Court of Session Act 1868

63 Special Cases on Questions of Law.

Where any Parties interested, whether personally or in some fiduciary or official Character, in the Decision of a Question of Law shall he agreed upon the Pacts, and shall dispute only on the Law applicable thereto, it shall be competent for them, without raising any Action or Proceeding, or at any Stage of an Action or Proceeding, to present to One of the Divisions of the Court a Special Case, signed by their Counsel, setting forth the Pacts upon which they are so agreed, and the Question of Law thence arising upon which they desire to obtain the Opinion of the Court; and which Case may set forth alternatively the Terms in which the Parties agree that Judgment shall be pronounced according to the Opinion of the Court upon the Question of Law aforesaid. When a Special Case is laid before One of the Divisions, the Court may order such Documents as appear to be necessary to be printed and boxed, and shall hear Parties in the Summar Roll, and give their Opinion or pronounce Judgment, as the Case may be, and such Judgment shall be extractible in common Form: Provided always, that the Case may be amended of Consent, and that, if the Court shall think fit, they may appoint the Case to be reheard in Terms of the Sixtieth Section hereof; and the Court shall dispose of all Questions of Expenses. Judgments pronounced in virtue of this Section shall be liable to Review by the House of Lords, unless snob Review shall be excluded of Consent of all Parties.