McKie v. Jack Robinson (Trawlers) Ltd [2004] ScotSC 45 (13 July 2004)

McKie v. Jack Robinson (Trawlers) Ltd [2004] ScotSC 45 (13 July 2004)

The absence of a signature on the Form 04 citation was fatal to the validity of service under both the Citation Act 1592 and rule 5.2(1) of the Ordinary Cause Rules; the requirement for a signed citation applies regardless of whether service is effected in Scotland or elsewhere; 'personal service' in rule 5.5(1)(a)(i) refers to service on a natural person and does not encompass service on a company by leaving documents at its registered office; thus, service was invalid and the action was properly dismissed.

Citation
[2004] ScotSC 45
Parties
Pursuer and Appellant: Neil McKie; Defenders and Respondents: Jack Robinson (Trawlers) Limited
Jurisdiction
Scotland
Judgment Date
13 July 2004
Procedural Posture
Appeal (sheriff Court) / Judgment on Appeal Against Refusal of Decree in Absence and Dismissal for Want of Valid Service
Outcome
Appeal refused; interlocutor of sheriff adhered to; action dismissed for want of valid service.
Legal Topics
Service of Process, Citation Formalities, Jurisdiction, Company Law, Interpretation of Statutes
Civil Procedure Personal Injury Service of Process Citation Formalities Jurisdiction Company Law Interpretation of Statutes

Case Brief

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Parties

Neil McKie

Pursuer and Appellant

Jack Robinson (Trawlers) Limited

Defenders and Respondents

Procedural Posture

Appeal (sheriff Court) / Judgment on Appeal Against Refusal of Decree in Absence and Dismissal for Want of Valid Service

Legal Issues

  1. 1 Whether absence of signature on Form 04 citation rendered service a nullity under Scottish law and the Citation Act 1592
  2. 2 Whether service of writ on a company at its registered office in England constituted valid personal service under Ordinary Cause Rules and English law

Ratio Decidendi

The absence of a signature on the Form 04 citation was fatal to the validity of service under both the Citation Act 1592 and rule 5.2(1) of the Ordinary Cause Rules; the requirement for a signed citation applies regardless of whether service is effected in Scotland or elsewhere; 'personal service' in rule 5.5(1)(a)(i) refers to service on a natural person and does not encompass service on a company by leaving documents at its registered office; thus, service was invalid and the action was properly dismissed.

Court Disposition

Appeal refused; interlocutor of sheriff adhered to; action dismissed for want of valid service.

Orders

  • Pursuer and appellant found liable to defenders in taxed expenses of the appeal; account to be lodged and taxed by auditor of court.
  • Cause remitted to sheriff to proceed as accords quoad ultra.