Buchan v. Grimaldi [1905] ScotLR 42_706 (06 July 1905)

Buchan v. Grimaldi [1905] ScotLR 42_706 (06 July 1905)

The Scottish Court has no jurisdiction over a foreigner who, at the date of raising the action, has left Scotland, even if he had resided continuously for forty days prior. Ownership of heritable property does not found jurisdiction if the property was disponed before service of summons, regardless of the purpose of disposition or any delay in serving the summons.

Citation
[1905] ScotLR 42_706
Parties
Pursuer: Jeannie Buchan; Defender: George Frederick Grimaldi
Jurisdiction
Scotland
Judgment Date
06 July 1905
Procedural Posture
Civil / Appeal (reclaiming Note) From Lord Ordinary's Interlocutor
Outcome
action dismissed for lack of jurisdiction
Legal Topics
Domicile, Residence, Foreign Parties, Heritable Property, Jurisdictional Requirements
Civil Procedure Jurisdiction Domicile Residence Foreign Parties Heritable Property Jurisdictional Requirements

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 19 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Jeannie Buchan

Pursuer

George Frederick Grimaldi

Defender

Procedural Posture

Civil / Appeal (reclaiming Note) From Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether the Scottish Court has jurisdiction over a foreigner who has left Scotland prior to the raising of an action, despite prior forty days' residence
  2. 2 Whether ownership and disposition of heritable property in Scotland immediately prior to action founds jurisdiction
  3. 3 Whether delay in serving summons due to defender's agent's request affects jurisdiction

Ratio Decidendi

The Scottish Court has no jurisdiction over a foreigner who, at the date of raising the action, has left Scotland, even if he had resided continuously for forty days prior. Ownership of heritable property does not found jurisdiction if the property was disponed before service of summons, regardless of the purpose of disposition or any delay in serving the summons.

Court Disposition

action dismissed for lack of jurisdiction

Orders

  • Refuse reclaiming-note
  • Affirm Lord Ordinary's interlocutor