CANNING AGAINST GLASGOW CALEDONIAN UNIVERSITY AND DEMOCRATIC LEFT SCOTLAND [2015] ScotSC 75 (15 December 2015)

CANNING AGAINST GLASGOW CALEDONIAN UNIVERSITY AND DEMOCRATIC LEFT SCOTLAND [2015] ScotSC 75 (15 December 2015)

Neither the pursuer nor Democratic Left Scotland established ownership of the library. The library was not abandoned by the CPGB in 1987; even if it had been, ownership would vest in the Crown, not the pursuer. The pursuer did not acquire ownership by donation, statutory procedure, or reputed ownership. The chain of assignation from CPGB to Democratic Left Scotland was not established. The pursuer is entitled to be ranked and preferred as depositary and to decree of delivery of the library as depositary, not as owner.

Citation
[2015] ScotSC 75
Parties
Pursuer: Audrey Canning; First Defender: Glasgow Caledonian University; Second Defender: Democratic Left Scotland
Jurisdiction
Scotland
Judgment Date
15 December 2015
Procedural Posture
Multiple Poinding (ownership Dispute) / Judgment After Proof (trial)
Outcome
Plea-in-law for the pursuer sustained; plea-in-law for the second defender repelled; pursuer ranked and preferred as depositary; decree of delivery granted to pursuer qua depositary; issue of expenses reserved.
Legal Topics
Ownership of Moveable Property, Abandonment, Custody and Deposit, Assignation of Assets, Successor Organisations, Presumption of Ownership, Statutory Acquisition by Finder
Property Law Trusts and Succession Civil Procedure Ownership of Moveable Property Abandonment Custody and Deposit Assignation of Assets Successor Organisations +2 more

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Parties

Audrey Canning

Pursuer

Glasgow Caledonian University

First Defender

Democratic Left Scotland

Second Defender

Procedural Posture

Multiple Poinding (ownership Dispute) / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether the William Gallacher Memorial Library was abandoned by the CPGB in 1987 and thereby became the property of the pursuer or the Crown
  2. 2 Whether the pursuer acquired ownership by donation, statutory procedure, or reputed ownership
  3. 3 Whether Democratic Left Scotland established a valid chain of title from the CPGB via Democratic Left and New Times Network

Ratio Decidendi

Neither the pursuer nor Democratic Left Scotland established ownership of the library. The library was not abandoned by the CPGB in 1987; even if it had been, ownership would vest in the Crown, not the pursuer. The pursuer did not acquire ownership by donation, statutory procedure, or reputed ownership. The chain of assignation from CPGB to Democratic Left Scotland was not established. The pursuer is entitled to be ranked and preferred as depositary and to decree of delivery of the library as depositary, not as owner.

Court Disposition

Plea-in-law for the pursuer sustained; plea-in-law for the second defender repelled; pursuer ranked and preferred as depositary; decree of delivery granted to pursuer qua depositary; issue of expenses reserved.

Orders

  • Pursuer ranked and preferred as depositary upon the fund in medio (the library)
  • Decree granted against Glasgow Caledonian University for delivery to the pursuer qua depositary of the contents of the William Gallacher Memorial Library as described in the process