Gairdner v. Macarthur [1916] UKHL 297 (01 March 1916)

Gairdner v. Macarthur [1916] UKHL 297 (01 March 1916)

An appeal to the House of Lords on facts set up after additional proof allowed by the Court of Session on appeal from the Sheriff Court is incompetent, as such findings of fact are final and conclusive under the Court of Session Act 1825, sec. 40.

Source-derived case information.

Citation
[1916] UKHL 297
Parties
Respondent: Gairdner; Appellant: Captain A. J. Macarthur
Jurisdiction
United Kingdom
Judgment Date
01 March 1916
Procedural Posture
Civil Appeal / Appeal to House of Lords From Interlocutor of Court of Session
Outcome
Appeal dismissed as incompetent
Legal Topics
Appeal Competency, Review of Facts, Court of Session Act 1825
Civil Procedure Appeal Competency Review of Facts Court of Session Act 1825

Source-derived case record

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Parties

Gairdner

Respondent

Captain A. J. Macarthur

Appellant

Procedural Posture

Civil Appeal / Appeal to House of Lords From Interlocutor of Court of Session

Legal Issues

  1. 1 Whether an appeal to the House of Lords is competent on facts established after additional proof allowed by the Court of Session on appeal from the Sheriff Court

Ratio Decidendi

An appeal to the House of Lords on facts set up after additional proof allowed by the Court of Session on appeal from the Sheriff Court is incompetent, as such findings of fact are final and conclusive under the Court of Session Act 1825, sec. 40.

Court Disposition

Appeal dismissed as incompetent

Orders

  • Appeal dismissed