Stewart Milne Group Ltd v. Ritchie [2009] ScotSC 12 (26 May 2009)

Stewart Milne Group Ltd v. Ritchie [2009] ScotSC 12 (26 May 2009)

The transaction in question, being the sale of property by a business engaged in property development, is of a commercial or business nature within the meaning of Chapter 40, regardless of the defender's status as a lay purchaser or consumer. The rules are intended to have broad scope and do not exclude such actions from being raised as commercial actions.

Citation
[2009] ScotSC 12
Parties
Pursuer: Stewart Milne Group Limited; Defender: Ewen Ritchie
Jurisdiction
Scotland
Judgment Date
26 May 2009
Procedural Posture
Commercial Action / Decision on Preliminary Plea to Competency
Outcome
Defender's first plea-in-law repelled; pursuer entitled to expenses of the debate.
Legal Topics
Competency of Commercial Actions, Definition of Commercial or Business Nature, Consumer Contracts, Sheriff Court Commercial Rules
Civil Procedure Commercial Law Competency of Commercial Actions Definition of Commercial or Business Nature Consumer Contracts Sheriff Court Commercial Rules

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Parties

Stewart Milne Group Limited

Pursuer

Ewen Ritchie

Defender

Procedural Posture

Commercial Action / Decision on Preliminary Plea to Competency

Legal Issues

  1. 1 Whether the action arises out of or is concerned with a transaction or dispute of a commercial or business nature within the meaning of Chapter 40 of the Ordinary Cause Rules
  2. 2 Whether a dispute between a commercial entity and a lay purchaser can competently be raised as a commercial action

Ratio Decidendi

The transaction in question, being the sale of property by a business engaged in property development, is of a commercial or business nature within the meaning of Chapter 40, regardless of the defender's status as a lay purchaser or consumer. The rules are intended to have broad scope and do not exclude such actions from being raised as commercial actions.

Court Disposition

Defender's first plea-in-law repelled; pursuer entitled to expenses of the debate.

Orders

  • Repels the defender's first plea-in-law.
  • Finds the defender liable to the pursuers in the expenses of the diet of debate.