Colley v Celtic Pacific Management (Overseas) [2000] ScotCS 335 (6 October 2000)

Colley v Celtic Pacific Management (Overseas) [2000] ScotCS 335 (6 October 2000)

The requirement to serve a citation with the summons is based solely on the Rules of Court, not statute; therefore, the court has discretion under Rule 2.1 to relieve the pursuer from the consequences of failing to serve the citation, and in the absence of prejudice to the defenders, such relief should be granted and service held valid.

Citation
[2000] ScotCS 335
Parties
Pursuer: Peter Edward Colley; Defender: Celtic Pacific Ship Management (Overseas) Limited
Jurisdiction
Scotland
Judgment Date
06 October 2000
Procedural Posture
Personal Injury Damages Action / Interlocutory Application Regarding Validity of Service
Outcome
Application for relief granted; service held valid and effective.
Legal Topics
Service of Process, Relief From Procedural Non Compliance, Personal Injury, Court of Session Rules
Civil Procedure Service of Process Relief From Procedural Non Compliance Personal Injury Court of Session Rules

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Parties

Peter Edward Colley

Pursuer

Celtic Pacific Ship Management (Overseas) Limited

Defender

Procedural Posture

Personal Injury Damages Action / Interlocutory Application Regarding Validity of Service

Legal Issues

  1. 1 Whether failure to serve a citation in Form 13.7 with the summons invalidates service
  2. 2 Whether the court can grant relief under Rule 2.1 for failure to comply with Rule 13.7(1)(a)

Ratio Decidendi

The requirement to serve a citation with the summons is based solely on the Rules of Court, not statute; therefore, the court has discretion under Rule 2.1 to relieve the pursuer from the consequences of failing to serve the citation, and in the absence of prejudice to the defenders, such relief should be granted and service held valid.

Court Disposition

Application for relief granted; service held valid and effective.

Orders

  • Pursuer relieved from consequences of failure to serve citation in Form 13.7 with summons as required by Rule 13.7(1)(a) and Rule 16.1(1)(a)(i).
  • Personal service of the summons on the defenders in Hong Kong on 25 July 2000 declared valid and effective.