JAMES DUFF v. GEORGE WIMPEY WEST OF SCOTLAND LTD [2012] ScotSC 55 (01 May 2012)

JAMES DUFF v. GEORGE WIMPEY WEST OF SCOTLAND LTD [2012] ScotSC 55 (01 May 2012)

A party litigant cannot effectually intimate a motion to an opposing party's solicitor under rule 15.2(2)(b) of the Ordinary Cause Rules 1993; only a sheriff officer or solicitor may do so. As the pursuer's motion was not properly intimated, it is not properly before the court and must be refused consideration.

Citation
[2012] ScotSC 55
Parties
Pursuer: James Duff; Defender: George Wimpey West of Scotland Ltd
Jurisdiction
Scotland
Judgment Date
01 May 2012
Procedural Posture
Civil (ordinary Cause) / Interlocutory Motion Regarding Validity of Intimation
Outcome
Motion refused; no order made.
Legal Topics
Intimation of Motions, Service of Process, Party Litigants, Sheriff Court Practice
Civil Procedure Intimation of Motions Service of Process Party Litigants Sheriff Court Practice

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Parties

James Duff

Pursuer

George Wimpey West of Scotland Ltd

Defender

Procedural Posture

Civil (ordinary Cause) / Interlocutory Motion Regarding Validity of Intimation

Legal Issues

  1. 1 Whether a party litigant can effectually intimate a motion to an opposing party's solicitor under rule 15.2(2)(b) of the Ordinary Cause Rules 1993
  2. 2 Whether the defender's failure to lodge a notice of opposition constitutes 'appearance' under rule 5.10(1)

Ratio Decidendi

A party litigant cannot effectually intimate a motion to an opposing party's solicitor under rule 15.2(2)(b) of the Ordinary Cause Rules 1993; only a sheriff officer or solicitor may do so. As the pursuer's motion was not properly intimated, it is not properly before the court and must be refused consideration.

Court Disposition

Motion refused; no order made.

Orders

  • Refuses to consider Pursuer's Motion 7/2 of process.
  • Makes no order in relation to the Motion.