V P Packaging Ltd v. ADF Partnership & Anor [2002] ScotCS 26 (29th January, 2002)

V P Packaging Ltd v. ADF Partnership & Anor [2002] ScotCS 26 (29th January, 2002)

Dismissal is not available where the procedural requirements of Rule of Court 29.1 have not been met, specifically where expenses are agreed without taxation and not paid within the specified period. In such circumstances, the only appropriate remedy is absolvitor, either under the rules or at common law.

Citation
[2002] ScotCS 26
Parties
Pursuer: V. P. Packaging Limited; Defender: The ADF Partnership; Defender: Ladbroke's Retail Parks Limited
Jurisdiction
Scotland
Procedural Posture
Civil Damages for Negligence / Motion for Absolvitor Following Abandonment and Expenses Settlement
Outcome
Absolvitor granted in favour of the first defenders; defenders assoilzied from the conclusions of the summons.
Legal Topics
Abandonment of Action, Expenses, Decree of Absolvitor, Decree of Dismissal, Court of Session Rules
Civil Procedure Abandonment of Action Expenses Decree of Absolvitor Decree of Dismissal Court of Session Rules

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Parties

V. P. Packaging Limited

Pursuer

The ADF Partnership

Defender

Ladbroke's Retail Parks Limited

Defender

Procedural Posture

Civil Damages for Negligence / Motion for Absolvitor Following Abandonment and Expenses Settlement

Legal Issues

  1. 1 Whether dismissal or absolvitor is appropriate where expenses are agreed without taxation and not paid within the time specified by the rules
  2. 2 Whether the court should exercise its dispensing power to allow dismissal despite non-compliance with procedural requirements

Ratio Decidendi

Dismissal is not available where the procedural requirements of Rule of Court 29.1 have not been met, specifically where expenses are agreed without taxation and not paid within the specified period. In such circumstances, the only appropriate remedy is absolvitor, either under the rules or at common law.

Court Disposition

Absolvitor granted in favour of the first defenders; defenders assoilzied from the conclusions of the summons.

Orders

  • First defenders' motion granted
  • First defenders assoilzied from the conclusions of the summons