Generate a structured brief — facts, issues, held, reasoning, and significance — for this case in seconds. Or browse the verbatim judgment via the source links below.
The Sheriff, having resumed consideration of the cause, sustains the fourth plea in law for the defender, holds the action to be incompetent and grants decree of dismissal; appoints parties or their agents to be heard on all questions of expenses arising and assigns
Mr. Thomson, for the pursuers, recognised that the starting point for him in submitting that the court did have jurisdiction in this cause was that the onus of demonstrating that rested upon him and that, to discharge that onus, he required to found on the provisions of Schedule 8, para 2(8) which provides:-
" (8) where he is not domiciled in the United Kingdom, in the courts for the place where-
(b) any immoveable property in which he has any beneficial interest is situated."
He further accepted on the basis of the facts as I have hereinbefore recorded them that there was no contractual relationship between the parties and therefore no proper basis under para. 2(2) of Schedule 8 on which to found jurisdiction.
Auto-extracted from BAILII. Full structured brief in progress — the source links below give you the verbatim judgment in the meantime.
Multiple official and mirror sources — pick whichever loads cleanly on your network.
Common Room
0 comments · About the Common Room →
No comments yet — start the discussion.
Voted-best comments help future students and feed Caselaw's AI study tools.