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 defenders' motion (7/1), refuses part (1) of the motion as unnecessary; grants part (2) thereof; finds the pursuers liable to the defenders in the expenses of the caveat hearing on 2 September 2010 and this motion, as taxed; and decerns; allows an account thereof to be given in and remits same, when lodged, to the auditor of court to tax and to report.
[1] The defenders have enrolled a motion seeking (1) dismissal of the action and (2) expenses against the pursuers. The pursuers submit that the defenders' motion is incompetent.
(2) a dispute arose about the operation of a servitude right of access which the pursuers have over property belonging to, amongst others, the defenders;
(3) on 31 August 2010 the pursuers lodged an Initial Writ and sought a hearing before service to move for interim interdict against the defenders;
(5) a caveat hearing took place on 2 September 2010 at which the defenders' solicitor opposed the pursuers' motion;
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.