Freely Available British and Irish Public Legal Information
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Gowans v. Adams [1907] ScotLR 25 (25 October 1907)
URL: http://www.bailii.org/scot/cases/ScotCS/1907/45SLR0025.html
Cite as: [1907] ScotLR 25, [1907] SLR 25
[New search] [Printable PDF version] [Help]
SCOTTISH_SLR_Court_of_Session
Page: 25↓
Court of Session Inner House First Division.
v.
Facts:
Where an agent has ceased to act for a party to a cause, it is his duty to furnish the opposite party's agent with his former client's address.
In an action at the instance of Gowans, a trustee on a bankrupt estate, for a balance alleged to be due on certain Stock Exchange transactions, the Lord Ordinary granted decree as craved.
The defenders, Mr and Mrs Adam, reclaimed.
On the case being called in the short roll on 23rd October, counsel for the respondent alone appeared. He stated that his agents had received intimation from the agents who had hitherto acted for the reclaimers that they no longer represented them, but that they had, however, intimated to their former clients that the case had been put out for hearing. He further stated that his agents had asked to be furnished with the reclaimers' address, but it had not been supplied, and that consequently his agents had been unable to give any intimation to the opposite party.
The Court (the
On 25th October the reclaimers' former agents appeared by counsel, when the
His Lordship added:—I only wish to add that I should like it clearly understood by agents practising in the Court, that in every case in which they cease to act for a party it is their duty to furnish the agent for the opposite party with the address of their former client, if it is known to them, so as to enable that party to move the Court to proceed if further attendance is not made. For the Court will not deal with the case as if all parties had been properly convened when no appearance is made for one of the parties, and the Court is told that the only intimation he has received of the hearing is intimation from his former agents; the intimation must be given to him by his opponent.
[Intimation having been duly given to the reclaimers, and no appearance being made, the Court on 30th October refused the reclaiming note with expenses.]
Counsel for Respondent— M. Wilson. Agents— Fraser & Davidson, W.S.
Counsel for the former Agents of the Reclaimers— Orr, K.C.— R. Macaulay Smith. Agents— Clark & Macdonald, S.S.C.