Court of Session

🐌 How I Found Myself in Scotland’s Highest Civil Court

I didn’t crawl into the Court of Session myself — the stairs are far too steep — but my reputation certainly did. After my dramatic appearance in the ginger beer bottle, May Donoghue and her solicitor, Walter Leechman, marched straight to Edinburgh to file a writ against David Stevenson.

They asked for £500 in damages, which, in snail terms, is roughly the value of a lifetime supply of lettuce.

They assumed Stevenson would settle quietly.

He did not.

⚔️ Enter George Morton: Advocate, Politician, Professional Objection‑Raiser

Stevenson hired George Morton, a man whose eyebrows alone could win an argument. Morton’s strategy was simple:

• Claim May’s writ didn’t show a breach of duty

• Claim it didn’t show harm

• Claim she couldn’t sue because she didn’t buy the drink

• Claim, essentially, that I was none of his client’s business

(Excuse me.)

This was the old doctrine of privity of contract — the legal equivalent of saying, “Not my problem.”

⚖️ Lord Moncrieff Takes the Bench

On 27th June 1930, Lord Moncrieff delivered a judgment that would echo through legal history like a well‑thrown pebble in a pond.

He ruled that:

• May’s writ was not vague

• It did show a breach of duty

• It did show harm

• And most importantly:

A manufacturer can owe a duty of care to the ultimate consumer

A bridge had been built — from Stevenson’s factory to May’s glass — and I was the tiny creature who made it necessary.

🌍 A Landmark Moment (and Only Round One)

Lord Moncrieff’s decision didn’t end the fight.

It simply meant Stevenson had eight days to respond.

But it was a turning point:

• Negligence

• Foreseeability

• Proximity

• Consumer protection

All of it began to shift.

For Leechman, this was no longer just about a “snail in a bottle.”

It was about the future of the law.

For me, it was Friday.

🐚 Onward to the Inner House

Stevenson wasn’t finished.

Not even close.

If the Outer House wouldn’t save him, he’d take the battle to the Inner House — and the legal journey would grow stranger, deeper, and far more consequential.

🐌 Continue the Journey

→ Follow the case to the Inner House

→ Learn how this tiny incident had an impact beyond the law of negligence

→ Explore classroom resources