JENNERS OF EDINBURGH v. MS A.J. NORRIS (known as Bowler) [2001] ScotSC 8 (15th March, 2001)

JENNERS OF EDINBURGH v. MS A.J. NORRIS (known as Bowler) [2001] ScotSC 8 (15th March, 2001)

Counterclaims are not competent in small claim procedure as the Small Claim Rules 1988 do not provide for them, and only specified rules apply; absence of provision is deliberate and excludes counterclaims.

Citation
[2001] ScotSC 8
Parties
Pursuer/respondent: Jenners of Edinburgh; Defender/appellant: Ms A J Norris (known as Bowler)
Jurisdiction
Scotland
Procedural Posture
Appeal by Way of Stated Case in Small Claim / Appeal Against Dismissal of Counterclaim at Preliminary Hearing
Outcome
appeal refused
Legal Topics
Small Claims, Counterclaims, Court Rules
Civil Procedure Small Claims Counterclaims Court Rules

Case Brief

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Parties

Jenners of Edinburgh

Pursuer/respondent

Ms A J Norris (known as Bowler)

Defender/appellant

Procedural Posture

Appeal by Way of Stated Case in Small Claim / Appeal Against Dismissal of Counterclaim at Preliminary Hearing

Legal Issues

  1. 1 Is a counterclaim competent in small claim procedure under the Small Claim Rules 1988?

Ratio Decidendi

Counterclaims are not competent in small claim procedure as the Small Claim Rules 1988 do not provide for them, and only specified rules apply; absence of provision is deliberate and excludes counterclaims.

Court Disposition

appeal refused

Orders

  • Sheriff's interlocutor of 21 June 2000 adhered to
  • Defender and appellant found liable to pursuers and respondents in expenses of appeal