlocutor is recalled and later restored by the House of Lords, is not due from the date of the original interlocutor unless specifically awarded by the House of Lords. The Court of Session cannot add interest beyond what the House of Lords has decreed.

Court Disposition

prayer for interest refused; interlocutor applying House of Lords judgment pronounced in ordinary form

Orders

  • Refused the pursuer's prayer for interest on damages.
  • Pronounced interlocutor applying the judgment of the House of Lords in the terms restored by that court.