POLITAKIS AGAINST JOHN DESPENSER SPENCELY AND JAMES SCOTT LIMITED [2017] ScotCS CSIH_74 (29 November 2017)

POLITAKIS AGAINST JOHN DESPENSER SPENCELY AND JAMES SCOTT LIMITED [2017] ScotCS CSIH_74 (29 November 2017)

The application for permission to appeal does not raise an important point of principle or practice, nor is there any other compelling reason to grant permission. The Sheriff Appeal Court correctly applied established law regarding title to sue, prescription, and arbiter immunity. The existing procedural rules allow a single judge to determine permission applications, and there is no requirement for a quorum of three judges unless new rules are made under the relevant statutory power.

Citation
[2017] ScotCS CSIH_74
Parties
Pursuer and Applicant: Gabriel Politakis; Defender and First Respondent: John Despenser Spencely; Party Minuters and Second Respondents: James Scott Limited
Jurisdiction
Scotland
Judgment Date
29 November 2017
Procedural Posture
Application for Leave to Appeal / Application for Permission to Appeal to the Court of Session Under Section 113(2) of the Courts Reform (scotland) Act 2014
Outcome
Application for permission to appeal refused
Legal Topics
Permission to Appeal, Competency of Single Judge, Arbiter Immunity, Prescription of Claims, Title to Sue
Civil Procedure Contract Law Arbitration Permission to Appeal Competency of Single Judge Arbiter Immunity Prescription of Claims Title to Sue

Case Brief

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Parties

Gabriel Politakis

Pursuer and Applicant

John Despenser Spencely

Defender and First Respondent

James Scott Limited

Party Minuters and Second Respondents

Procedural Posture

Application for Leave to Appeal / Application for Permission to Appeal to the Court of Session Under Section 113(2) of the Courts Reform (scotland) Act 2014

Legal Issues

  1. 1 Whether application for permission to appeal can be determined by a single procedural judge or requires a quorum of three judges
  2. 2 Whether the applicant had title to sue
  3. 3 Whether the claim had prescribed

Ratio Decidendi

The application for permission to appeal does not raise an important point of principle or practice, nor is there any other compelling reason to grant permission. The Sheriff Appeal Court correctly applied established law regarding title to sue, prescription, and arbiter immunity. The existing procedural rules allow a single judge to determine permission applications, and there is no requirement for a quorum of three judges unless new rules are made under the relevant statutory power.

Court Disposition

Application for permission to appeal refused

Orders

  • Application refused