McCutcheon v David MacBrayne Ltd

Parliamentary Archives,
HL/PO/JU/4/3/1121

Die Martis, 21° Januarii 1964

Upon Report from the Appellate Committee, to whom
was referred the Cause McCutcheon against David
MacBrayne Limited, that the Committee had heard
Counsel as well on Monday the 2d, as on Tuesday the
3d days of December last, upon the Petition and Appeal
of Alexander McCutcheon (Assisted Person), residing
at Laggan Farm, Bowmore, Islay, praying, That the
matter of the Interlocutor set forth in the Schedule
thereto, namely, an Interlocutor of the Lords of Session
in Scotland, of the Second Division of the 7th of Novem-
ber 1962, might be reviewed before Her Majesty the
Queen, in Her Court of Parliament, and that the said
Interlocutor might be reversed, varied or altered, or
that the Petitioner might have such other relief in the
premises as to Her Majesty the Queen, in Her Court
of Parliament might seem meet; as also upon the Case
of David MacBrayne Limited, lodged in answer to the
said Appeal; and due consideration had this day of what
was offered on either side in this Cause :

It is Ordered and Adjudged, by the Lords Spiritual
and Temporal in the Court of Parliament of Her Majesty
the Queen assembled, That the said Interlocutor of the
7th day of November 1962, complained of in the said
Appeal, be, and the same is hereby, Recalled, and that
the Interlocutor of the Lord Ordinary of the 23d day of
March 1962, thereby Recalled, be, and the same is
hereby, Restored: And it is further Ordered, That the
said Cause be, and the same is hereby, remitted back
to the Court of Session in Scotland to proceed as
accords: And it is further Ordered, That the Respon-
dents do pay, or cause to be paid, to the said Appellant
the Costs of the Action in the Inner House of the Court
of Session and also the Costs incurred by him in respect
of the said Appeal to this House, the amount of such
last-mentioned Costs to be certified by the Clerk of
the Parliaments: And it is also further Ordered, That
unless the Costs, certified as aforesaid, shall be paid to
the party entitled to the same within one calendar
month from the date of the certificate thereof, the Court
of Session in Scotland, or the Judge acting as Vacation
Judge, shall issue such summary process or diligence for
the recovery of such Costs as shall be lawful and
necessary.

McCutcheon v. David MacBrayne Limited.

(J/31437) Wt. 80205--150 35 2/64 St.S./PA/20

Lord Reid
Lord Hodson
Lord Guest
Lord Devlin
Lord Pearce

HOUSE OF LORDS

McCUTCHEON (A. P.)

v
DAVID MACBRAYNE LIMITED

Lord Reid

My Lords,

The Appellant is a farm grieve in Islay. While on the mainland in
October, 1960, he asked his brother-in-law, Mr. McSporran, a farmer in
Islay, to have his car sent by the Respondents to West Loch Tarbert. Mr.
McSporran took the car to Port Askaig. He found in the Respondents'
office there the purser of their vessel…