M’Cuaig v M’Cuaig: SCS 5 Jan 1909

Lord President Dunedin observed: ‘The true test of whether a party is or is not dominus litis is probably whether he has or has not the power to compromise the action.’ and: ‘ . . the true interest in the cause, and by true interest I mean the entire interest, using that term not in the absolute sense, but as denoting the whole interest for all practical purposes.’


Lord President Dunedin


[1909] SLR 287, 1909 SC 355





Cited by:

CitedTravelers Insurance Company Ltd v XYZ SC 30-Oct-2019
Challenge to the making of a non-party costs order under section 51 of the Senior Courts Act 1981 against the product liability insurer of one of the defendants in litigation being managed under a Group Litigation Order (‘GLO’). Many of the . .
Lists of cited by and citing cases may be incomplete.

Costs, Litigation Practice

Updated: 04 May 2022; Ref: scu.610884