M'Athey v. The Patriotic Investment Society Ltd [1910] ScotLR 314 (20 January 1910)

M'Athey v. The Patriotic Investment Society Ltd [1910] ScotLR 314 (20 January 1910)

A settlement by joint-minute, properly authenticated by the parties or their agents, is binding from the date of signature and cannot be unilaterally withdrawn before the court interpones authority; the absence of court authority does not create a locus poenitentiae for withdrawal.

Citation
[1910] ScotLR 314
Parties
Pursuer/respondent: Thomas Hunter M'Athey; Defender/appellant: The Patriotic Investment Society Limited
Jurisdiction
Scotland
Judgment Date
20 January 1910
Procedural Posture
Civil Appeal / Appeal From Sheriff Principal to Court of Session Inner House
Outcome
appeal refused
Legal Topics
Settlement Agreements, Joint Minute, Locus Poenitentiae, Authority of Court
Civil Procedure Contract Law Settlement Agreements Joint Minute Locus Poenitentiae Authority of Court

Case Brief

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Parties

Thomas Hunter M'Athey

Pursuer/respondent

The Patriotic Investment Society Limited

Defender/appellant

Procedural Posture

Civil Appeal / Appeal From Sheriff Principal to Court of Session Inner House

Legal Issues

  1. 1 Whether a joint-minute of settlement, signed by parties or their agents, is binding before the court interpones authority
  2. 2 Whether parties can withdraw from a signed joint-minute before court authority is interponed

Ratio Decidendi

A settlement by joint-minute, properly authenticated by the parties or their agents, is binding from the date of signature and cannot be unilaterally withdrawn before the court interpones authority; the absence of court authority does not create a locus poenitentiae for withdrawal.

Court Disposition

appeal refused

Orders

  • The appeal is refused.