The Appeal

🐌 Stevenson Was Not Amused

After Lord Moncrieff ruled in May’s favour, David Stevenson was… how shall I put it…

as furious as a man can be without actually boiling.

He felt wronged.

He felt misunderstood.

He felt absolutely certain that none of this had anything to do with him.

(Which is bold, considering I came from his factory.)

So he appealed — straight to the Inner House of the Court of Session, Scotland’s appellate division. And he brought George Morton with him, a man who could object to a sunrise if given the chance.

⚔️ Morton Reloads His Arguments

Morton sharpened his legal pencils and prepared an appeal so detailed it could have doubled as a doorstop.

He argued that:

•      Lord Moncrieff had misinterpreted negligence

•      Foreseeability and proximity were dangerous ideas

•      Manufacturers owed no duty to consumers

•      There was no causation

•      There was no damage

•      There was no privity of contract

•      And, presumably, that snails should mind their own business

He asked the three Inner House judges — Lord Anderson, Lord Hunter, and Lord Mackenzie — to overturn Moncrieff’s judgment entirely.

🧑‍⚖️ The Inner House Delivers Its Blow

In November 1930, the three judges delivered their verdict.

And they were not on May’s side.

They ruled:

•      No duty of care

•      No negligence

•      No causation

•      No damage

•      No privity

•      No legal basis for the claim

•      No need for this “foreseeability and proximity nonsense”

In boxing terms, it was a second‑round knockout.

Stevenson and Morton celebrated.

They thought they’d won the war.

They thought the snail saga was over.

Reader… it was not.

💔 May and Walter Hit Rock Bottom

May Donoghue and Walter Leechman were devastated.

Everything they’d fought for seemed lost.

But they weren’t ready to quit.

Not yet.

Not when they knew they were right.

They decided to take the fight to the House of Lords — the highest court in the land.

🎩 Enter William Milligan: The Advocate With a Plan

They hired William Milligan, a brilliant advocate with experience appealing to the Lords — and a healthy appetite for legal history.

He took the case on a no‑win, no‑fee basis.

He believed in May.

He believed in the principle.

And he believed the law needed to change.

He argued that:

•      This was a matter of public importance

•      Consumer rights were at stake

•      Scots law needed clarification

•      Negligence should be based on foreseeability and proximity

A bold idea.

A revolutionary idea.

An idea that would soon reshape the world.

But first… they needed permission to appeal.

And that’s where the next chapter begins.

🐚 Continue the Journey

→ Follow the case to the House of Lords

→ Explore classroom resources