Appeal – Competency – 6 Geo. IV. c. 120, sec. 40 – Findings in Fact
Terms of an interlocutor which were held to import a judgment upon a matter of fact, and consequently under the Judicature Act not to be capable of being carried by appeal to the House of Lords.
Opinion (per Lord Watson) that parties are not entitled to ask the House of Lords as a matter of right to send a case back to be heard again in the Court of Session on the ground that they did not at the former hearing there insist on facts on which it was then open to them to have insisted.
Judges:
Lords Penzance, Blackburn, and Watson
Citations:
[1881] UKHL 577, EAT 08:19 11/05/2019 – 15
Links:
Jurisdiction:
Scotland
Litigation Practice
Updated: 30 June 2022; Ref: scu.636800