Muir & Son, Ltd v. Edinburgh and Leith Corporations Gas Commissioners [1906] ScotLR 43_598 (22 May 1906)

Despite section 62, the Court remitted the case to the Lord Ordinary to take further proof and report, allowing procedural amendments and additional proof.

Citation: [1906] ScotLR 43_598
Parties: Pursuer: Muir & Son, Limited; Defender: Edinburgh and Leith Corporations Gas Commissioners
Jurisdiction: Scotland
Judgment Date: 22 May 1906
Procedural Posture: Action of Damages / Reclaiming Note; Interlocutor After Proof
Outcome: Further proof allowed; case remitted to Lord Ordinary to take proof and report.
Legal Topics: Proof Procedure, Remit to Lord Ordinary, Court of Session Act 1868 Section 62

Civil Procedure Proof Procedure Remit to Lord Ordinary Court of Session Act 1868 Section 62

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Parties

Muir & Son, Limited

Pursuer

Edinburgh and Leith Corporations Gas Commissioners

Defender

Procedural Posture

Action of Damages / Reclaiming Note; Interlocutor After Proof

Legal Issues

1 Whether further proof can be remitted to the Lord Ordinary under section 62 of the Court of Session Act 1868

Ratio Decidendi

Despite section 62, the Court remitted the case to the Lord Ordinary to take further proof and report, allowing procedural amendments and additional proof.

Court Disposition

Further proof allowed; case remitted to Lord Ordinary to take proof and report.

Orders

Allow answers for defenders to be received
Open up the record