Caledonia Subsea Ltd v. Micoperi Srl [2004] ScotCS 274 (16 November 2004)

Caledonia Subsea Ltd v. Micoperi Srl [2004] ScotCS 274 (16 November 2004)

The defenders were unrepresented as their purported representative had no right of audience, and given their failure to cooperate and prior unsuccessful attempts to adjourn, decree by default was appropriate.

Citation
[2004] ScotCS 274
Parties
Pursuer: Caledonia Subsea Limited; Defender: Micoperi Srl
Jurisdiction
Scotland
Judgment Date
16 November 2004
Procedural Posture
Commercial Action / Decree by Default After Proof Before Answer Was Scheduled and Defenders Unrepresented
Outcome
Decree by default granted in favour of pursuers on all four conclusions of the summons.
Legal Topics
Decree by Default, Right of Audience, Jurisdiction, Representation by Foreign Lawyers
Civil Procedure Commercial Law Decree by Default Right of Audience Jurisdiction Representation by Foreign Lawyers

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Parties

Caledonia Subsea Limited

Pursuer

Micoperi Srl

Defender

Procedural Posture

Commercial Action / Decree by Default After Proof Before Answer Was Scheduled and Defenders Unrepresented

Legal Issues

  1. 1 Whether the defenders could be represented by an unregistered Italian lawyer
  2. 2 Whether decree by default should be granted against unrepresented defenders

Ratio Decidendi

The defenders were unrepresented as their purported representative had no right of audience, and given their failure to cooperate and prior unsuccessful attempts to adjourn, decree by default was appropriate.

Court Disposition

Decree by default granted in favour of pursuers on all four conclusions of the summons.

Orders

  • Decree by default pronounced for pursuers on all four conclusions.
  • Interest on sums in first two conclusions from 9 May 2000 at 8% per annum.