Sheriff Courts (Scotland) Act 1907

Persons carrying on business under trading or descriptive name S

5.7. (1) A person carrying on a business under a trading or descriptive name may sue or be sued in such trading or descriptive name alone; and an extract—

(a) of a decree pronounced in the sheriff court, or

(b) of a decree proceeding upon any deed, decree arbitral, bond, protest of a bill, promissory note or banker’s note or upon any other obligation or document on which execution may proceed, recorded in the sheriff court books F1 . . .,

[F2 against such person under such trading or descriptive name shall be a valid] warrant for diligence against such person.

(2) An initial writ, decree, charge, warrant or any other order or writ following upon such initial writ or decree in a cause in which a person carrying on business under a trading or descriptive name sues or is sued in that name shall be served—

(a) at any place of business or office at which such business is carried on within the sheriffdom of the sheriff court in which the cause is brought; or

(b) where there is no place of business within that sheriffdom, at any place where such business is carried on (including the place of business or office of the clerk or secretary of any company, corporation or association or firm).

Textual Amendments

F1 Words in rule 5.7(1)(b) omitted (1.11.1996) by S.I. 1996/2445, para. 3(7)(a)

F2 Words in rule 5.7(1) substituted (1.11.1996) by S.I. 1996/2445, para. 3(7)(b)