SHERIFFDOM OF LOTHIAN AND BORDERS AT EDINBURGH
 SC EDIN 16
NOTE BY OF SHERIFF KATHRINE EC MACKIE
In the cause
KYLE MOIR 38 Dean Terrace Lossiemouth Moray IV31 6LL
JOHN JAMES FORDYCE LYNDALE MEMSIE Aberdeenshire Fraserburgh AB43 7AW
KICHAM CHERIF COLLINBRAE St Gerardine’s Road Lossiemouth IV31 6RA
Pursuer: Pitts; Digby Brown, Solicitors, Edinburgh
Defender: Harrison; Flexlaw, Solicitors, Edinburgh
Third Party: Brotherhood; BLM Solicitors, Glasgow
EDINBURGH MARCH 2017
The Sheriff having resumed consideration of the pursuer’s opposed motion number 7/9 of process, grants same, finds that the pursuer sustained loss injury and damage as a result of the fault of the defender and decerns; reserves all questions of expenses meantime; assigns 23 March 2017 at 9:30am within the Sheriff Court House 27 Chambers Street Edinburgh as a hearing thereon and on the pursuer’s opposed motion number 7/8 of process.
17.2. (1) Subject to paragraphs (2) to (4), a party to an action may, at any time after defences have been lodged, apply by motion for summary decree in accordance with rule 15.1(1)(b) (lodging of motions) or rule 15A.7 (lodging unopposed motions by email) or rule 15A.8 (lodging opposed motions by email) as the case may be.
(2) An application may only be made on the grounds that—
(a) an opposing party’s case (or any part of it) has no real prospect of success; and
(b) there exists no other compelling reason why summary decree should not be granted at that stage.
(3) The party enrolling the motion may request the sheriff—
(a) to grant decree in terms of all or any of the craves of the initial writ or counterclaim;
(b) to dismiss a cause or to absolve any party from any crave directed against him or her;
(c) to pronounce an interlocutor sustaining or repelling any plea-in-law; or
(d) to dispose of the whole or part of the subject-matter of the cause.
(4) The sheriff may—
(a) grant the motion in whole or in part, if satisfied that the conditions in subparagraph (2) are met,
(b) ordain any party, or a partner, director, officer or office-bearer of any party—
(i) to produce any relevant document or article; or
(ii) to lodge an affidavit in support of any assertion of fact made in the pleadings or at the hearing of the motion.
(5) Notwithstanding the refusal of all or part of a motion for summary decree, a subsequent motion may be made where there has been a change in circumstances.
Section 10(2) of the Law Reform (Miscellaneous Provisions) Scotland Act 1968 provides:
“In any civil proceedings in which by virtue of this section a person is proved to have been convicted of an offence by or before any court in the United Kingdom or of a service offence—
(a) he shall be taken to have committed that offence unless the contrary is proved, and
(b) without prejudice to the reception of any other admissible evidence for the purposes of identifying the facts which constituted that offence, the contents of any document which is admissible as evidence of the conviction, and the contents of the complaint, information, indictment or charge-sheet on which the person in question was convicted, shall be admissible in evidence for that purpose.”