McGonigle v. Murray [2005] ScotCS CSOH_122 (13 September 2005)

McGonigle v. Murray [2005] ScotCS CSOH_122 (13 September 2005)

The court may appoint a curator ad litem for a party of unsound mind based on information before it, ex proprio motu, without requiring a competent motion.

Citation
[2005] ScotCS CSOH_122
Parties
Pursuer and Respondent: George McGonigle; Defender and Reclaimer: Paul Graham Murray
Jurisdiction
Scotland
Judgment Date
13 September 2005
Procedural Posture
Civil / Note in Support of Interlocutor Appointing Curator Ad Litem
Outcome
Curator ad litem appointed for pursuer.
Legal Topics
Appointment of Curator Ad Litem, Unsound Mind, Court Powers Ex Proprio Motu
Civil Procedure Mental Incapacity Appointment of Curator Ad Litem Unsound Mind Court Powers Ex Proprio Motu

Case Brief

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Parties

George McGonigle

Pursuer and Respondent

Paul Graham Murray

Defender and Reclaimer

Procedural Posture

Civil / Note in Support of Interlocutor Appointing Curator Ad Litem

Legal Issues

  1. 1 Whether the court can appoint a curator ad litem for a party of unsound mind without a competent motion
  2. 2 Whether information before the court is sufficient to justify appointment of curator ad litem

Ratio Decidendi

The court may appoint a curator ad litem for a party of unsound mind based on information before it, ex proprio motu, without requiring a competent motion.

Court Disposition

Curator ad litem appointed for pursuer.

Orders

  • Allows amendment of the instance of the summons as proposed at the bar.
  • Appoints Kenneth M. Christine, Advocate, Edinburgh, as curator ad litem to the pursuer.