Scottish Court of Session Decisions

[1] Nothing said by the first named petitioner before us persuades us that the Lord Ordinary erred in the exercise of his discretion in refusing the motion for interim interdict on the ground that nothing either in the submissions before him, which were in large measure repeated before us, or in what was said in the petition itself disclosed any prima facie case of a threatened wrong by the respondents. There was no dispute that the Lord Ordinary had rehearsed the terms of the relevant correspondence accurately. That correspondence was properly before him. It sets out the circumstances in which the respondents came to issue the notice to quit to the second petitioner which is the subject of the present petition. Nothing said by the first named petitioner before us indicated that the offers of housing made by the respondents to the second-named petitioner were made otherwise than in the proper performance by the respondents of their statutory duties. Nor is there anything averred in the petition itself which relevantly sets out that the respondents were acting improperly or otherwise than in the exercise of their functions in terms of the relevant housing legislation.

[2] We have therefore refused the reclaiming motion. Accordingly, the petition will be remitted back to the Lord Ordinary to proceed as accords.

[3] We would add that nothing in this decision acts as a bar to any defence that may be available to the petitioners or either of them in the event that the respondents proceed to raise an action of removing consequent upon the service of the notice to quit upon the second petitioner.