The firm of Barry and Susan Peart and others v Promontoria (Henrico) Ltd

Civil procedure – Reclaiming motion – Competency. Court of Session: In a case in which the defender enrolled a motion for review of a Lord Ordinary's interlocutor granting interim interdict prior to the summons calling, the court repelled the pursuers' note of objection to the competency of the reclaiming motion and rejected their argument that, for the purposes of reclaiming, the reclaimer was not a 'party to a cause' in terms of r 38.1 of the Court of Session Rules when read with RCS 1.3 as it had neither entered appearance nor lodged a specified writ, holding that RCS 1.3 could not apply to a cause at any stage before the summons had been lodged for calling since its terms were incapable of being met until after that point: the fact that the summons had not called meant that the context required 'party' to mean something other than the definition in RCS 1.3.

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