JAMES DUFF AGAINST PATRICK SHEARER [2014] ScotSC 78 (06 August 2014)

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Cite as: [2014] ScotSC 78

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2014 SCDUM 33

 

SHERIFFDOM OF SOUTH STRATHCLYDE DUMFRIES AND GALLOWAY AT DUMFRIES

 

SUMMARY APPLICATION UNDER THE LAWBURROWS ACTS 1429 AND 1581 AND SECTION 6 OF THE CIVIL IMPRISONMENT (SCOTLAND) ACT 1882

 

CASE    Ref. No.: B56/11

 

 

 

 

        

NOTE

by

 

 

 

SHERIFF GEORGE JAMIESON

 

 

 

in causa

 

 

 

 

                                                     JAMES DUFF

 

PURSUER

 

 

 

 

against

 

 

 

 

  PATRICK SHEARER, Chief Constable, Dumfries and Galloway Constabulary, Police

                             Headquarters, Cornwall Mount, Annan Road, Dumfries

 

DEFENDER

 

 

 

 

DUMFRIES:       APRIL 2011  

 

 

The Sheriff, having resumed consideration of the Summary Application, Sustains the Defender’s plea to the relevancy of the Pursuer’s application for lawburrows; Dismisses the application for lawburrows as irrelevant; Refuses as unnecessary the defender’s motion to dismiss or sist the action on the ground of lis alibi pendens; Finds the Pursuer liable to the Defender in the expenses arising in respect of the summary application in terms of Section 6(3) of the Civil Imprisonment (Scotland) Act 1882 as taxed; Directs those expenses to be modified by being reduced by 10% ; Certifies the cause as suitable for employment of Junior Counsel by the Defender; Allows the Defender to put in an Account of Expenses; Remits to the Auditor to tax those expenses and to report on that taxation.

 

 

Sheriff George Jamieson

 

 

 

NOTE:

 

INTRODUCTION

 

                                               

 

 

 

 

 

                         


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