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Civil procedure [2018] ScotCS CSIH_11

COONEY, PETITION TO THE NOBILE OFFICIUM BY AGAINST THE SHERIFF CLERK, GLASGOW AND GLASGOW CITY COUNCIL

COONEY, PETITION TO THE NOBILE OFFICIUM BY AGAINST THE SHERIFF CLERK, GLASGOW AND GLASGOW CITY COUNCIL [2018] ScotCS CSIH_11 (20 February 2018)

The Inner House refused a petition to the nobile officium, holding there was no incompetence in returning a writ and advising on caution and summary application procedure.

  • Summary suspension
  • Caution
  • Council tax
  • Earnings arrestment
  • Nobile-officium
  • Summary-suspension
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Civil procedure [2011] ScotSC 138

JOHN COWIE v. LUIGI AND RITA MARTALO

JOHN COWIE v. LUIGI AND RITA MARTALO [2011] ScotSC 138 (24 August 2011)

The Sheriff Principal allowed an appeal, holding that interim interdict in a charge-suspension case was incompetent because caution had not been considered.

  • Suspension of charge
  • Interim interdict
  • Diligence
  • Requirement for caution
  • Competency of interlocutor
  • Interim-interdict
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Contract law [2011] ScotCS CSIH_11

Aikman v Bond

Aikman v Bond [2011] ScotCS CSIH_11 (11 February 2011)

The Inner House refused a defender’s civil appeal over damages for failure to implement missives, holding that only a narrow quantum defence was arguable and procedural defaults justified refusal.

  • Damages for breach of contract
  • Missives of sale
  • Order for caution
  • Appeal procedure
  • Legal aid
  • Breach-of-contract
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Administrative law [1923] ScotLR 39

Fergusson Buchanan v. Dumbarton County Council

Fergusson Buchanan v. Dumbarton County Council [1923] ScotLR 39 (14 November 1923)

The Court of Session refused interim interdict against a county council’s road works, but only on condition that the council found caution for any damages proved.

  • Interim interdict
  • Public authority powers
  • Compulsory acquisition
  • Relief works
  • Balance of convenience
  • Interim-interdict
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Civil procedure [1922] ScotLR 99

M'Carroll v. Blackwood

M'Carroll v. Blackwood [1922] ScotLR 99 (10 November 1922)

The Court of Session held that suspension of charges could be used to maintain the status quo pending a fraud-based reduction action, and it dispensed with caution.

  • Suspension of charge
  • Competency of suspension
  • Reduction of decree
  • Fraud on the court
  • Caution requirement
  • Civil-procedure
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Bankruptcy [1914] ScotLR 613

Scott v. Nicol

Scott v. Nicol [1914] ScotLR 613 (26 May 1914)

The Court of Session held that a bankrupt seeking discharge should not generally be required to find caution before answering objections to the discharge.

  • Petition for discharge
  • Requirement to find caution
  • Court discretion
  • Expenses
  • Bankruptcy
  • Discharge-petition
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Civil procedure [1913] ScotLR 308

Cumming v. Hendry

Cumming v. Hendry [1913] ScotLR 308 (07 January 1913)

The Court of Session held that a conditional offer to find caution did not bar a reclaiming note challenging the need for caution.

  • Suspension
  • Caution
  • Personal bar
  • Competency of reclaiming note
  • Civil-procedure
  • Personal-bar
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Trusts [1907] ScotLR 843

Turnbull v. Turnbull's Trustee

Turnbull v. Turnbull's Trustee [1907] ScotLR 843 (11 July 1907)

The Court of Session allowed a proof before answer on whether a trust estate could be paid out to a daughter who offered caution against future children being born.

  • Denuding
  • Presumption as to childbearing
  • Anticipation of period of payment
  • Finding caution
  • Intestate succession
  • Trusts
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Company law [1906] ScotLR 44_144

W. & J. C. Pollok v. The Gaeta Pioneer Mining Co., Ltd

W. & J. C. Pollok v. The Gaeta Pioneer Mining Co., Ltd [1906] ScotLR 44_144 (01 December 1906)

The court refused a company winding-up petition because the creditor’s debt was disputed on bona fide grounds and the company offered caution for the amount.

  • Winding-up
  • Creditor's petition
  • Disputed debt
  • Companies act 1862
  • Offer of caution
  • Company-law
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Civil procedure [1900] ScotLR 37_300

Wilson v. Gilchrist

Wilson v. Gilchrist [1900] ScotLR 37_300 (17 January 1900)

The Court of Session held that an interdict granted on condition of finding caution does not operate until caution is found, so no damages lay for voluntary compliance.

  • Interdict
  • Damages
  • Conditional orders
  • Landlord and tenant
  • Caution
  • Landlord-tenant
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About this LexChat collection

Scotland decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.