Sheriff Court case relating to the service of a calling up notice by sheriff officer. The notice was posted through the door by the sheriff officer having established that the debtor (Mr Stevenson) lived at the address and given 6 audible knocks (in accordance with the rules of court).

Mr Stevenson argued that, as the notice had been not served on the Defender personally and had been put through the letter box, the bank had failed to serve it properly in terms of the Conveyancing and Feudal Reform(Scotland) Act 1970 (section 19(6)). Mr Stevenson contended that the bank’s action under the 1970 Act should therefore be dismissed.

Sheriff George Jamieson found that s19(6) of the 1970 Act permits certain methods of service but does not contain exhaustive provisions on the service of calling up notices. A sheriff officer was entitled to serve the notice acting in his official capacity as an officer of court in accordance with the rules for citation set out in the relevant legislation and rules of court. Consequently, Mr Stevenson’s motion to dismiss the action was refused.

The full judgement is available from Scottish Courts here.

All of our property and conveyancing case summaries are contained in the LKS Property and Conveyancing Casebook here.