Smith v. The International Development Company (Aberdeen) Ltd [2006] ScotSC 50 (26 May 2006)

The appeal was incompetent because the pursuer's note of appeal did not state any grounds of appeal as required by the Ordinary Cause Rules. Without grounds, the appeal could not proceed and was dismissed.

Citation: [2006] ScotSC 50
Parties: Pursuer and Appellant: John Smith; Defenders and Respondents: The International Development Company (Aberdeen) Limited
Jurisdiction: Scotland
Judgment Date: 26 May 2006
Procedural Posture: Civil Appeal / Appeal Against Interlocutor of Sheriff Dated 31 January 2005
Outcome: Appeal dismissed as incompetent. Sheriff Principal adheres to the interlocutor of the sheriff dated 31 January 2005.
Legal Topics: Competency of Appeal, Requirements for Grounds of Appeal, Ordinary Cause Rules

Civil Procedure Competency of Appeal Requirements for Grounds of Appeal Ordinary Cause Rules

Case Brief

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Parties

John Smith

Pursuer and Appellant

The International Development Company (Aberdeen) Limited

Defenders and Respondents

Procedural Posture

Civil Appeal / Appeal Against Interlocutor of Sheriff Dated 31 January 2005

Legal Issues

1 Whether the pursuer's appeal was competent in the absence of stated grounds of appeal

Ratio Decidendi

Court Disposition

Appeal dismissed as incompetent. Sheriff Principal adheres to the interlocutor of the sheriff dated 31 January 2005.

Orders

Pursuer and appellant found liable to the defenders and respondents in the expenses of the appeal.
Account of expenses to be given in and remitted to the auditor of court to tax and report.