On 19 March the case was called before the Extra Division when the parties lodged a joint minute disposing of the action. Both parties agreed that no expenses should be found due to or by either party. Here the question arose as to whether the court should make an order against either or both of the parties of the kind made by the First Division in Billig and Anr v The Council of the Law Society of Scotland. The Extra Division remitted the case to a court of five judges to consider the competenc ...
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A Sheriff Officer applied for an order against a third party under Section 21(11) of the Debt Arrangement and Attachment (Sc) Act 2002 to have a sum consigned into Court. The creditor, Aberdeen City Council, had obtained a summary warrant against the debtor, Rage Electronics Limited, and had instructed Sheriff Officers to execute an attachment of goods at the debtor’s premises. Before the items were uplifted from the premises, it was discovered that a significant number of the goods were n ...
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Caution:- On 1 October 2008, the pursuers were ordered to find caution for expenses for £25,000 within 21 days "in a form to be agreed between the parties, which failing the case to be brought back to court in order that said form be decided by the court". Here the pursuers argued that caution should be given by their placing the sum of £25,000 in a joint deposit account in the names of solicitors acting for both parties pending decree or settlement. On behalf of the def ...
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Debate-at instance of pursuers. Their plea was to the relevancy and specification of certain averments made by the first defender. Action for recovery of £1,190,921.49 from the defenders jointly and severally as a partnership, arising out of borrowings. The first defender avered that he was not in partnership. He made several averments about the third defender. He avered that the third defender had committed fraud against the pursuers by use of accounts in the names of Edmund Keane and Jimmy Jon ...
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The Pursuers/Respondents raised proceedings against the Defender/Appellant for payment of two sums. The Pursuers adjusted their pleadings, eventually reducing the amount sued for significantly. They did not formally amend the craves, however, although they lodged a Record in which the craves reflected the reduced sum sued for. The Defender's solicitors withdrew from acting and there was no appearance by or on behalf of the Defender at the peremptory diet. The Sheriff granted Decree by defau ...
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The Pursuer entered into a hire purchase agreement with the Defenders in relation to a car. 3 months later she signed a Trust Deed. She then raised proceedings seeking an order in terms of the Consumer Credit Act 1974, section 140B(1)(e) to set aside the duties imposed on her under the hire purchase agreement, including repayment of the sums she had paid and the return of ownership of the car to her. The Defenders counterclaimed for delivery of the car and for interdict to prevent the Pursu ...
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This decision concerned the issue of expenses following the Sheriff’s decision on 23 April 2008 (see Casecheck summary). The First Defenders sought the expenses of the action against the Pursuers on an agent/client basis, rather than a party/party basis, arguing that the conduct of the litigation was such that expenses should not be restricted to the judicial scale. They put forward a number of arguments in support of this motion. It was submitted that the Defenders had ...
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The Pursuer sought damages for losses sustained as a result of the Defenders’ alleged failure to clear pathways of snow and ice. The Pursuer sought to amend the Record. The Defenders opposed the amendments insofar as they attempted to introduce new matters at a late stage in the procedure. The Minute of Amendment contained averments about a previous accident and the Sheriff decided that the Defenders’ objection to that amendment was well founded. It was absurd to expect the Defenders ...
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Following the discharge of a Proof, the parties agreed that the Defenders should meet the expenses of the discharged Diet. The Pursuer’s Account of Expenses was taxed by the Auditor and the Defenders lodged a lengthy Note of Objections seeking substantial abatements of the expenses. Among other points, they argued that the Pursuer was only entitled to expenses necessitated by the discharge of the Proof and not items that could properly be regarded as for the general furtherance of his case ...
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This decision related to whether the author of a number of reports, Dr Kevin Irvine, should be certified as a skilled witness. The issue arose in several personal injury actions in which damages were sought because of prison conditions and the effect of those conditions on prisoners (often referred to as “slopping out” cases). Dr Irvine had produced two styles of report and the vast bulk of each report was broadly similar. Dr. Irvine described himself as a 'medico-legal co ...
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