Thomson v. The Bent Colliery Co., Ltd [1911] ScotLR 181 (12 December 1911)

Thomson v. The Bent Colliery Co., Ltd [1911] ScotLR 181 (12 December 1911)

The Sheriff has discretion under the 1907 Act to allow or disallow written answers in summary removing proceedings. Where the Sheriff does not order written answers and does not deal with caution, the proceedings remain summary and are not subject to review. The previous practice under the 1838 Act is irrelevant due to repeal and differing statutory language.

Citation
[1911] ScotLR 181
Parties
Complainer (reclaimer): Robert Thomson; Respondent: The Bent Colliery Company, Limited
Jurisdiction
Scotland
Judgment Date
12 December 1911
Procedural Posture
Civil (summary Removing, Suspension and Interdict) / Inner House, First Division, Reclaiming Motion (appeal) From Lord Ordinary
Outcome
reclaiming note refused; decree adhered to
Legal Topics
Summary Removing, Sheriff Court Procedure, Written Answers, Statutory Interpretation, Reviewability of Summary Proceedings
Civil Procedure Landlord and Tenant Law Summary Removing Sheriff Court Procedure Written Answers Statutory Interpretation Reviewability of Summary Proceedings

Case Brief

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Parties

Robert Thomson

Complainer (reclaimer)

The Bent Colliery Company, Limited

Respondent

Procedural Posture

Civil (summary Removing, Suspension and Interdict) / Inner House, First Division, Reclaiming Motion (appeal) From Lord Ordinary

Legal Issues

  1. 1 Whether the Sheriff is obliged to accept written answers in summary removing proceedings under the Sheriff Courts (Scotland) Act 1907
  2. 2 Whether refusal to accept written answers renders the decree subject to review or null

Ratio Decidendi

The Sheriff has discretion under the 1907 Act to allow or disallow written answers in summary removing proceedings. Where the Sheriff does not order written answers and does not deal with caution, the proceedings remain summary and are not subject to review. The previous practice under the 1838 Act is irrelevant due to repeal and differing statutory language.

Court Disposition

reclaiming note refused; decree adhered to

Orders

  • note of suspension refused
  • decree of ejection sustained