Keenan v. Sanghera [2005] ScotSC 36 (07 July 2005)

Keenan v. Sanghera [2005] ScotSC 36 (07 July 2005)

The appeal was incompetent because the interlocutor of 10 January 2005 was not one appealable without leave under section 27 of the 1907 Act, and no leave to appeal had been granted by the sheriff. The sheriff's decision on the amendment procedure was within his powers and not itself incompetent.

Citation
[2005] ScotSC 36
Parties
Pursuer and Appellant: Alan Keenan; Defender and Respondent: Baljinder Singh Sanghera
Jurisdiction
Scotland
Judgment Date
07 July 2005
Procedural Posture
Civil (landlord and Tenant) / Appeal Against Interlocutor Regarding Amendment Procedure and Counterclaim
Outcome
Appeal dismissed as incompetent
Legal Topics
Appeals, Competency of Interlocutors, Amendment Procedure, Counterclaims, Leave to Appeal
Civil Procedure Landlord and Tenant Appeals Competency of Interlocutors Amendment Procedure Counterclaims Leave to Appeal

Case Brief

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Parties

Alan Keenan

Pursuer and Appellant

Baljinder Singh Sanghera

Defender and Respondent

Procedural Posture

Civil (landlord and Tenant) / Appeal Against Interlocutor Regarding Amendment Procedure and Counterclaim

Legal Issues

  1. 1 Whether the sheriff's interlocutor of 10 January 2005 was incompetent for allowing a counterclaim to be introduced in answers to a minute of amendment without leave of the court
  2. 2 Whether leave to appeal was required under section 27 of the Sheriff Courts (Scotland) Act 1907
  3. 3 Whether the sheriff principal had jurisdiction to entertain the appeal without leave

Ratio Decidendi

The appeal was incompetent because the interlocutor of 10 January 2005 was not one appealable without leave under section 27 of the 1907 Act, and no leave to appeal had been granted by the sheriff. The sheriff's decision on the amendment procedure was within his powers and not itself incompetent.

Court Disposition

Appeal dismissed as incompetent

Orders

  • Refuses the motion to remit to the sheriff for consideration of late application for leave to appeal
  • Dismisses the appeal as incompetent