Bell (AP) v The Chief Constable of Strathclyde Police & Ors [2010] ScotCS CSOH_140 (22 October 2010)

Bell (AP) v The Chief Constable of Strathclyde Police & Ors [2010] ScotCS CSOH_140 (22 October 2010)

The statutory test under section 14 directs attention to the nature of the particular action. General considerations such as public funding constraints or the proposition that litigation is cheaper in the sheriff court do not constitute factors relating to the nature of the action. The present case, given its potential high value and complexity, is wholly appropriate for the Court of Session. There are no particular circumstances justifying a remit.

Citation
[2010] ScotCS CSOH_140
Parties
Pursuer: Craig Bell; First Defender: Chief Constable of Strathclyde Police; Second Defenders: Scottish Ministers
Jurisdiction
Scotland
Judgment Date
22 October 2010
Procedural Posture
Personal Injury Action / Motion to Remit to Sheriff Court Under Section 14 of the Law Reform (miscellaneous Provisions) (scotland) Act 1985
Outcome
Motion to remit refused
Legal Topics
Remit to Sheriff Court, Jurisdiction, Section 14 Law Reform (miscellaneous Provisions) (scotland) Act 1985, Forum Selection, Costs of Litigation
Civil Procedure Personal Injury Remit to Sheriff Court Jurisdiction Section 14 Law Reform (miscellaneous Provisions) (scotland) Act 1985 Forum Selection Costs of Litigation

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Parties

Craig Bell

Pursuer

Chief Constable of Strathclyde Police

First Defender

Scottish Ministers

Second Defenders

Procedural Posture

Personal Injury Action / Motion to Remit to Sheriff Court Under Section 14 of the Law Reform (miscellaneous Provisions) (scotland) Act 1985

Legal Issues

  1. 1 Whether the action should be remitted from the Court of Session to the sheriff court under section 14 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985

Ratio Decidendi

The statutory test under section 14 directs attention to the nature of the particular action. General considerations such as public funding constraints or the proposition that litigation is cheaper in the sheriff court do not constitute factors relating to the nature of the action. The present case, given its potential high value and complexity, is wholly appropriate for the Court of Session. There are no particular circumstances justifying a remit.

Court Disposition

Motion to remit refused

Orders

  • The application to remit the action to the sheriff court is refused.