Reichmann & Anor v Gauntlett & Anor

1. LORD JUSTICE AULD: Mr Gauntlett, as I mentioned to you at the beginning of the hearing this morning, the question put to this court and to the court below is one of a general nature, seeking an answer of an unqualified nature. It may be, as I also said to you, that the two lines of authority may indicate that the answer to this is possibly general, possibly not; possibly qualified, possibly unqualified. The matter comes before the court, as it did below, as a preliminary point which, depending on the answer given to it, would then have to be heard on its facts before the judge below. It is a point of some importance in its absolute and general form.

2. Unfortunately, the other side is not here to argue the case and to develop any points which may not have been developed below, which would assist on the point of principle.

3. In the circumstances, because of the importance of the matter being argued fully and because of the important point of principle with which we have been presented, we consider that we should adjourn the appeal and seek the assistance of an advocate to the court, appointed through the medium of the Attorney General to assist the court.

4. So, that is what we shall do. We shall adjourn the appeal and seek the assistance of an advocate to the court. The matter will be re-listed for further argument.

5. The Court will notify the landlords, the respondents, of our intention, and it will of course be open to them to be represented at the adjourned hearing. Order: Appeal adjourned.