McWilliams v Sir William Arrol & Company Ltd

Parliamentary Archives,
HL/PO/JU/4/3/1100

Die Mercurii, 21° Februarii 1962

After hearing Counsel, as well on Monday the 15th,
as on Tuesday the 16th, days of January last, upon the
Petition and Appeal of Mrs. Janet Wood Cummings or
McWilliams, residing at 11 Rayne Place, Drumchapel,
Glasgow, W.5, widow of the deceased William Francis
McWilliams, steel erector, as an individual and as
tutrix and administratrix in law of the pupil children
aftermentioned: William Duncan McWilliams, Janette
Cummings McWilliams, Marion McWilliams and
Kenneth McWilliams, all residing with her at 11 Rayne
Place, aforesaid, praying, That the matter of the Inter-
locutors set forth in the Schedule thereto, namely, an
Interlocutor of the Lord Ordinary in Scotland (Lord
Guest), of the 15th of January 1960 and also an Inter-
locutor of the Lords of Session there of the First Division,
of the 17th of February 1961, might be reviewed before
Her Majesty the Queen, in Her Court of Parliament,
and that the said Interlocutors 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 Sir William Arrol & Company Limited ;
and also upon the Case of Lithgows Limited, lodged in
answer to the said Appeal; and Counsel appearing for
the Respondents, but not being called upon; and due
consideration being had this day of what was offered
for the said Appellant:

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 Interlocutors, of the
15th day of January 1960 and of the 17th day of February
1961, complained of in the said Appeal, be, and the same
are hereby, Affirmed, and that the said Petition and
Appeal be, and the same is hereby, dismissed this House:
And it is further Ordered, That the Appellant do pay,
or cause' to be paid, to the said Respondents the Costs
incurred by them in respect of the said Appeal, provided
that such last-mentioned Order shall not be enforced
without a further Order of this House.

McWilliams (Widow, as an individual and as tutrix and admini- stratrix in law of the pupil children William Duncan McWilliams and others) (A.P.) v. Sir William Arrol & Company Limited and others.

HOUSE OF LORDS

McWILLIAMS (Widow, as an individual and as tutrix and administrate
in law of the pupil children William Duncan McWilliams and others)
(A.P.)

v.

SIR WILLIAM ARROL & COMPANY LIMITED and others

21st February, 1962

The Lord Chancellor

Lord Chancellor
Viscount Simonds
Lord Reid
Lord Morris of Borth-y-Gest
Lord Devlin

My Lords,

This is an appeal against an interlocutor of the First Division of the Court
of Session in Scotland dated 17th February, 1961, adhering to the interlocutor
of the Lord Ordinary dated 15th January, 1960, in an action for damages
raised by the Appellant as pursuer against the Respondents as defenders
in…