Bennett v. The Scottish Downs Syndrome Association & Ors [2005] ScotCS CSIH_44 (03 June 2005)

Bennett v. The Scottish Downs Syndrome Association & Ors [2005] ScotCS CSIH_44 (03 June 2005)

The Sheriff Principal did not err in refusing the appeals as he considered the explanation for default and was not required to consider the limitation issue, which was not raised before him.

Citation
[2005] ScotCS CSIH_44
Parties
Pursuer and Appellant: Robert Anderson Bennett; First Defender and Respondent: The Scottish Down's Syndrome Association; Second Defender and Respondent: Aberdeen City Council; Third Defender and Respondent: Grampian Police
Jurisdiction
Scotland
Judgment Date
03 June 2005
Procedural Posture
Appeal / Appeal From Sheriff Principal's Decision Refusing Appeals Against Dismissal of Actions for Default
Outcome
Appeals refused
Legal Topics
Default Judgment, Lodging of Records, Personal Injury, Limitation of Actions
Civil Procedure Default Judgment Lodging of Records Personal Injury Limitation of Actions

Case Brief

Summary, issues, holding and outcome

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Parties

Robert Anderson Bennett

Pursuer and Appellant

The Scottish Down's Syndrome Association

First Defender and Respondent

Aberdeen City Council

Second Defender and Respondent

Grampian Police

Third Defender and Respondent

Procedural Posture

Appeal / Appeal From Sheriff Principal's Decision Refusing Appeals Against Dismissal of Actions for Default

Legal Issues

  1. 1 Whether the Sheriff Principal erred in exercising discretion to refuse appeals against dismissal for failure to lodge records
  2. 2 Whether explanation for failure to lodge records was properly considered
  3. 3 Whether potential time-bar under Prescription and Limitation (Scotland) Act 1973 should have been considered

Ratio Decidendi

The Sheriff Principal did not err in refusing the appeals as he considered the explanation for default and was not required to consider the limitation issue, which was not raised before him.

Court Disposition

Appeals refused

Orders

  • Appeals refused; interlocutors of the Sheriff Principal adhered to