Keenan v. Sanghera [2005] ScotSC 37 (07 July 2005)

Keenan v. Sanghera [2005] ScotSC 37 (07 July 2005)

The sheriff's error in allowing a counterclaim for rectification in an ordinary action did not render the interlocutor incompetent; the appeal itself was incompetent.

Citation
[2005] ScotSC 37
Parties
Pursuer and Appellant: Alan Keenan; Defender and Respondent: Baljinder Singh Sanghera
Jurisdiction
Scotland
Judgment Date
07 July 2005
Procedural Posture
Civil Appeal / Appeal Against Interlocutor on Amendment and Counterclaim Procedure
Outcome
Appeal dismissed as incompetent
Legal Topics
Competency of Appeal, Rectification of Documents, Counterclaims, Summary Application Vs Ordinary Action
Civil Procedure Contract Law Competency of Appeal Rectification of Documents Counterclaims Summary Application Vs Ordinary Action

Case Brief

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Parties

Alan Keenan

Pursuer and Appellant

Baljinder Singh Sanghera

Defender and Respondent

Procedural Posture

Civil Appeal / Appeal Against Interlocutor on Amendment and Counterclaim Procedure

Legal Issues

  1. 1 Whether the appeal against the sheriff's interlocutor dated 10 January 2005 is competent
  2. 2 Whether a counterclaim for rectification of a document can be introduced in an ordinary action

Ratio Decidendi

The sheriff's error in allowing a counterclaim for rectification in an ordinary action did not render the interlocutor incompetent; the appeal itself was incompetent.

Court Disposition

Appeal dismissed as incompetent

Orders

  • Refused motion to remit cause for late application for leave to appeal
  • Dismissed appeal as incompetent