Mackay v. Mackay [1913] ScotLR 200 (19 December 1913)

An assignee of copyright from testamentary trustees has title to sue for infringement even if the trustees had not confirmed at the time of assignation, provided confirmation is subsequently expede before decree is extracted; confirmation retroactively cures the defect in title.

Citation: [1913] ScotLR 200
Parties: Pursuer: Eneas Mackay; Defender: Mrs Annie Sharp or Mackay
Jurisdiction: Scotland
Judgment Date: 19 December 1913
Procedural Posture: Civil / Appeal From Lord Ordinary's Dismissal
Outcome: Interlocutor of Lord Ordinary recalled; first plea-in-law for defender repelled; case remitted to Lord Ordinary to proceed.
Legal Topics: Title to Sue, Confirmation of Executors, Assignation of Copyright, Retroactive Effect of Confirmation

Succession Law Intellectual Property Law Civil Procedure Title to Sue Confirmation of Executors Assignation of Copyright Retroactive Effect of Confirmation

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Parties

Eneas Mackay

Pursuer

Mrs Annie Sharp or Mackay

Defender

Procedural Posture

Civil / Appeal From Lord Ordinary's Dismissal

Legal Issues

1 Whether an assignee of copyright from unconfirmed executors has title to sue for infringement before confirmation is expede
2 Whether subsequent confirmation by executors retroactively validates an assignation of copyright

Ratio Decidendi

Court Disposition

Interlocutor of Lord Ordinary recalled; first plea-in-law for defender repelled; case remitted to Lord Ordinary to proceed.

Orders

Recall of Lord Ordinary's interlocutor dismissing the action
Repel first plea-in-law for defender (no title to sue)