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Courts Reform (Scotland) Act 2014

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This is the original version (as it was originally enacted).

43Jurisdiction over persons, etc.
This section has no associated Explanatory Notes

(1)Subsection (2) applies for the purpose of determining the jurisdiction of a sheriff in relation to any civil proceedings that may competently be dealt with by a sheriff.

(2)The proceedings may be brought before the sheriff of a particular sheriffdom if—

(a)the defender (or, where there is more than one defender, one of them) resides in the sheriffdom,

(b)the defender (or, where there is more than one defender, one of them) formerly resided in the sheriffdom for at least 40 days and the defender—

(i)has ceased to reside there for fewer than 40 days, and

(ii)has no known residence in Scotland,

(c)the defender—

(i)carries on business in the sheriffdom,

(ii)has a place of business in the sheriffdom, and

(iii)is cited in the sheriffdom, either personally or at the place of business,

(d)where the defender is not otherwise subject to the jurisdiction of any court in Scotland, there has been arrested in the sheriffdom—

(i)a ship or vessel of which the defender is an owner or part-owner, demise charterer or master, or

(ii)goods, debts, money or other moveable property belonging to the defender,

(e)any property of which the defender is (either individually or as trustee) the owner, part-owner, tenant or joint tenant is located in the sheriffdom and the proceedings relate to such property or to the defender’s interest in it,

(f)in proceedings for interdict, the alleged wrong is being committed or threatened to be committed in the sheriffdom,

(g)in proceedings relating to a contract—

(i)the place of execution or performance of the contract is located in the sheriffdom, and

(ii)the defender is personally cited in the sheriffdom,

(h)in actions of furthcoming or multiplepoinding—

(i)the fund or property that is the subject of the proceedings is located in the sheriffdom, or

(ii)the sheriff otherwise has jurisdiction over the arrestee or holder of the fund or property that is the subject of the proceedings,

(i)the party sued is the pursuer in any proceedings pending in the sheriffdom against the party suing,

(j)where the proceedings are founded in delict, the delict was committed in the sheriffdom,

(k)the defender has prorogated the jurisdiction of the sheriff or courts of the sheriffdom.

(3)Subsection (2) is subject to—

(a)section 8 of, and Schedule 1B to, the Domicile and Matrimonial Proceedings Act 1973,

(b)the Civil Jurisdiction and Judgments Act 1982,

(c)Chapter 3 of Part 1 of the Family Law Act 1986, and

(d)any other enactment or rule of law that applies for the purpose of determining the jurisdiction of a sheriff in relation to persons or subject-matter.

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