Ramsden v Santon Highlands Ltd [2015] ScotCS CSOH_66 (02 June 2015)

The pursuer's averments, even if taken as true, were not sufficiently relevant and specific to support the claims, necessitating dismissal of the action.

Citation: [2015] ScotCS CSOH_66
Parties: Pursuer: Kenneth Ramsden; Defender: Santon Highlands Limited
Jurisdiction: Scotland
Judgment Date: 02 June 2015
Procedural Posture: Ordinary Action / Debate on Procedure Roll; Judgment on Relevancy
Outcome: Action dismissed
Legal Topics: Reduction of Missives, Rectification of Land Register, Relevancy of Pleadings

Property Law Civil Procedure Reduction of Missives Rectification of Land Register Relevancy of Pleadings

Case Brief

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Parties

Kenneth Ramsden

Pursuer

Santon Highlands Limited

Defender

Procedural Posture

Ordinary Action / Debate on Procedure Roll; Judgment on Relevancy

Legal Issues

1 Whether the pursuer's averments are sufficiently relevant and specific to support the claims
2 Whether the action should be dismissed for lack of relevancy

Ratio Decidendi

The pursuer's averments, even if taken as true, were not sufficiently relevant and specific to support the claims, necessitating dismissal of the action.

Court Disposition

Action dismissed

Orders

Sustain defender’s second plea-in-law
Repel pursuer’s pleas-in-law