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I am a party litigant (the pursuer) in an Ordinary Cause case in a Scottish Sheriff Court. Yesterday I opposed a motion for the recovery of documents. My opposition was successful and the case was thereafter sisted. Today I have had amended defences and a further motion for recovery of the same documents. What is the courts attitude likely to be to the defender's motion given there is no application to recall the sist. Am I obliged to respond to the defences although I will oppose the motion.
The motion does not ask to recall the sist which was granted on the defenders motion and which I did not oppose. I did oppose the recovery which failed to get through based on a point of law i.e. these were not even mentioned in the defences. The defences have now been lodged with further averments, but I understood that the case was sisted (as it is). What is then the point of a sist? What stops me or the defender from doing this every week, irrespective of the sist. I accept you don't know the specifics. Is it likely to succeed if my version is correct
The sist was based on another case that stood or failed on the same facts. He said it was prejudicial to continue whilst this was outstanding. I agree. IF the pursuer in that case failed (unlikely) I would not continue my action
sorry that case has concluded awating the sheriff's decision, likely to be some months off (submissions made Feb 2014)
The guy has another purpose for the documents but is saying that he is -"afraid" that the company, a well-respected telephone company will delete the information if not given promptly. You have more than done your job and I am well satisfied but if you had to speculate on an outcome or my approach what should it be
I am about to pay your fee so feel no compulsion to answer this. Your best guess on the limited information I have given you, will it wash with most sheriffs accepting the company won't delete the data