Drimsynie Estate Ltd v. Trainer & oRS [2006] ScotCS CSOH_46 (21 March 2006)

Drimsynie Estate Ltd v. Trainer & oRS [2006] ScotCS CSOH_46 (21 March 2006)

The nature of the action, being essentially an action of removing and of relative unimportance and simplicity, makes it appropriate to remit to the Sheriff Court. The addition of a declaratory conclusion does not alter this. The conventional forum for such actions is the Sheriff Court, and remit is further justified by potential savings in expense.

Citation
[2006] ScotCS CSOH_46
Parties
Pursuer: Drimsynie Estate Limited; Defender: Mr James Trainer; Defender: Letham Ramsay
Jurisdiction
Scotland
Judgment Date
21 March 2006
Procedural Posture
Motion to Remit / Interlocutory
Outcome
Motion granted; action remitted to Sheriff Court at Dunoon.
Legal Topics
Lease Termination, Jurisdiction, Remit to Sheriff Court, Declarator, Removing
Property Law Civil Procedure Lease Termination Jurisdiction Remit to Sheriff Court Declarator Removing

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Parties

Drimsynie Estate Limited

Pursuer

Mr James Trainer

Defender

Letham Ramsay

Defender

Procedural Posture

Motion to Remit / Interlocutory

Legal Issues

  1. 1 Whether the nature of the action makes it appropriate to remit to the Sheriff Court under section 14 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985
  2. 2 Competency of action for removing and declarator in the Court of Session

Ratio Decidendi

The nature of the action, being essentially an action of removing and of relative unimportance and simplicity, makes it appropriate to remit to the Sheriff Court. The addition of a declaratory conclusion does not alter this. The conventional forum for such actions is the Sheriff Court, and remit is further justified by potential savings in expense.

Court Disposition

Motion granted; action remitted to Sheriff Court at Dunoon.

Orders

  • Remit the cause to the Sheriff of North Strathclyde at Dunoon