Forsyth v A F Stoddard and Company Ltd
| Jurisdiction | Scotland |
| Date | 1985 |
| Year | 1985 |
| Court | Court of Session (Inner House - Second Division) |
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47 cases
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Betty Sophia Smith Ferguson And Others Against J & A Lawson (joiners) Limited
...gave the Lord Ordinary an “unfettered discretion” (Donald v Rutherford at page 75). As was recognised in Forsyth v A F Stoddard & Co Ltd 1985 SLT 51 at page 3, the test in the appeal court was not primo loco whether the appeal court thought it equitable that the action be allowed to proceed......
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M.p. V. Sister Zoe O'neill And Others
...individual cases. The onus was on the pursuer to establish that the discretion should be exercised in her favour: Forsyth v A F Stoddart 1985 SLT 51, Elliott v J C Finney 1989 SLT 605. [85] Under reference to the Opinion of Lord Ross in Carson v Howard Doris Limited 1981 SC 278 at 282, he s......
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A.s. Or B.+d.m.+j.p. Or W. V. Sister Bernard Mary Murray And Others+sister Bernard Mary Murray And Others+sister Bernard Mary Murray And Others
...conduct of a pursuer's solicitor, for which the pursuer must take the consequences, may be relevant (Forsyth v A.F. Stoddard and Co. Ltd 1985 SLT 51). Fourthly, further relevant factors which the court may take into account include the conduct of the pursuer since the accident (or other eve......
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Desmond Mccaffery (ap) V. Greater Glasgow Health Board
...to the decision of Lord Cowie in Whyte v Walker 1983 S.L.T.441 and the decision of the Second Division in Forsyth v A F Stoddard & Co Ltd 1985 S.L.T.51. It was an astonishing proposition, and inconsistent with authority, that if the pursuer had done what it was reasonably practicable for hi......
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