RICHARD ANDERSON AS EXECUTOR DATIVE OF THE LATE MAJOR W.A. ANDERSON v. NICHOLSON BROS & SHETLAND ISLANDS COUNCIL

Richard Anderson as Executor Dative of the late Major W A Anderson, the Sea Chest, East Voe, Scalloway, Shetland ZE1 0US

1.2 This action follows upon an earlier small claim action involving the same parties and broadly the same problem and in which, following a proof, my predecessor in this court, Sheriff Napier, assoilzied the first defenders here and found the second defenders here liable in damages to the pursuer in the sum of £700.

1.4 On 27 March 2007 the sheriff, on the motion of all three defenders, directed that the claim be treated as an ordinary cause in terms of section 37(2C) of the Sheriff Court (Scotland) Act 1971 and rule 15.2 of the Small Claims Rules 2002. By the same interlocutor the sheriff sisted the cause pending the determination of proceedings for judicial review which had been commenced by Mr Anderson's mother in the Court of Session on the day before the small claim summons had been lodged.

1.7 The pursuer duly lodged a new record which is number 19 of process. Neither this record nor the original record number 14 of process was certified by the pursuer as required by ordinary cause rule 9.11(2). This is important both because it put the pursuer in default and also because the first and second defenders claim, and it is accepted by the pursuer, that there are averments in the record number 19 of process which were never intimated to them during the adjustment period.

1.8 On 16 January 2014, the pursuer lodged a motion seeking leave to allow him to sue, additionally, as executor of his mother, who had by then died, and seeking to lodge a minute of amendment to amend the pleadings. This motion, which became 7/2 of process, was opposed by the first and second defenders.