McGregor (John G) Contractors Ltd v Grampian Regional Council
| Jurisdiction | England & Wales |
| Court | House of Lords |
| Judgment Date | 14 February 1991 |
| Docket Number | No. 1. |
| Date | 14 February 1991 |
HL
Lord Keith of Kinkel, Lord Ackner and Lord Jauncey of Tullichettle.
PracticeAppealArbitrationAppeal to House of Lords from judgment of Inner House in stated case from arbiterCompetencyWhether "opinion" of Inner House in response to stated case "judgment" or "any order or judgment"Appellate Jurisdiction Act 1876 (39 & 40 Vict., cap. 59), sec. 31Administration of Justice (Scotland) Act 1972 (cap. 59), sec. 32Court of Session Act 1988 (cap. 36), sec. 40 (1).3
The contractors and employers in a building contract referred a number of disputes to arbitration. Before the arbiter issued his award he was requested to state a case for the opinion of the Inner House of the Court of Session under sec. 3 (1) of the Administration of Justice (Scotland) Act 1972, which he did. The Inner House answered the questions posed in the stated case and, at the request of the employers, granted leave to appeal to the House of Lords. The contractors thereafter presented a petition to the House of Lords praying that the employers' petition of appeal should be dismissed as being incompetent.
Held that an opinion of the court upon questions of law given upon consideration of a case stated under provisions...
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Malcolm Cole V. Silvermills Estates And Land Limited+ian Henderson
... ... Any further order would be incompetent (Grampian RC v John G McGregor (Contractors) Ltd, 1994 SLT ... ...
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Apollo Engineering Ltd v James Scott Ltd
...as it might have been if the Court of Session had proceeded to answer the questions in the stated case. In John G McGregor (Contractors) Ltd v Grampian Regional Council 1991 SC (HL) 1 it was held that an opinion of the court upon questions of law given on consideration of a case stated und......