Scottish Court of Session Decisions

Subject_1Process
Subject_2Interlocutor
Subject_3Correction.
Facts:

In a Special Case under the Educational Endowments (Scotland) Act 1882, the Court pronounced an interlocutor answering the question of law as originally stated in the case. An alteration, however, was made in the question, it being matter of doubt whether this alteration was formally placed on the record before or after the said interlocutor was pronounced. The effect was that the interlocutor was at variance with the opinions of the Court.

A note was then presented to the Court by the Educational Endowment Commissioners to have the interlocutor corrected. Authorities— Cuthill v. Burns, March 20, 1862, 24 D. 849; Harvey v. Lindsay, July 20, 1875, 2 R. 980; Forrest's Trustee, March 18, 1884, 11 R. 719; Moncrieff v. Police Commissioners of Perth, June 4, 1886, 13 R. 927. There was no opposition. Observed that in the ordinary case the course adopted is either that the parties consent to the alteration, or that there is a formal appeal to the House of Lords in order to get the alteration made; but held that as under the terms of the said statute an appeal to the House of Lords was incompetent, and as there was no question as to what the decision in the case was, the Court should make the correction. Interlocutor corrected accordingly.

The interlocutor as corrected was as follows:—“Find and declare that the scheme complained of is not, in respect of any of the objections maintained by the first and second parties in the particulars mentioned in the case, beyond the scope of or disconform to the provisions of the Educational Endowments (Scotland) Act 1882, and is not contrary to law.”