BANK OF SCOTLAND v. IAN MITCHELL [2001] ScotSC 21 (8th November, 2001)

BANK OF SCOTLAND v. IAN MITCHELL [2001] ScotSC 21 (8th November, 2001)

The Sheriff held that the writ was illegally drafted by an unqualified person, and that the Scottish solicitors had improperly allowed their name to be associated with the process, contrary to the Solicitors (Scotland) Act 1980. Accordingly, a warrant for citation could not be granted.

Citation
[2001] ScotSC 21
Parties
Pursuer: Bank of Scotland; Defender: Ian Mitchell
Jurisdiction
Scotland
Procedural Posture
Ordinary Cause / Application for Warrant for Citation
Outcome
warrant for citation refused
Legal Topics
Drafting of Writs, Qualification of Solicitors, Agency Relationships in Litigation
Civil Procedure Legal Profession Regulation Drafting of Writs Qualification of Solicitors Agency Relationships in Litigation

Case Brief

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Parties

Bank of Scotland

Pursuer

Ian Mitchell

Defender

Procedural Posture

Ordinary Cause / Application for Warrant for Citation

Legal Issues

  1. 1 Whether a writ drafted by an unqualified person and presented by Scottish solicitors can be granted a warrant for citation under the Solicitors (Scotland) Act 1980 and related regulations.

Ratio Decidendi

The Sheriff held that the writ was illegally drafted by an unqualified person, and that the Scottish solicitors had improperly allowed their name to be associated with the process, contrary to the Solicitors (Scotland) Act 1980. Accordingly, a warrant for citation could not be granted.

Court Disposition

warrant for citation refused

Orders

  • Refusal to grant warrant for citation on the initial writ.