Andrew Bryan & Company Ltd v DF Storage & Distribution Ltd [1999] ScotCS 216 (3 September 1999)

Andrew Bryan & Company Ltd v DF Storage & Distribution Ltd [1999] ScotCS 216 (3 September 1999)

The application was refused because the documentation produced—a copy of the Initial Writ certified by the pursuer's solicitor—did not meet the requirements of Form 59.1-D, which contemplates production of the Initial Writ itself with warrant and execution. Section 6 of the Civil Evidence (Scotland) Act 1988 does not override this procedural requirement, as the court's rules and forms specify the necessary documentation for such applications.

Citation
[1999] ScotCS 216
Parties
Pursuer: Andrew Bryan & Company Limited; Defender: D. F. Storage & Distribution Limited
Jurisdiction
Scotland
Judgment Date
03 September 1999
Procedural Posture
Application for Letters of Inhibition / Interlocutory Application Before Lord Ordinary
Outcome
Application refused
Legal Topics
Inhibition on Dependence, Sheriff Court Procedure, Document Authentication
Civil Procedure Inhibition on Dependence Sheriff Court Procedure Document Authentication

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 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Andrew Bryan & Company Limited

Pursuer

D. F. Storage & Distribution Limited

Defender

Procedural Posture

Application for Letters of Inhibition / Interlocutory Application Before Lord Ordinary

Legal Issues

  1. 1 Whether a copy of the Initial Writ certified by the pursuer's solicitor is sufficient for an application for inhibition on dependence under Rule of Court 59.1-D
  2. 2 Whether section 6 of the Civil Evidence (Scotland) Act 1988 validates such a copy for this purpose

Ratio Decidendi

The application was refused because the documentation produced—a copy of the Initial Writ certified by the pursuer's solicitor—did not meet the requirements of Form 59.1-D, which contemplates production of the Initial Writ itself with warrant and execution. Section 6 of the Civil Evidence (Scotland) Act 1988 does not override this procedural requirement, as the court's rules and forms specify the necessary documentation for such applications.

Court Disposition

Application refused

Orders

  • Refusal to sign and date the warrant for inhibition on dependence due to insufficient documentation