Eileen Marie McArthur against Euan Robert McArthur and another (Sheriff Appeal Court Civil) [2025] SACCIV 31 (26 August 2025)

Eileen Marie McArthur against Euan Robert McArthur and another (Sheriff Appeal Court Civil) [2025] SACCIV 31 (26 August 2025)

The sheriff correctly applied the interests of justice test, found no adequate explanation for the default, and noted the appellant's pleadings did not disclose a proper claim. The sheriff's discretionary decision to grant decree by default was justified and not plainly wrong. The appeal was refused as the interests of justice did not require recall of the decree.

Citation
[2025] SACCIV 31
Parties
Pursuer and Appellant: Eileen Marie McArthur; First Defender and First Respondent: Euan Robert McArthur; Second Defender and Second Respondent: Catena Trustees Limited
Jurisdiction
Scotland
Judgment Date
26 August 2025
Procedural Posture
Civil Appeal / Appeal Against Decree by Default
Outcome
Appeal refused; sheriff's interlocutor adhered to.
Legal Topics
Decree by Default, Failure to Lodge Certified Record, Discretionary Decisions, Reduction of Standard Security and Promissory Notes, Interests of Justice
Civil Procedure Family Law Decree by Default Failure to Lodge Certified Record Discretionary Decisions Reduction of Standard Security and Promissory Notes Interests of Justice

Case Brief

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Parties

Eileen Marie McArthur

Pursuer and Appellant

Euan Robert McArthur

First Defender and First Respondent

Catena Trustees Limited

Second Defender and Second Respondent

Procedural Posture

Civil Appeal / Appeal Against Decree by Default

Legal Issues

  1. 1 Whether the sheriff erred in granting decree by default for failure to lodge a certified Record
  2. 2 Whether the interests of justice required relief from default
  3. 3 Whether the appellant's pleadings disclosed a proper claim

Ratio Decidendi

The sheriff correctly applied the interests of justice test, found no adequate explanation for the default, and noted the appellant's pleadings did not disclose a proper claim. The sheriff's discretionary decision to grant decree by default was justified and not plainly wrong. The appeal was refused as the interests of justice did not require recall of the decree.

Court Disposition

Appeal refused; sheriff's interlocutor adhered to.

Orders

  • Parties to lodge written submissions on expenses within 14 days.