Riley v. James Beaton & Company (Plumbers) Ltd & Ors [2004] ScotCS 167 (14 June 2004)

Riley v. James Beaton & Company (Plumbers) Ltd & Ors [2004] ScotCS 167 (14 June 2004)

The Intervention Order granted to Patricia Riley under section 53 of the Adults with Incapacity (Scotland) Act 2000 authorises her to conduct the litigation on behalf of Hugh Riley without the need to be sisted as a party to the action. There is no statutory or procedural requirement for her to be convened as a party, and liability for expenses remains with the pursuer.

Citation
[2004] ScotCS 167
Parties
Pursuer: Hugh Riley; First Defender: James Beaton & Company (Plumbers) Limited; Second Defender: T. & J. W. Neilson Limited; Third Defender: Carillion Construction (Contracts) Limited; Fourth Defender: The Blackhall Group Limited; Fifth Defender: Albert Thain Limited; Sixth Defender: Henry Robb Limited; Seventh Defender: D. Blake & Company Limited; Eighth Defender: Press Construction Limited; Ninth Defender: EMCOR Drake & Scull Group PLC; Tenth Defender: Shaw-Petrie Limited; Eleventh Defender: AMEC PLC
Jurisdiction
Scotland
Judgment Date
14 June 2004
Procedural Posture
Civil Damages (personal Injury) / Interlocutory Application Regarding Intervention Order and Party Status
Outcome
No further order made; Patricia Riley not sisted as a party.
Legal Topics
Adults With Incapacity (scotland) Act 2000, Intervention Orders, Party Status in Litigation, Authority of Legal Representatives
Civil Procedure Personal Injury Mental Capacity Adults With Incapacity (scotland) Act 2000 Intervention Orders Party Status in Litigation Authority of Legal Representatives

Case Brief

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Parties

Hugh Riley

Pursuer

James Beaton & Company (Plumbers) Limited

First Defender

T. & J. W. Neilson Limited

Second Defender

Carillion Construction (Contracts) Limited

Third Defender

The Blackhall Group Limited

Fourth Defender

Albert Thain Limited

Fifth Defender

Henry Robb Limited

Sixth Defender

D. Blake & Company Limited

Seventh Defender

Press Construction Limited

Eighth Defender

EMCOR Drake & Scull Group PLC

Ninth Defender

Shaw-Petrie Limited

Tenth Defender

AMEC PLC

Eleventh Defender

Procedural Posture

Civil Damages (personal Injury) / Interlocutory Application Regarding Intervention Order and Party Status

Legal Issues

  1. 1 Whether a person authorised under an Intervention Order must be sisted as a party to the action
  2. 2 Whether the Intervention Order alone suffices to authorise conduct of litigation on behalf of an incapable adult
  3. 3 Liability for expenses in the context of an Intervention Order

Ratio Decidendi

The Intervention Order granted to Patricia Riley under section 53 of the Adults with Incapacity (Scotland) Act 2000 authorises her to conduct the litigation on behalf of Hugh Riley without the need to be sisted as a party to the action. There is no statutory or procedural requirement for her to be convened as a party, and liability for expenses remains with the pursuer.

Court Disposition

No further order made; Patricia Riley not sisted as a party.

Orders

  • Court notes the making and terms of the Intervention Order and makes no further order.