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CaseCheck(tm) Case Law & Court Cases
Below are the most recent court cases & case law added to our case law database. Please use the links on the left to access the court cases & case law by case type. The CaseChecktm case law search facility allows you to search all cases from the Supreme Court, English Courts, Scottish Courts and European courts.
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Where possible we have linked our case summaries to the corresponding judgment on the Scottish Courts Website or Bailii. 

**All information pertaining to the Scottish Courts Judgements remains the subject of crown copyright but may be reproduced without formal permission or charge for personal or in-house use.
Bank of Scotland v Ross Bradbury – Edinburgh Sheriff Court, 21 January 2009
Location: Case TypesCivil Procedure    
Posted by: Catherine Hart 05/03/2009 19:49

In an action for recovery of possession of heritable property a Proof before Answer began in November 2001 before Sheriff Bell. Sheriff Bell retired in 2004 on medical grounds and was unfit for further duty. In these circumstances, it had to be decided whether the Sheriff who would hear the further Proof could have regard to the notes of the evidence already heard by Sheriff Bell and could continue from that point, or whether the case should be heard again from the beginning. An application had to be made to the Sheriff Principal for directions as to further procedure. The Sheriff Principal indicated that there was no reason why such directions should not give the Sheriff who takes over the Proof the ultimate decision on whether to proceed on the extended notes of evidence or whether to start afresh.  He did not think that the consent of the parties ought to be essential for the case to proceed in front of another Sheriff based on the notes of evidence. Much would depend on the nature of the evidence that had already been heard. In the present case, the Sheriff Principal assigned a diet for a Proof before Answer before a new Sheriff and he left it to the Sheriff to determine whether the evidence should be heard afresh or whether the extended notes would be relied on. That decision was to be made at a procedural diet before the PBA.
Court: Sheriff Court (Scotland)
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