Ross v Gosselin's Exrs [1926] ScotCS CSIH_1 (29 January 1926)

Ross v Gosselin's Exrs [1926] ScotCS CSIH_1 (29 January 1926)

The court held that the pursuer's averments, though weak on facility and circumvention, predominantly allege undue influence by the defender in his professional capacity as law-agent. As such, the case is more appropriately investigated by proof before a judge rather than by jury trial. The Lord Ordinary's interlocutor allowing jury trial was reversed, and the case remitted for proof.

Citation
[1926] ScotCS CSIH_1
Parties
Pursuer: Ross; Defender: Gosselin's Executors
Jurisdiction
Scotland
Judgment Date
29 January 1926
Procedural Posture
Civil / Appeal on Procedural Interlocutor
Outcome
Lord Ordinary's interlocutor reversed; case remitted for proof.
Legal Topics
Reduction of Testamentary Documents, Undue Influence, Facility and Circumvention, Mode of Inquiry (proof Vs Jury Trial)
Succession Law Property Law Trusts and Estates Reduction of Testamentary Documents Undue Influence Facility and Circumvention Mode of Inquiry (proof Vs Jury Trial)

Case Brief

Summary, issues, holding and outcome

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Parties

Ross

Pursuer

Gosselin's Executors

Defender

Procedural Posture

Civil / Appeal on Procedural Interlocutor

Legal Issues

  1. 1 Whether the pursuer's averments disclose a relevant case of facility and circumvention apart from undue influence
  2. 2 Whether the appropriate mode of inquiry is proof or jury trial given the nature of the allegations

Ratio Decidendi

The court held that the pursuer's averments, though weak on facility and circumvention, predominantly allege undue influence by the defender in his professional capacity as law-agent. As such, the case is more appropriately investigated by proof before a judge rather than by jury trial. The Lord Ordinary's interlocutor allowing jury trial was reversed, and the case remitted for proof.

Court Disposition

Lord Ordinary's interlocutor reversed; case remitted for proof.

Orders

  • Recall of Lord Ordinary's allowance of jury trial issue.
  • Remit to Lord Ordinary to order proof.