Watson v. Burroughes & Watts, Ltd [1910] ScotLR 638 (27 May 1910)

Watson v. Burroughes & Watts, Ltd [1910] ScotLR 638 (27 May 1910)

Section 18 of the Judicature Act 1825 is directory, not imperative; since respondents suffered no prejudice from late service, the reclaiming note may proceed, subject to payment of expenses for the procedural fault.

Citation
[1910] ScotLR 638
Parties
Defender (reclaimer): James Watson; Pursuer (respondent): Burroughes & Watts, Limited
Jurisdiction
Scotland
Judgment Date
27 May 1910
Procedural Posture
Civil Appeal (reclaiming Note) / Review of Procedural Compliance With Reclaiming Note Service
Outcome
Reclaiming note allowed to proceed; respondents awarded expenses.
Legal Topics
Reclaiming Note, Service of Process, Statutory Interpretation, Expenses
Civil Procedure Reclaiming Note Service of Process Statutory Interpretation Expenses

Case Brief

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Parties

James Watson

Defender (reclaimer)

Burroughes & Watts, Limited

Pursuer (respondent)

Procedural Posture

Civil Appeal (reclaiming Note) / Review of Procedural Compliance With Reclaiming Note Service

Legal Issues

  1. 1 Whether failure to serve copies of reclaiming note on respondents' agents before the case was called is fatal to the reclaiming note under section 18 of the Judicature Act 1825
  2. 2 Whether section 18 of the Judicature Act 1825 is directory or imperative

Ratio Decidendi

Section 18 of the Judicature Act 1825 is directory, not imperative; since respondents suffered no prejudice from late service, the reclaiming note may proceed, subject to payment of expenses for the procedural fault.

Court Disposition

Reclaiming note allowed to proceed; respondents awarded expenses.

Orders

  • Case to continue in the roll.
  • Respondents awarded two guineas of expenses due to fault of reclaimer's agents.