Cultural & Educational Development Association Of Scotland & Anor v Glasgow City Council [2008] ScotCS CSIH_23 (06 March 2008)

Cultural & Educational Development Association Of Scotland & Anor v Glasgow City Council [2008] ScotCS CSIH_23 (06 March 2008)

A voluntary association is not a natural person and cannot represent itself in court; initial writs at the instance of a voluntary association must be signed by a solicitor; failure to comply with this requirement renders the writ a nullity and is not curable under OCR 2.1(1).

Citation
[2008] ScotCS CSIH_23
Parties
Pursuer and Appellant: Cultural and Educational Development Association of Scotland; Pursuer and Appellant: Glasgow Eid Mela; Defender and Respondent: Glasgow City Council
Jurisdiction
Scotland
Judgment Date
06 March 2008
Procedural Posture
Civil Appeal / Appeal From Sheriff Principal to Inner House, Court of Session
Outcome
appeals refused
Legal Topics
Representation of Voluntary Associations, Requirements for Signature of Initial Writs, Curability of Procedural Defects, Race Relations Act 1976
Civil Procedure Discrimination Law Representation of Voluntary Associations Requirements for Signature of Initial Writs Curability of Procedural Defects Race Relations Act 1976

Case Brief

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Parties

Cultural and Educational Development Association of Scotland

Pursuer and Appellant

Glasgow Eid Mela

Pursuer and Appellant

Glasgow City Council

Defender and Respondent

Procedural Posture

Civil Appeal / Appeal From Sheriff Principal to Inner House, Court of Session

Legal Issues

  1. 1 Whether a voluntary association may represent itself in ordinary civil proceedings in the sheriff court
  2. 2 Whether initial writs signed by members or officers of a voluntary association are valid
  3. 3 Whether non-compliance with signature requirements is a fundamental nullity or curable under OCR 2.1(1)

Ratio Decidendi

A voluntary association is not a natural person and cannot represent itself in court; initial writs at the instance of a voluntary association must be signed by a solicitor; failure to comply with this requirement renders the writ a nullity and is not curable under OCR 2.1(1).

Court Disposition

appeals refused

Orders

  • Both appeals refused.