Mullan v. Les Brodie Transport Ltd [2005] ScotCS CSIH_9 (21 January 2005)
The sheriff was entitled, in the circumstances, to grant decree of absolvitor for the appellant's failure to comply with the order to lodge an updated record, and there was no error in law or unreasonable exercise of discretion warranting appellate interference.
- Citation
- [2005] ScotCS CSIH_9
- Parties
- Pursuer and Appellant: Jean Mullan; Defenders and Respondents: Les Brodie Transport Limited
- Jurisdiction
- Scotland
- Judgment Date
- 21 January 2005
- Procedural Posture
- Appeal / Appeal From Sheriff Principal to Inner House, Court of Session
- Outcome
- Appeal refused
- Legal Topics
- Default Judgment, Decree of Absolvitor, Failure to Comply With Court Order, Quantification of Damages, Abuse of Process
Case Brief
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Parties
Jean Mullan
Pursuer and Appellant
Les Brodie Transport Limited
Defenders and Respondents
Procedural Posture
Appeal / Appeal From Sheriff Principal to Inner House, Court of Session
Legal Issues
- 1 Whether the sheriff erred in granting decree of absolvitor for failure to lodge an updated record as ordered
- 2 Whether the sheriff exercised his discretion properly under Rule 16.2 of the Ordinary Cause Rules
Ratio Decidendi
The sheriff was entitled, in the circumstances, to grant decree of absolvitor for the appellant's failure to comply with the order to lodge an updated record, and there was no error in law or unreasonable exercise of discretion warranting appellate interference.
Court Disposition
Appeal refused
Orders
- Refusal of appeal against decree of absolvitor
- No further orders made
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