Martin And Co (UK) Ltd, Re an Order Under Section 1 of the Administration of Justice (Scotland) Act 1972 [2013] ScotCS CSIH_99 (20 November 2013)

Martin And Co (UK) Ltd, Re an Order Under Section 1 of the Administration of Justice (Scotland) Act 1972 [2013] ScotCS CSIH_99 (20 November 2013)

The interlocutor of 11 September 2013 did not dispose of the whole subject matter of the cause because the contempt of court allegations remained unresolved and formed part of the same proceedings. Therefore, the reclaiming motion was incompetent without leave.

Citation
[2013] ScotCS CSIH_99
Parties
Petitioner: Martin And Co (UK) Limited; First Respondent: Carrie Little; Fourth Respondent: Kenny Stenhouse
Jurisdiction
Scotland
Judgment Date
20 November 2013
Procedural Posture
Petition for Recovery of Documents and Related Contempt Proceedings / Interlocutory Appeal (reclaiming Motion) on Competency of Appeal Against Expenses Order
Outcome
Reclaiming motion found incompetent; petitioner's note of objection sustained; cause remitted to Outer House for further procedure on contempt allegations.
Legal Topics
Competency of Appeal, Interlocutory Orders, Expenses, Contempt of Court, Recovery of Documents
Civil Procedure Contempt of Court Competency of Appeal Interlocutory Orders Expenses Recovery of Documents

Case Brief

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Parties

Martin And Co (UK) Limited

Petitioner

Carrie Little

First Respondent

Kenny Stenhouse

Fourth Respondent

Procedural Posture

Petition for Recovery of Documents and Related Contempt Proceedings / Interlocutory Appeal (reclaiming Motion) on Competency of Appeal Against Expenses Order

Legal Issues

  1. 1 Whether the interlocutor of 11 September 2013 disposed of the whole subject matter of the cause for the purposes of Rule of Court 38.2(1)(a)
  2. 2 Whether the reclaiming motion against the interlocutor was competent without leave, given outstanding contempt proceedings

Ratio Decidendi

The interlocutor of 11 September 2013 did not dispose of the whole subject matter of the cause because the contempt of court allegations remained unresolved and formed part of the same proceedings. Therefore, the reclaiming motion was incompetent without leave.

Court Disposition

Reclaiming motion found incompetent; petitioner's note of objection sustained; cause remitted to Outer House for further procedure on contempt allegations.

Orders

  • Sustaining the petitioner's note of objection.
  • Finding the fourth respondent's reclaiming motion to be incompetent.