Urquhart & Anor v. Sweeney & Ors [2004] ScotCS 69 (18 March 2004)

Urquhart & Anor v. Sweeney & Ors [2004] ScotCS 69 (18 March 2004)

The appeal is incompetent as it is directed at prior interlocutors following a decree by default, which cannot be reviewed. The appellant's pleadings are irrelevant and uncandid, and the proposed amendment is too late and unsupported by evidence. The tenancy has been established by decree and runs with the land. The appellant has no serious interest in the main issue and cannot challenge the tenancy on behalf of a third party.

Citation
[2004] ScotCS 69
Parties
Pursuers and Respondents: Hugh McBain Urquhart and Mrs Deanna Urquhart; First Defender and Appellant: Owen James Sweeney; Second Defender: Larkin Brae Horse Farm Limited; Third Defender: Andrew C Normand, The Queen's and Lord Treasurer's Remembrancer; Fourth Defender: Vastlands Properties Limited
Jurisdiction
Scotland
Judgment Date
18 March 2004
Procedural Posture
Appeal / Appeal From Interlocutor of Sheriff Principal Refusing Appeal Against Summary Decree and Decree by Default
Outcome
Appeal refused
Legal Topics
Agricultural Tenancy, Summary Decree, Decree by Default, Company Dissolution and Restoration, Right of Access, Procedural Default
Property Law Landlord and Tenant Law Civil Procedure Agricultural Tenancy Summary Decree Decree by Default Company Dissolution and Restoration Right of Access +1 more

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Parties

Hugh McBain Urquhart and Mrs Deanna Urquhart

Pursuers and Respondents

Owen James Sweeney

First Defender and Appellant

Larkin Brae Horse Farm Limited

Second Defender

Andrew C Normand, The Queen's and Lord Treasurer's Remembrancer

Third Defender

Vastlands Properties Limited

Fourth Defender

Procedural Posture

Appeal / Appeal From Interlocutor of Sheriff Principal Refusing Appeal Against Summary Decree and Decree by Default

Legal Issues

  1. 1 Whether the appeal against summary decree and decree by default is competent
  2. 2 Whether the appellant is entitled to challenge the existence of the respondents' tenancy
  3. 3 Whether the appellant's pleadings are sufficient to prevent summary decree

Ratio Decidendi

The appeal is incompetent as it is directed at prior interlocutors following a decree by default, which cannot be reviewed. The appellant's pleadings are irrelevant and uncandid, and the proposed amendment is too late and unsupported by evidence. The tenancy has been established by decree and runs with the land. The appellant has no serious interest in the main issue and cannot challenge the tenancy on behalf of a third party.

Court Disposition

Appeal refused

Orders

  • Appeal refused
  • Minute of amendment not allowed