North Sea Equipment Rentals Inc v. Drilltech Services (North Sea) Ltd [2002] ScotCS 45 (15th February, 2002)

North Sea Equipment Rentals Inc v. Drilltech Services (North Sea) Ltd [2002] ScotCS 45 (15th February, 2002)

The pursuers' claim for delivery of property was made in the original summons and the action was never disposed of; the Joint Minute did not substitute or extinguish the original claim. The defenders' pleas that the action was exhausted or time-barred are unfounded in law and fact.

Citation
[2002] ScotCS 45
Parties
Pursuer: North Sea Equipment Rentals Inc; Defender: Drilltech Services (North Sea) Limited
Jurisdiction
Scotland
Procedural Posture
Civil Action for Delivery of Property or Payment / Interlocutory Judgment on Pleas in Law
Outcome
Defenders' first and second pleas-in-law repelled; case put out By Order for further procedure.
Legal Topics
Delivery of Property, Prescription and Limitation, Enforcement of Agreements, Pleading and Procedure
Civil Procedure Property Law Delivery of Property Prescription and Limitation Enforcement of Agreements Pleading and Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

North Sea Equipment Rentals Inc

Pursuer

Drilltech Services (North Sea) Limited

Defender

Procedural Posture

Civil Action for Delivery of Property or Payment / Interlocutory Judgment on Pleas in Law

Legal Issues

  1. 1 Whether the pursuers are barred from proceeding due to exhaustion of the summons by a prior Joint Minute
  2. 2 Whether the action is time-barred under the Prescription and Limitation (Scotland) Act 1973

Ratio Decidendi

The pursuers' claim for delivery of property was made in the original summons and the action was never disposed of; the Joint Minute did not substitute or extinguish the original claim. The defenders' pleas that the action was exhausted or time-barred are unfounded in law and fact.

Court Disposition

Defenders' first and second pleas-in-law repelled; case put out By Order for further procedure.

Orders

  • Repel defenders' first plea-in-law (bar due to Joint Minute)
  • Repel defenders' second plea-in-law (time-bar)