Cant v Pirnie's Trustees
| Jurisdiction | Scotland |
| Judgment Date | 20 July 1906 |
| Date | 20 July 1906 |
| Docket Number | No. 167. |
| Court | Court of Session |
Lord Justice-Clerk, Lord Kyllachy, Lord Stormonth-Darling, Lord Low.
Poor's-Roll—Application for admission—Right of opposing party to see precognitions submitted to the reporters by applicant.—
The reporters on the probabilis causa litigandi are bound to shew a party opposing an application for the benefit of the poor's-roll any precognitions which they may have obtained from the applicant, in so far as such precognitions contain statements of fact; but the reporters have a discretion to withhold the names and addresses of the applicant's witnesses.
The Act of Sederunt of 21st December 1842 contains regulations as to the admission of applicants for the benefit of the poor's-roll.*
Mrs Cant presented an application for the benefit of the poor's-roll in order to prosecute an action against Pirnie's Trustees for reduction of a trust-disposition and settlement.
On 4th July 1906 the application was remitted to the reporters on the probabilis causa litigandi, who on 13th July 1906 reported as follows:—‘We, the reporters on the probabilis causa litigandi of applicants for the benefit of the poor's-roll, having, in virtue of the preceding remit, considered the application, beg humbly to report that in our opinion the applicant has not a probabilis causa litigandi.’†
Thereafter Mrs Cant presented a note to the Lord Justice-Clerk, in which she submitted ‘that the reporters, if they called for precognitions, were either bound or entitled to consider the same although their tender was subject to the condition that the defenders should
not see them. In refusing to consider the said precognitions as aforesaid the reporters were not acting in accordance with the provisions of the said Act of Sederunt.’
She therefore prayed the Lord Justice-Clerk ‘to move the Court of new to remit the case to the reporters to inquire and report whether the applicant has a probabilis causa litigandi, and otherwise merits the benefit of the poor's-roll.’
When the note appeared in the Single Bills, counsel for Mrs Cant was heard in support of her application.
Counsel for the objectors, Pirnie's Trustees, was not called upon.
Lord Justice-Clerk.—It seems to be the established practice for the reporters on the probabilis causa in cases where questions of fact are involved, to ask for the applicant's precognitions in order to determine whether or not the applicant has a prima facie good case, and also to shew such...
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