small claims
case digest

Lynch & Co., -v- Bradley 1992 SCLR 373









 

Issue - Jurisdiction, consumer contracts and schedule 8, Civil Jurisdiction and Judgments Act 1982. P, a firm of solicitors sued D for non-payment of professional fees. D resided in Balloch, Dumbarton. But P sought to raise the action in Glasgow on the basis that this was where payment was due to be made.

The Sheriff held the supply of legal services fell within rule 3(1)(c) of schedule 8 of the Civil Jurisdiction and Judgments Act 1982. The defender was a 'consumer' within the meaning of rule 3(1), sched 8.

Accordingly, proceedings could only be brought in the courts for the place where the consumer was domiciled.

(Note: P's appeal to the Sheriff Principal was dismissed, but no written reasons were given; accordingly, this decision may only be persuasive authority in Glasgow).