Category: Scotland

Baberton Development Syndicate, Ltd, Petitioners: SCS 23 Feb 1898

Court of Session Inner House First Division – It is competent for the Court in pronouncing an order for the winding up of a company having its registered office in Scotland, to appoint a liquidator residing outwith its jurisdiction, but it is not the general practice to make such an appointment unless valid reasons can be shown for doing so.
Application for appointment of liquidator residing outwith jurisdiction refused.

Citations:

[1898] SLR 35 – 499

Links:

Bailii

Jurisdiction:

Scotland

Insolvency

Updated: 17 April 2022; Ref: scu.612164

Park and Others (Owners of ‘Progress’) v Duncan and Sons: SCS 19 Jan 1898

Court of Session Inner House Second Division – By a time charter-party of a steamer at a certain rate of hire per mouth, which did not amount to a demise of the vessel, it was stipulated that the owners should maintain the vessel in a thoroughly efficient state in hull and machinery for the service, and that the charterers should provide and pay for all the coals required. The charter-party contained an indemnity clause providing ‘that the captain, although appointed by the owner, shall be under the orders and directions of the charterers as regards employment, agency, or other arrangement. Bills of lading are to be signed at any rate of freight the charterers or their agents may direct if without prejudice to this charter . . the charterers hereby indemnify the owners from all consequence or liabilities that may arise from the captain doing so.’ It also contained an exceptions clause, excepting accidents of navigation although occasioned by the negligence of the master.
While under the charter-party the vessel, owing to the negligence of the master, sailed from a foreign port with an insufficient supply of coal, and had in consequence to accept salvage services for which the shipowners were found liable. The vessel at the time of her disablement had on board goods belonging to sub-charterers, for which the master had signed bills of lading containing a similar exception of liability for negligence of the master in navigating his vessel. The sub-charterers having refused to pay any part of the loss, the shipowners brought an action of relief for the part of the salvage expenses, effeiring to cargo, against the time charterers, founding (1) upon the indemnity clause, in respect that their liability arose from the captain having signed bills of lading in obedience to the instructions of the time charterers; and also (2) upon the exceptions clause in the time charter. Held ( diss. Lord Young) that as regards the duty of sailing upon the voyage in a seaworthy condition the master was the servant of the shipowners and not of the charterers, and that the former were consequently liable for the whole loss caused by his neglect of this duty, and were not entitled to relief.
Question- Whether an indemnity clause in such terms imports anything more than a right to relief in the event of bills of lading being signed for a freight or freights which would amount to less than the stipulated hire.

Judges:

Lord Low, Ordinary

Citations:

[1898] SLR 35 – 378

Links:

Bailii

Jurisdiction:

Scotland

Transport

Updated: 17 April 2022; Ref: scu.612160

Scottish Co-Operative Wholesale Society, Ltd v Glasgow Fleshers’ Trade Defence Association and Others: SCS 14 Jan 1898

Court of Session Outer House – If A Informs B that he will not deal with him unless he cease to deal with C, and C thereby loses the custom of B, C has no action against A, although he may, in fact, have suffered loss through his interference.
An auctioneer is entitled, on giving due notice, to refuse the bids of any individual or class of persons.
An association of the butchers in a particular locality intimated to the cattle salesmen in a particular market that they would not in future bid at the auction sales in that market unless the salesmen declined to receive bids made by the co-operative stores. In consequence the salesmen inserted a notice in their conditions of group to the effect that they would not accept bids from anyone representing the co-operative stores, and, in pursuance of such notice, refused such bids. The market in question was held on a public wharf, where anyone was entitled to transact business or to act as salesman, but it was for the time being the only place in Scotland licensed for the landing of American and Canadian cattle. The co-operative stores brought an action against the salesmen and against the butchers, concluding against the salesmen for interdict against the insertion of the condition above referred to in their articles of group, and against the butchers for damages for the loss which they alleged they had sustained through the action of these defenders in inducing the salesmen not to sell to them. Held ( per Lord Kincairney) (1) that it was competent to sue both sets of defenders in the same action; but (2) that the action was irrelevant, in respect ( a) that the salesmen were entitled to insert the conditions of sale complained of; and ( b) that the butchers were not liable for damages for inducing the salesmen to do an act in itself lawful by means which they were entitled to adopt.

Judges:

Lord Kincairney

Citations:

[1898] SLR 35 – 645

Links:

Bailii

Jurisdiction:

Scotland

Scotland

Updated: 17 April 2022; Ref: scu.612161

Waddell and Others (Trustees for The General Property Investment Co, Ltd) v Campbell: SCS 21 Jan 1898

Court of Session Inner House First Division – A Feucontract provided that the vassal should be obliged to build tenements of a certain kind on the land feued, and that such tenements should be covered with blue Scotch slates.
In a note of suspension and interdict presented by the superior to have the vassal interdicted from covering the tenements with slates of another kind, the vassal averred that the slates he was using were better in quality and dearer in price than blue Scotch slates, and pleaded that the superior had no interest to insist in the interdict.
Held (aff. judgment of Lord Pearson) that the superior was entitled to enforce the condition as to slates in the feucontract.

Judges:

Lord Pearson, Ordinary

Citations:

[1898] SLR 35 – 351

Links:

Bailii

Jurisdiction:

Scotland

Land

Updated: 17 April 2022; Ref: scu.612162