Sinclair v. The Glasgow and London Contract Corporation, Ltd [1904] ScotLR 41_608 (15 June 1904)

A limited company defending an action does not become a 'pursuer in legal proceeding' within the meaning of section 69 of the Companies Act 1862 merely by reclaiming (appealing) against a judgment; therefore, the company is not liable to provide security for costs under that section in such circumstances.

Citation: [1904] ScotLR 41_608
Parties: Pursuer/respondent: Sir John George Tollemache Sinclair; Defender/reclaimer: The Glasgow and London Contract Corporation, Limited
Jurisdiction: Scotland
Judgment Date: 15 June 1904
Procedural Posture: Civil / Reclaiming Motion (appeal)
Outcome: prayer of the note refused
Legal Topics: Security for Costs, Limited Company Litigation, Companies Act 1862 Section 69, Reclaiming Motions

Company Law Civil Procedure Security for Costs Limited Company Litigation Companies Act 1862 Section 69 Reclaiming Motions

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Parties

Sir John George Tollemache Sinclair

Pursuer/respondent

The Glasgow and London Contract Corporation, Limited

Defender/reclaimer

Procedural Posture

Civil / Reclaiming Motion (appeal)

Legal Issues

1 Whether a limited company, as defender reclaiming against a judgment, becomes a 'pursuer in legal proceeding' under section 69 of the Companies Act 1862 and thus liable to provide security for costs.

Ratio Decidendi

Court Disposition

prayer of the note refused

Orders

Refused to require the reclaimers to provide security for costs as a condition of proceeding with the reclaiming-note.