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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11753
Experience:  30 years as a practising solicitor.
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A Deputy Clerk to a Scottish Sheriff Court did not check The

Resolved Question:

A Deputy Clerk to a Scottish Sheriff Court did not check The Date of Death in an Application for Confirmation. The date inserted was wrongly inserted as the date of Registration of Death. and I had to go to the Court of Session for Reduction -- at a personal cost of about £3000. Would I have a claim in a Small Claims Court?
Submitted: 3 years ago.
Category: Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

Who put the wrong date in the application to start with? It is that person who is responsible.

Happy to discuss further.

Please leave a positive response so that I am credited for my time.
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Customer: replied 3 years ago.


So there was no negligence on the part of the Depute Clerk who passed the Application into a public document?

Expert:  JGM replied 3 years ago.
The clerk doesn't check the date of death as the death certificate doesn't form part of the papers that the clerk uses to issue confirmation. The person preparing the application insets the date of death and there is no duty on the court to check whether this is right or not. The executor signs the declaration as being correct.

So there is no negligence on the part of the court staff.