East Ayrshire Council v. Robertson+ & Anor [2006] ScotSC 80 (28 July 2006)

East Ayrshire Council v. Robertson+ & Anor [2006] ScotSC 80 (28 July 2006)

There was no evidence of bad faith or irregularity in the issuing of the extract decree. The decree was ex facie valid, and the second defender failed to show mistake, oversight, or excusable cause for not appealing in time. The general rule that no appeal lies against an extracted interlocutor applies. The motion to allow a late appeal is refused.

Citation
[2006] ScotSC 80
Parties
Pursuer: East Ayrshire Council; First Defender: Alan Robertson; Second Defender: Deborah Robertson
Jurisdiction
Scotland
Judgment Date
28 July 2006
Procedural Posture
Civil (council Tax Recovery) / Appeal Against Refusal to Allow Late Appeal of Extracted Decree
Outcome
Motion refused; appeal not allowed to proceed out of time.
Legal Topics
Council Tax Liability, Decree in Absence, Appeals Procedure, Extracted Interlocutor, Dispensing Power, Bad Faith Allegations
Civil Procedure Local Government Law Council Tax Liability Decree in Absence Appeals Procedure Extracted Interlocutor Dispensing Power Bad Faith Allegations

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Parties

East Ayrshire Council

Pursuer

Alan Robertson

First Defender

Deborah Robertson

Second Defender

Procedural Posture

Civil (council Tax Recovery) / Appeal Against Refusal to Allow Late Appeal of Extracted Decree

Legal Issues

  1. 1 Whether a late appeal against an extracted decree in absence can be allowed under the Ordinary Cause Rules 1993
  2. 2 Whether the extract decree was issued improperly, incompetently, or in bad faith

Ratio Decidendi

There was no evidence of bad faith or irregularity in the issuing of the extract decree. The decree was ex facie valid, and the second defender failed to show mistake, oversight, or excusable cause for not appealing in time. The general rule that no appeal lies against an extracted interlocutor applies. The motion to allow a late appeal is refused.

Court Disposition

Motion refused; appeal not allowed to proceed out of time.

Orders

  • Second defender's motion to allow late appeal refused.
  • Second defender found liable to pursuers in expenses of the motion.