Thomas v Santon Highlands Ltd [2015] ScotCS CSOH_67 (02 June 2015)

The pursuer's averments were not sufficiently relevant and specific to support the claims made on record; therefore, the action must necessarily fail and be dismissed.

Citation: [2015] ScotCS CSOH_67
Parties: Pursuer: Ian Thomas; Defender: Santon Highlands Limited; Defender: Second-named defender
Jurisdiction: Scotland
Judgment Date: 02 June 2015
Procedural Posture: Ordinary Action / Debate on Procedure Roll
Outcome: action dismissed
Legal Topics: Reduction of Missives, Rectification of Land Register, Relevancy of Pleadings

Property Law Civil Procedure Reduction of Missives Rectification of Land Register Relevancy of Pleadings

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 2 Party arguments 2 Amounts and remedies 1

Parties

Ian Thomas

Pursuer

Santon Highlands Limited

Defender

Second-named defender

Defender

Procedural Posture

Ordinary Action / Debate on Procedure Roll

Legal Issues

1 Whether the pursuer's averments are sufficiently relevant and specific to support the claims
2 Whether the action should be dismissed for lack of relevancy

Ratio Decidendi

The pursuer's averments were not sufficiently relevant and specific to support the claims made on record; therefore, the action must necessarily fail and be dismissed.

Court Disposition

action dismissed

Orders

sustain defender’s second plea-in-law
repel pursuer’s pleas-in-law