How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask JGM Your Own Question
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11286
Experience:  30 years as a practising solicitor.
Type Your Scots Law Question Here...
JGM is online now
A new question is answered every 9 seconds

I made an error and am being pursued for breach of contract

This answer was rated:

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.
JGM and other Scots Law Specialists are ready to help you