GCN (SCOTLAND) LTD AGAINST JAMES STEVENSON GILLESPIE (known as STEVEN GILLESPIE) [2019] ScotCS CSOH_82 (24 October 2019)

GCN (SCOTLAND) LTD AGAINST JAMES STEVENSON GILLESPIE (known as STEVEN GILLESPIE) [2019] ScotCS CSOH_82 (24 October 2019)

A party in possession of ownerless land, even without formal title, is entitled to seek declarator and interdict to protect possession and prospective rights under section 43 of the 2012 Act against interference by a party with no title; patrimonial interest suffices for title to sue.

Citation
[2019] ScotCS CSOH_82
Parties
Pursuer: GCN (Scotland) Limited; Defender: James Stevenson Gillespie (known as Steven Gillespie)
Jurisdiction
Scotland
Judgment Date
24 October 2019
Procedural Posture
Civil / Procedure Roll; Pleadings and Relevancy Debate
Outcome
Defender's pleas on relevancy and lack of title repelled; pursuers' pleas sustained in part; proof before answer allowed.
Legal Topics
Possession of Land, A Non Domino Disposition, Title to Sue, Interdict, Patrimonial Interest
Property Law Civil Procedure Possession of Land A Non Domino Disposition Title to Sue Interdict Patrimonial Interest

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Parties

GCN (Scotland) Limited

Pursuer

James Stevenson Gillespie (known as Steven Gillespie)

Defender

Procedural Posture

Civil / Procedure Roll; Pleadings and Relevancy Debate

Legal Issues

  1. 1 Whether a party without formal title can seek declarator and interdict to protect possession of ownerless land
  2. 2 Whether patrimonial interest suffices for title to sue
  3. 3 Competency of action without direct linkage to Keeper application under section 43 of the 2012 Act

Ratio Decidendi

A party in possession of ownerless land, even without formal title, is entitled to seek declarator and interdict to protect possession and prospective rights under section 43 of the 2012 Act against interference by a party with no title; patrimonial interest suffices for title to sue.

Court Disposition

Defender's pleas on relevancy and lack of title repelled; pursuers' pleas sustained in part; proof before answer allowed.

Orders

  • Defender's second and fourth pleas-in-law repelled
  • Pursuers' first and second pleas-in-law sustained to exclude specified averments in defences from probation