Scottish Court of Session Decisions

Subject_1Process
Subject_2Caution for Expenses
Subject_3Pursuer in Receipt of Parochial Relief
Subject_4Delay in Application.
Facts:

Application to have a pursuer who was in receipt of parochial relief, ordained to find caution, refused as made too late. Simpson brought an action of damages against Allan, a medical man, on the ground that he had been negligent in treating an injury from which the pursuer was suffering. The case was put down for jury trial at the Spring Sittings. On 15th March the defender moved the Court to ordain the pursuer to find caution within four days. He stated that the pursuer was in receipt of parochial relief, and could have sued in forma pauperis— Hunter v. Clark, July 10, 1874, 1 R. 1154. The pursuer submitted that no relevant ground had been alleged in support of the application. Pauperism was not a sufficient reason for requiring caution— Macdonald v. Simpsons, March 7, 1882, 9 R. 696. Further, the defender had long been aware that the pursuer was in receipt of parochial relief, for he stated in his answers that he had heard in January 1892 that the pursuer had applied for relief. The application that he should be ordained to find caution was now made for the first time on the eve of trial, and should be refused as too late.