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Craig McIntosh v. First Glasgow Limited [2009] CSOH NUMBER117


Motion to remit to Sheriff Court:- In this ordinary action the pursuer sought damages of £9,000 in respect of damage caused to his motor vehicle following a collision with a bus driven by an employee of the defenders. Liability was not disputed by the defenders and the only issue related to the reasonableness of the sum concluded for. Here the defenders enrolled a motion to remit the cause to Glasgow Sheriff Court in terms of Section 14 of the Law Reform (Miscellaneous) Provisions (Scotland) Act 1985 and Rule of the Court of Session 32.1. The motion was opposed on behalf of the pursuers. It was submitted on behalf of the defenders that it was a straightforward case and it was likely that a proof would be fixed before the end of the year if the action was remitted to the Sheriff Court whereas if the action remained in the Court of Session it was unlikely that a proof date would be available earlier than 2010 and the expense of litigating there would be less. It was submitted on behalf of the pursuer that it was insufficient reason to make a remit to the Sheriff Court on the basis that the procedure there would be quicker and cheaper because that would be the same in every motion to remit under section 14. Here the court considered the nature of the action in deciding whether to remit to the Sheriff Court.