Note: Raj K Rohatgi against Connor Sinclair (Sheriff Appeal Court Civil) [2026] SACCIV 23 (16 April 2026)

Note: Raj K Rohatgi against Connor Sinclair (Sheriff Appeal Court Civil) [2026] SACCIV 23 (16 April 2026)

The application was refused because it is well-established in Scots law that an action is commenced by service (citation) of the defender, not by lodging the writ. The applicant failed to identify any important point of principle or compelling reason for a further appeal. The statutory language and established case law are clear and unambiguous.

Citation
[2026] SACCIV 23
Parties
Pursuer and Appellant: Raj K Rohatgi; Defender and Respondent: Connor Sinclair
Jurisdiction
Scotland
Judgment Date
16 April 2026
Procedural Posture
Application for Permission to Appeal / Refusal of Permission to Appeal to the Court of Session From Sheriff Appeal Court
Outcome
Application for permission to appeal refused; expenses awarded to respondent.
Legal Topics
Limitation of Actions, Commencement of Proceedings, Interpretation of Statutes
Civil Procedure Defamation Limitation of Actions Commencement of Proceedings Interpretation of Statutes

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Parties

Raj K Rohatgi

Pursuer and Appellant

Connor Sinclair

Defender and Respondent

Procedural Posture

Application for Permission to Appeal / Refusal of Permission to Appeal to the Court of Session From Sheriff Appeal Court

Legal Issues

  1. 1 Whether the action for defamation was commenced within the limitation period under section 18A of the Prescription and Limitation (Scotland) Act 1973
  2. 2 Whether 'commencement' of an action occurs upon lodging the writ or upon service/citation of the defender
  3. 3 Whether there is an important point of principle or compelling reason to grant permission to appeal

Ratio Decidendi

The application was refused because it is well-established in Scots law that an action is commenced by service (citation) of the defender, not by lodging the writ. The applicant failed to identify any important point of principle or compelling reason for a further appeal. The statutory language and established case law are clear and unambiguous.

Court Disposition

Application for permission to appeal refused; expenses awarded to respondent.

Orders

  • Refusal of permission to appeal to the Court of Session
  • Award of expenses in favour of the respondent