Pentland-Clark v Wilson & Ors [2013] ScotCS CSIH_48 (04 June 2013)

Pentland-Clark v Wilson & Ors [2013] ScotCS CSIH_48 (04 June 2013)

The court refused to sist the private action because all substantive issues had been resolved, only quantification of expenses remained, the pursuer's ECtHR application was speculative and not a basis for further delay, and there was no evidence of a violation of Article 6 ECHR or systemic denial of justice. The interests of justice and finality for the defenders outweighed the pursuer's arguments for a sist.

Citation
[2013] ScotCS CSIH_48
Parties
Pursuer and Reclaimer: Mrs Joan Pentland-Clark; First Defender and Respondent: Patrick Collinge Gravatt Wilson; Second Defender and Respondent: Charles Pagan WS; Third Defender and Respondent: Susan Venters
Jurisdiction
Scotland
Judgment Date
04 June 2013
Procedural Posture
Reclaiming Motion (appeal) in Civil Action / Appeal Against Interlocutors Refusing to Sist or Remit Action
Outcome
Reclaiming motion refused
Legal Topics
Sist (stay) of Proceedings, Remit Ob Contingentiam, Expenses (costs), Article 6 ECHR (right to Fair Trial), Access to Justice, Equality of Arms
Civil Procedure Trusts and Estates Human Rights Sist (stay) of Proceedings Remit Ob Contingentiam Expenses (costs) Article 6 ECHR (right to Fair Trial) Access to Justice +1 more

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Parties

Mrs Joan Pentland-Clark

Pursuer and Reclaimer

Patrick Collinge Gravatt Wilson

First Defender and Respondent

Charles Pagan WS

Second Defender and Respondent

Susan Venters

Third Defender and Respondent

Procedural Posture

Reclaiming Motion (appeal) in Civil Action / Appeal Against Interlocutors Refusing to Sist or Remit Action

Legal Issues

  1. 1 Whether the private action should be sisted (stayed) pending the outcome of the pursuer's application to the European Court of Human Rights (ECtHR)
  2. 2 Whether previous refusals to sist or remit the action were erroneous
  3. 3 Whether the pursuer's Article 6 ECHR rights were violated by alleged lack of equality of arms and inability to obtain independent legal representation

Ratio Decidendi

The court refused to sist the private action because all substantive issues had been resolved, only quantification of expenses remained, the pursuer's ECtHR application was speculative and not a basis for further delay, and there was no evidence of a violation of Article 6 ECHR or systemic denial of justice. The interests of justice and finality for the defenders outweighed the pursuer's arguments for a sist.

Court Disposition

Reclaiming motion refused

Orders

  • Refusal to sist (stay) the private action pending ECtHR proceedings
  • Refusal to remit or conjoin the private action with the judicial factor's action