Tods Murray WS v Arakin Ltd [2001] ScotCS 87 (10 April 2001)

Tods Murray WS v Arakin Ltd [2001] ScotCS 87 (10 April 2001)

The Rules of Court and the Court of Session Act 1988 do not permit assignees to be sisted as parties to pursue a counter-claim in place of the defender; counter-claim procedure is limited to defenders and does not extend to third parties.

Citation
[2001] ScotCS 87
Parties
Pursuer: Tods Murray, W. S.; Defender: Arakin Limited; Proposed Minuter/reclaimer: Martin Frost; Proposed Minuter/reclaimer: Andrew McNamara
Jurisdiction
Scotland
Judgment Date
10 April 2001
Procedural Posture
Reclaiming Motion / Appeal Against Interlocutor Refusing Motion to Sist Assignees in Counter Claim
Outcome
reclaiming motion refused
Legal Topics
Counter Claim, Assignation of Claim, Party Sisting
Civil Procedure Counter Claim Assignation of Claim Party Sisting

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Parties

Tods Murray, W. S.

Pursuer

Arakin Limited

Defender

Martin Frost

Proposed Minuter/reclaimer

Andrew McNamara

Proposed Minuter/reclaimer

Procedural Posture

Reclaiming Motion / Appeal Against Interlocutor Refusing Motion to Sist Assignees in Counter Claim

Legal Issues

  1. 1 Whether assignees can be sisted as parties to pursue a counter-claim in place of the defender
  2. 2 Whether counter-claim procedure allows third parties to maintain claims

Ratio Decidendi

The Rules of Court and the Court of Session Act 1988 do not permit assignees to be sisted as parties to pursue a counter-claim in place of the defender; counter-claim procedure is limited to defenders and does not extend to third parties.

Court Disposition

reclaiming motion refused

Orders

  • motion to sist assignees in counter-claim refused
  • expenses decerned against Mr. Frost and Mr. McNamara