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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 9985
Experience:  30 years as a practising solicitor.
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I made an error and am being pursued for breach of contract

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I made an error and am being pursued for breach of contract in the Scots courts.

In all my dealings, documentation and birth certificate I am identified as 'Stephen Armstrong'. But the pursuer has elected to cite a 'Steven Armstrong', even though the contract says the former.

For contractual reasons it is necessary that the pursuer gets their writ in on time. Can I return the writ to the Sheriff Court and say no such person here? The intention being that the persuer has to issue a fresh summons which hopefully miss the window of opportunity they have.
Thank you for your question.

Return the writ to the court with "no Steven Armstrong at this address" on the envelope. Don't sign it. Send it back to court. See what happens.

Normal procedure would be that you would refuse delivery on the basis of the wrong name and sheriff officers would then try to deliver the writ.

Note that they can apply to the court to amend your designation rather than issue a fresh summons but in Scotland any timebar is determined by the date of valid service.

I hope this helps. Please remember to leave a positive rating so that I am credited for my time.
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