Hill v. The Law Society Of Scotland & Anor [2005] ScotSC 40 (14 July 2005)

Hill v. The Law Society Of Scotland & Anor [2005] ScotSC 40 (14 July 2005)

The sheriff court lacks jurisdiction to grant declarator regarding the withdrawal of a practising certificate or interim interdict, as such matters fall within the exclusive supervisory jurisdiction of the Court of Session. The pursuer's pleadings are lacking in specification and do not support claims of bad faith, malice, or damages. The action is dismissed as incompetent and irrelevant.

Citation
[2005] ScotSC 40
Parties
Pursuer: Bernard Hill; First Defender: The Law Society of Scotland; Second Defender: Leslie H Cumming
Jurisdiction
Scotland
Judgment Date
14 July 2005
Procedural Posture
Civil / Judgment After Debate on Competency and Relevancy
Outcome
Action dismissed
Legal Topics
Competency of Declarator, Supervisory Jurisdiction, Damages for Defamation, Specification of Pleadings, Privilege in Court Statements
Administrative Law Civil Procedure Defamation Competency of Declarator Supervisory Jurisdiction Damages for Defamation Specification of Pleadings Privilege in Court Statements

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Parties

Bernard Hill

Pursuer

The Law Society of Scotland

First Defender

Leslie H Cumming

Second Defender

Procedural Posture

Civil / Judgment After Debate on Competency and Relevancy

Legal Issues

  1. 1 Whether the sheriff court has jurisdiction to grant declarator regarding withdrawal of practising certificate and interim interdict
  2. 2 Whether the action is competent in light of statutory appeal provisions and supervisory jurisdiction
  3. 3 Whether pleadings are sufficiently specified to support claims of bad faith, malice, and damages

Ratio Decidendi

The sheriff court lacks jurisdiction to grant declarator regarding the withdrawal of a practising certificate or interim interdict, as such matters fall within the exclusive supervisory jurisdiction of the Court of Session. The pursuer's pleadings are lacking in specification and do not support claims of bad faith, malice, or damages. The action is dismissed as incompetent and irrelevant.

Court Disposition

Action dismissed

Orders

  • Pursuer's craves 1(a) and (b) dismissed as incompetent
  • Action dismissed in respect of all craves