WANDERERS WORLD LTD v. MARCOS LEISURE LTD [1999] ScotSC 5 (24th March, 1999)

The appeal was competent because the extract decree was issued irregularly while a purported appeal was pending; the pursuers' default was excusable and they have a statable claim, so the interests of justice require the action to proceed.

Citation: [1999] ScotSC 5
Parties: Pursuer: Wanderers World Limited; Defender: Marco's Leisure Limited
Jurisdiction: Scotland
Procedural Posture: Civil Appeal / Appeal Against Decree of Absolvitor Following Default at Peremptory Diet
Outcome: Appeal allowed; interlocutor of 28 October 1998 recalled.
Legal Topics: Default Judgment, Appeal Competence After Extract, Breach of Contract, Sheriff Court Procedure

Civil Procedure Contract Law Default Judgment Appeal Competence After Extract Breach of Contract Sheriff Court Procedure

Case Brief

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Parties

Wanderers World Limited

Pursuer

Marco's Leisure Limited

Defender

Procedural Posture

Civil Appeal / Appeal Against Decree of Absolvitor Following Default at Peremptory Diet

Legal Issues

1 Whether an appeal is competent after extract of decree
2 Whether the sheriff exercised discretion appropriately in granting decree of absolvitor by default
3 Whether the pursuers have a statable claim warranting further procedure

Ratio Decidendi

Court Disposition

Appeal allowed; interlocutor of 28 October 1998 recalled.

Orders

Appointed cause to further continued options hearing on 23 April 1999 at 10.00 a.m.
Found pursuers liable to defenders in expenses of the appeal; account to be taxed and reported by Auditor of Court.