Jackson v. Broatch [1900] ScotLR 37_707 (30 May 1900)

Jackson v. Broatch [1900] ScotLR 37_707 (30 May 1900)

Written instructions from a client to a law-agent, accepted in writing, constitute a written obligation to pay for services within the meaning of Act 1579, c. 83, thereby excluding the law-agent's account from the triennial prescription.

Citation
[1900] ScotLR 37_707
Parties
Pursuer: Robert Broatch; Defender: Thomas Jackson
Jurisdiction
Scotland
Judgment Date
30 May 1900
Procedural Posture
Civil / Appeal (reclaiming Motion) From Interlocutor of Lord Ordinary
Outcome
Appeal dismissed; interlocutor of Lord Ordinary adhered to.
Legal Topics
Triennial Prescription, Written Obligation, Law Agent's Account, Act 1579 C. 83
Contract Law Prescription Law Triennial Prescription Written Obligation Law Agent's Account Act 1579 C. 83

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Parties

Robert Broatch

Pursuer

Thomas Jackson

Defender

Procedural Posture

Civil / Appeal (reclaiming Motion) From Interlocutor of Lord Ordinary

Legal Issues

  1. 1 Does a law-agent's account for services, based on written instructions from the client, fall under the triennial prescription or is it excluded as a debt founded on written obligation under Act 1579, c. 83?

Ratio Decidendi

Written instructions from a client to a law-agent, accepted in writing, constitute a written obligation to pay for services within the meaning of Act 1579, c. 83, thereby excluding the law-agent's account from the triennial prescription.

Court Disposition

Appeal dismissed; interlocutor of Lord Ordinary adhered to.

Orders

  • Third plea-in-law for the defender (prescription) repelled.
  • Cause continued for further procedure as necessary.