Scottish Court of Session Decisions

At advising—

Lord President—I do not think this question admits of any doubt. I give full effect to the fact that this case was transferred from the Small-Debt Court to the ordinary roll of the Sheriff Court, and I deal with it as if it had been originally raised there. But by the terms of the Sheriff Court Act no appeal is competent to this Court in any case the value of which is a sum under £25. Now, we arrive at the value of a cause by the conclusions of the summons; and the value in this case is only £12. But then it is argued for the appellant that the decree appealed against involves a further and continuing liability, and that the value of the case is therefore above the sum required for this appeal, and if he could have made this out there might have been some foundation for the argument. But I see no ground whatever for this view. When the assessment complained of has been paid it does not appear, or at least it is not a necessary result, that the appellant will ever have a further liability under the statute by which it is imposed, and if he had any such fear his proper remedy would be in the form of a declarator. I think we must refuse this appeal as incompetent.

Lords Deas and Mure concurred.

Lord Shand concurred, and expressed his opinion that the conclusions of the summons having been restricted by the pursuer for the express purpose of bringing the cause within the Small-Debt Court, this Court would not afterwards entertain it on the footing that it represented a larger value than £12, or inquire into the question whether or not a further liability was involved.