McKay v. Lloyds TSB Mortgages Ltd [2004] ScotCS 237 (02 November 2004)

McKay v. Lloyds TSB Mortgages Ltd [2004] ScotCS 237 (02 November 2004)

The nature of the action, being a low value, straightforward claim for property damage with vague averments of loss and no calculation or vouching, makes it appropriate to remit to the Sheriff Court; Court of Session resources should not be used for such cases.

Citation
[2004] ScotCS 237
Parties
Pursuer: Colin McKay; Defenders: Lloyds TSB Mortgages Limited
Jurisdiction
Scotland
Judgment Date
02 November 2004
Procedural Posture
Civil Action for Damages / Motion to Remit Action to Sheriff Court
Outcome
Action remitted to Arbroath Sheriff Court
Legal Topics
Remit of Action, Jurisdiction, Damages for Property Damage
Property Law Civil Procedure Remit of Action Jurisdiction Damages for Property Damage

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Parties

Colin McKay

Pursuer

Lloyds TSB Mortgages Limited

Defenders

Procedural Posture

Civil Action for Damages / Motion to Remit Action to Sheriff Court

Legal Issues

  1. 1 Whether the action should be remitted to the Sheriff Court under section 14 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985
  2. 2 Appropriateness of forum for low value, straightforward claims

Ratio Decidendi

The nature of the action, being a low value, straightforward claim for property damage with vague averments of loss and no calculation or vouching, makes it appropriate to remit to the Sheriff Court; Court of Session resources should not be used for such cases.

Court Disposition

Action remitted to Arbroath Sheriff Court

Orders

  • Remit action to Arbroath Sheriff Court within whose jurisdiction the action could have been brought.
  • Leave to reclaim granted.