DAVID JOHN KIRKHAM AGAINST SNEDDON MORRISON, SOLICITORS, LIVINGSTON [2015] ScotSC 46 (23 June 2015)

DAVID JOHN KIRKHAM AGAINST SNEDDON MORRISON, SOLICITORS, LIVINGSTON [2015] ScotSC 46 (23 June 2015)

An action for delivery of documents based on asserted ownership is ex facie competent as a summary cause in the Sheriff Court; the existence of alternative procedures does not render such an action incompetent.

Source-derived case information.

Parties
Appellant: David John Kirkham; Respondent: Sneddon Morrison, Solicitors Livingston
Jurisdiction
Scotland
Judgment Date
23 June 2015
Procedural Posture
Appeal / Appeal Decision
Outcome
Appeal allowed; interlocutor of 1 November 2013 recalled; cause remitted to sheriff at Livingston.
Legal Topics
Competency of Summary Cause, Delivery of Documents, Ownership of Solicitors' Files
Civil Procedure Property Law Competency of Summary Cause Delivery of Documents Ownership of Solicitors' Files

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Parties

David John Kirkham

Appellant

Sneddon Morrison, Solicitors Livingston

Respondent

Procedural Posture

Appeal / Appeal Decision

Legal Issues

  1. 1 Whether an action for delivery of documents can competently be brought by summary cause in the Sheriff Court
  2. 2 Whether existence of alternative procedures renders summary cause incompetent

Ratio Decidendi

An action for delivery of documents based on asserted ownership is ex facie competent as a summary cause in the Sheriff Court; the existence of alternative procedures does not render such an action incompetent.

Court Disposition

Appeal allowed; interlocutor of 1 November 2013 recalled; cause remitted to sheriff at Livingston.

Orders

  • Defenders liable to appellant in expenses of appeal and hearing of 1 November 2013.
  • Account of expenses to be lodged and remitted to Auditor of Court to tax and report.