JOHNSTONE, ALISTAIR JOHNSTONE AND DUNEDIN DESIGN LIMITED AGAINST DR SUSAN MARJORY SHEPHERD [2018] ScotCS CSOH_129 (13 December 2018)

JOHNSTONE, ALISTAIR JOHNSTONE AND DUNEDIN DESIGN LIMITED AGAINST DR SUSAN MARJORY SHEPHERD [2018] ScotCS CSOH_129 (13 December 2018)

Mr Johnstone could not represent Dunedin Design Limited because the company could afford legal representation and Mr Johnstone had a personal interest as the first pursuer. As Dunedin Design Limited failed to appear or be represented by a solicitor, the court exercised its discretion to dismiss the action at its instance.

Citation
[2018] ScotCS CSOH_129
Parties
Pursuer: Alistair Johnstone; Pursuer: Dunedin Design Limited; Defender: Dr Susan Marjory Shepherd
Jurisdiction
Scotland
Judgment Date
13 December 2018
Procedural Posture
Civil / Procedural Hearing (legal Debate on Representation and Motion to Dismiss)
Outcome
Action dismissed as at the instance of Dunedin Design Limited.
Legal Topics
Lay Representation, Company Representation in Court, Dismissal for Default, Court Discretion
Civil Procedure Company Law Lay Representation Company Representation in Court Dismissal for Default Court Discretion

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 2 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Alistair Johnstone

Pursuer

Dunedin Design Limited

Pursuer

Dr Susan Marjory Shepherd

Defender

Procedural Posture

Civil / Procedural Hearing (legal Debate on Representation and Motion to Dismiss)

Legal Issues

  1. 1 Whether Mr Johnstone can represent Dunedin Design Limited as a lay representative under section 97 of the Courts Reform (Scotland) Act 2014
  2. 2 Whether the action at the instance of Dunedin Design Limited should be dismissed for failure to appear and lack of representation

Ratio Decidendi

Mr Johnstone could not represent Dunedin Design Limited because the company could afford legal representation and Mr Johnstone had a personal interest as the first pursuer. As Dunedin Design Limited failed to appear or be represented by a solicitor, the court exercised its discretion to dismiss the action at its instance.

Court Disposition

Action dismissed as at the instance of Dunedin Design Limited.

Orders

  • Refusal of Mr Johnstone's application to represent Dunedin Design Limited as a lay representative.
  • Dismissal of the action so far as raised by Dunedin Design Limited.