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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  














Jurisdiction - From: 1200 To: 1799

This page lists 10 cases, and was prepared on 02 April 2018.

 
The King v The Bailies of Haddington [1500] Mor 7318
5 Dec 1500
SCS

Scotland, Jurisdiction
Ony persoun beand accusit criminallie befoir the judge criminal, the saidis Lordis (of Session) are judgeis competent to cognosce and tak inquisitioun, quhidder the samin judge hes procedit ordourlie or not, in sic thingis as concernis thair office in leiding and deducing of the proces: And gif he be fund culpabill, or convict to have unordourlie or unjustly procedit, thay may de decern him to be punist thairfoir, and als reduce the proces led, done, and pronuncit be him. And gif the Judge, in ony actioun of blude, as is persewit of foirthocht felone committit, takis inquisition, or makis accusatioun, of troublance, and makis the persounis committaris of the said blude quyte of the troublance, intending thairby, in defraud of justice, to mak thame quyte of the blude, and foirthocht felonie, in sa far as he may, the saidis Lordis may likewayis cognosce thairupon.
[ Bailii ]
 
The Bishop of Aberdeen v John Ogilvie [1563] Mor 7324
3 Jul 1563
SCS

Scotland, Jurisdiction
The Lordis of Sessioun allanerlie, and na uther judge, ar jugeis competent to actiounis of reductioun of infeftmentis, evidentis, or sasines, and of all actiounis of heritage betwix all the liegis of this realme, spiritual or temporal, and to all obligatiounis and contractis followand as accessory thairupon; except special provisioun be maid in the infeftment, that in cais of contraventioun of ony heid or clause contenit thairintil, the maker thairof, and his successouris, sall be jugeis competent, and tak cognitioun thairanent.
[ Bailii ]
 
Charlotta, Marchioness Dowager of Annandale v James, Marquis of Annandale, John Baillie, Francis Holliday; and Many Others, Claiming To Be Creditors of William, Late Marquis of Annandale, Deceased [1724] UKHL Robertson_467; (1724) Robertson 467
21 Mar 1724
HL

Scotland, Jurisdiction
Forum competens - Jurisdiction - The Marchioness of Annandale, residing in England, being appointed executrix for behoof of her children, proves the late Marquis's will in England; various personal creditors of the late Marquis, arrest in the tenants' hands, a jointure payable to the executrix out of the Scots estates: the Court of Session having ordered her to purge the arrestments, before she drew her jointure: the judgment is reversed, and it is ordered that the arrestments be loosed without caution or consignation.
[ Bailii ]
 
The Governor and Company of Undertakers for Raising Thames Water In York Buildings v John Haldane, Esq; [1725] UKHL Robertson_521; (1725) Robertson 521
14 Apr 1725
HL

Jurisdiction
Jurisdiction - The York Buildings Company, which had purchased large estates in Scotland, was liable to be sued in that country, in a personal action relative to a transfer of stock, though such transfer could only be made in London.
[ Bailii ]
 
Burrows v Jemino (1726) 2 Stra 733
1726

Lord King
Litigation Practice, Jurisdiction
A debt or liability arising in any country may be discharged by the laws of that country, and that such a discharge, if it extinguishes the debt or liability, and does not merely interfere with the remedies or course of procedure to enforce it, will be an effectual answer to the claim, not only in the courts of that country, but in every other country.
1 Citers


 
Provost of Edinburgh v Aubery (1754) Amb 236
1754

Lord Hardwicke
Charity, Jurisdiction
The English court declined the jurisdiction for the distribution of a fund of £3,500 bequeathed by the testator to the Provost of Edinburgh to be applied for the maintenance of poor labourers residing in Edinburgh and towns adjacent. He said that that belonged "to another jurisdiction, that is, to some of the courts in Scotland". He ordered the fund to be transferred to such person as the Provost of Edinburgh should appoint.
1 Citers


 
Rex v Cowle (1759) 2 Burr 835
1759


Jurisdiction
The case establishes the English High Court's jurisdiction to grant prerogative writs against the Crown's servants whether in Great Britain or overseas provided the subject matter of the application arises in relation to the territory of the Crown.
1 Citers


 
Robinson v Bland (1760) 2 Burr 1077
1760

Wilmot J
International, Jurisdiction, Contract
The plaintiff brought an action on a bill of exchange given in Paris in payment of gaming debts. By English law the debt was unenforceable but the plaintiff alleged that in France the debt could be enforced in a Court of Honour. Held: Wilmot J: "I cannot help thinking, that where a person appeals to the law of England, he must take his remedy according to the law of England, to which he has appealed."
1 Citers


 
George Haldane, Esq of Gleneagles v The Hon John Elphinston of Cumbernauld, Assignee of The Now Deceased Geo Keith, Late Earl Marischall [1780] UKHL 2_Paton_546; (1780) 2 Paton 546
11 Apr 1780
HL

Jurisdiction
Jurisdiction - Res Judicata - Interest.-
A claim was preferred to the Barons of Exchequor, acting under a particular act of Parliament, and the amount of the claim adjusted, but the Barons disallowed interest thereon: An appeal was taken to the House of Lords, and dismissed as incompetent: In a new action brought before the Court of Session, held that it was competent to the Court to entertain the question, and objection to the competency repelled; and decerned for the amount of the claims, but without interest. Affirmed on appeal.
[ Bailii ]
 
Ballantine v Golding (1784) Cooke's Bankrupt Laws 419
1784

Lord Mansfield
Insolvency, Jurisdiction, Litigation Practice

1 Citers


 
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