Scottish Court of Session Decisions

Issues were adjusted for the trial of this action of damages for defamation on 18th July last—the last day of the summer session. The defenders on 31st July gave notice of trial for the Christmas sittings. When the Court met yesterday the pursuer moved the Lord Ordinary to fix a day of trial before himself on some day within three weeks, in terms of section 40 of the Court of Session Act. This motion was opposed by the defenders on the ground that the trial would be a long one, and that it was inconvenient for all parties that it should take place during the session. They also founded on the fact that they had obtained the lead by the notice of trial which they had given. To this the pursuer answered that she had no opportunity of making her present motion last session, and she had made it on the very first day of this session.