Jambs Dunbar & Co. v. Scottish County Investment Co., Ltd [1920] ScotLR 179 (16 January 1920)

Jambs Dunbar & Co. v. Scottish County Investment Co., Ltd [1920] ScotLR 179 (16 January 1920)

An action of proving the tenor is not an action of declarator within the meaning of section 5(1) of the Sheriff Courts (Scotland) Act 1907. Such actions remain within the exclusive jurisdiction of the Court of Session and are incompetent in the Sheriff Court absent express statutory provision to the contrary.

Citation
[1920] ScotLR 179
Parties
Pursuer: James Dunbar & Company; Defender: Scottish County Investment Company, Limited
Jurisdiction
Scotland
Judgment Date
16 January 1920
Procedural Posture
Civil Appeal / Appeal From Sheriff Court to Court of Session Inner House, Second Division
Outcome
appeal dismissed; interlocutor of Sheriff-Substitute affirmed
Legal Topics
Proving the Tenor, Jurisdiction, Sheriff Courts (scotland) Act 1907, Declarator, Nobile Officium
Civil Procedure Scots Law Proving the Tenor Jurisdiction Sheriff Courts (scotland) Act 1907 Declarator Nobile Officium

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Parties

James Dunbar & Company

Pursuer

Scottish County Investment Company, Limited

Defender

Procedural Posture

Civil Appeal / Appeal From Sheriff Court to Court of Session Inner House, Second Division

Legal Issues

  1. 1 Whether an action of proving the tenor is competent in the Sheriff Court under the Sheriff Courts (Scotland) Act 1907, section 5(1)
  2. 2 Whether an action of proving the tenor is an action of declarator for the purposes of statutory jurisdiction extension

Ratio Decidendi

An action of proving the tenor is not an action of declarator within the meaning of section 5(1) of the Sheriff Courts (Scotland) Act 1907. Such actions remain within the exclusive jurisdiction of the Court of Session and are incompetent in the Sheriff Court absent express statutory provision to the contrary.

Court Disposition

appeal dismissed; interlocutor of Sheriff-Substitute affirmed

Orders

  • Action dismissed as incompetent in the Sheriff Court
  • Sheriff Court has no jurisdiction over actions of proving the tenor