Sharpe and Others v. Bickerdyke and Others [1815] UKHL 3_Dow_102

UKHL
Sharpe and Others v. Bickerdyke and Others
[1815] UKHL 3_Dow_102
REPORTS OF APPEAL CASES IN THE HOUSE OF LORDS, During the Session , 1814—15. 55 Geo . III.SCOTLAND.

APPEAL FROM THE COURT OF SESSION, (2 d div .)

No. 7

Sharpe and Others Appellants v. Bickerdyke and Others Respondents

Feb . 20 , 22 , 24 , 1815 .and had signed no such letter, and had material evidence still to produce, and on that account applied to the Court to have the award set aside; held by the House of Lords, reversing a judgment of the Court of Session, that the award ought not to stand.DECREET ARBITRAL — (AWARD).Where an arbitrator thought it necessary before decision to have the admission of the parties in writing that they had nothing further to offer, and that they desired a decision on the case as it stood, and was led to believe that a letter to that effect signed by all the parties was in the hands of the clerk to the submission, and stated on the face of the award that he had considered that letter, and it afterwards appeared that one of the parties had made no such admission,

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This was a process raised in the Court of Session by Bickerdyke and others, against Sharpe and, others, to recover a sum of about 2000 l . which was alleged to have been paid by mistake, by the former to the latter, in the course of certain transactions not necessary for the present purpose to be stated. After some proceedings in the Court of Session the matters in dispute were submitted to arbitration, and the arbitrator after the case had been depending before him for about four years, pronounced his decreet arbitral (award), in which was the following passage:—
“Having considered the aforesaid depending process, whole steps and grounds, and warrants thereof, and the memorial for the said first party, answers thereto, and whole productions by the parties, and also the letter from the parties of the 21 st day of April , 1805, wherein they stated, that they had nothing further to add to the above-mentioned pleadings; and having heard parties, or their doers, vivâ voce vivâ voce , and being now with the whole matters submitted well and ripely advised,” &c.
Messrs. Sharpe and Co. raised a process of suspension of the charge for implement, and then a summons of reduction of the decreet arbitral, on the ground that no such letter as that of the 21st of April, mentioned in the decreet had been signed

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Cases cited for Appellants, Logan v. Lang , Fac. Coll. 15th Nov. 1798.—For Respondents, Kirkaldy v. Dalgairns , Fac. Coll. Dec. 1808—9, et ib cit . Black and Knox v. Livingston .— Hardie v. Hardie , 18th Dec., 1724, Dict. 1.— Williamson v. Fraser , Dict. 3.— Hetherington v. Carlyle , Fac. Coll. June, 1771.—And the act of Sederunt , or regulation of 1695, was particularly relied upon.Counsel: Romilly and Horner for Appellant; Leach and Brougham for Respondent.Feb. 24, 1815.Judgment.Lord Eldon (C.) The question was whether—if the arbitrator was of opinion that he ought to have the admission of the parties that they had nothing farther to offer, and that they desired a decision upon the case as it stood, and he expressed that opinion on the face of the award, and that the parties had stated that they had nothing farther to offer, apprehending that he had their admission to that effect when he had not, and the circumstance was material—any acts of Sederunt or proceedings of Court ought to prevent the award from being

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Judgment of reversal accordingly; the whole of the facts and circumstances being there recited, so as to prevent its being a precedent for any case differing in the facts and circumstances.Solicitors: Agent for Appellants, Spottiswoode and Robertson.Agent for Respondents, Richardson.