Orr Ewing v John Orr Ewing and Co and Orr Ewing’s Trustees: HL 5 Dec 1882

A contract of copartnery provided that in the event of the death of any of the partners the surviving and solvent partners who should continue the business should pay out to the representatives of the deceased the amount at his credit in the books of the firm, by ten biennial instalments, ‘with interest thereon at the rate of 5 per cent. per annum from the date of the balance.’ Held (aff. decision of Second Division, diss. Lord Watson) that at each payment interest must be paid upon the whole balance of the debt then remaining unpaid, and not upon the instalment.
Earl of Selborne LC said: ‘The Courts of Equity in England are, and have always been, courts of conscience, operating in personam and not in rem; and in the exercise of this personal jurisdiction they have always been accustomed to compel the performance of contracts and trusts as to subjects which were not either locally or ratione domicilii within their jurisdiction. They have done so as to land, in Scotland, in Ireland, in the Colonies, in foreign countries . .’
Lord Blackburn, Earl of Selborne LC
[1882] UKHL 240 – 1, 20 SLR 240 – 1
Bailii
Scotland
Cited by:
CitedAkers and Others v Samba Financial Group SC 1-Feb-2017
Saad Investments was a Cayman Islands company in liquidation. The liquidator brought an action here, but the defendant sought a stay saying that another forum was clearly more appropriate. Shares in Saudi banks were said to be held in trust for the . .
CitedLuxe Holding Ltd v Midland Resources Holding Ltd ChD 23-Jul-2010
Midland agreed to sell to Luxe shares in 20 companies, 17 of which were incorporated in Russia or the Ukraine, with the lex situs of the shares in them being also there. Midland defaulted, sold the shares in the Russian and Ukrainian companies . .

These lists may be incomplete.
Updated: 09 February 2021; Ref: scu.637748