The Scottish Ministers v Johar Javed Mirza and Lima Properties Ltd [2014] ScotCS CSIH_103 (25 November 2014)

The Scottish Ministers v Johar Javed Mirza and Lima Properties Ltd [2014] ScotCS CSIH_103 (25 November 2014)

Lima Properties Limited did not enter appearance or lodge answers and therefore does not satisfy the definition of 'party' for the purposes of reclaiming under the Court of Session Rules; the reclaiming motion is incompetent.

Citation
[2014] ScotCS CSIH_103
Parties
Petitioner and Respondent: The Scottish Ministers; First Respondent: Johar Javed Mirza; Reclaimer: Lima Properties Limited
Jurisdiction
Scotland
Judgment Date
25 November 2014
Procedural Posture
Competency Hearing on Reclaiming Motion / Inner House, Court of Session, Extra Division
Outcome
reclaiming motion refused
Legal Topics
Competency of Reclaiming Motion, Definition of Party, Proceeds of Crime Act 2002, Court of Session Act 1988
Civil Procedure Criminal Law Competency of Reclaiming Motion Definition of Party Proceeds of Crime Act 2002 Court of Session Act 1988

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Parties

The Scottish Ministers

Petitioner and Respondent

Johar Javed Mirza

First Respondent

Lima Properties Limited

Reclaimer

Procedural Posture

Competency Hearing on Reclaiming Motion / Inner House, Court of Session, Extra Division

Legal Issues

  1. 1 Whether Lima Properties Limited is entitled to reclaim the interlocutor of the Lord Ordinary dated 19 September 2014
  2. 2 Interpretation of 'party' for purposes of reclaiming under section 28 of the Court of Session Act 1988

Ratio Decidendi

Lima Properties Limited did not enter appearance or lodge answers and therefore does not satisfy the definition of 'party' for the purposes of reclaiming under the Court of Session Rules; the reclaiming motion is incompetent.

Court Disposition

reclaiming motion refused

Orders

  • reclaiming motion by Lima Properties Limited is incompetent and refused