Jamieson v Jamieson, 1952 SC (HL) 44
Citation:Jamieson v Jamieson, 1952 SC (HL) 44
Rule of thumb:If there is statute or common law cases to show the facts as stated are a clear breach of the law, what happens? Then this is an irrelevant action and it should be dismissed and the other party deemed to be the winner at this early stage.
Judgment:
The Court held that a case can be dismissed on grounds of relevancy in a case where, even if all the facts are proved, there are clear authorities to show that this type of conduct is legal. it is a waste of Court resources for the case to go ahead if there is such clear authority for this set of facts being clearly legal or illegal conduct.
Ratio-decidendi:
‘If it can be shown that, even if the pursuer succeeds in proving all that he avers, still his case must fail, it appears to me to be highly advantageous that time and money should not be spent on fruitless inquiry into the facts...’ Lord Reid
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.