ISABELLA PRIMROSE SMITH LEIGHTON or HARDIE v. CATHEL H MORRISON & JOHN H FERRIS [2012] ScotSC 76 (10 July 2012)

ISABELLA PRIMROSE SMITH LEIGHTON or HARDIE v. CATHEL H MORRISON & JOHN H FERRIS [2012] ScotSC 76 (10 July 2012)

The appeal is refused because the sheriff correctly applied OCR 15.7, finding inordinate and inexcusable delay resulting in unfairness, and the imprescriptible nature of the obligation does not preclude dismissal for procedural delay.

Citation
[2012] ScotSC 76
Parties
Pursuer and Appellant: Isabella Primrose Smith Leighton or Hardie; Defender and Respondent: Cathel H Morrison; Defender and Respondent: John H Ferris
Jurisdiction
Scotland
Judgment Date
10 July 2012
Procedural Posture
Appeal Against Dismissal of Action Under Ordinary Cause Rule 15.7 / Appeal Judgment
Outcome
Appeal refused; sheriff's interlocutors adhered to.
Legal Topics
Delay in Prosecution, Dismissal for Want of Prosecution, Imprescriptible Obligations, Fiduciary Duty, Expenses in Appeal
Civil Procedure Partnership Law Trusts and Fiduciary Duties Delay in Prosecution Dismissal for Want of Prosecution Imprescriptible Obligations Fiduciary Duty Expenses in Appeal

Case Brief

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Parties

Isabella Primrose Smith Leighton or Hardie

Pursuer and Appellant

Cathel H Morrison

Defender and Respondent

John H Ferris

Defender and Respondent

Procedural Posture

Appeal Against Dismissal of Action Under Ordinary Cause Rule 15.7 / Appeal Judgment

Legal Issues

  1. 1 Whether inordinate and inexcusable delay in progressing action justifies dismissal under OCR 15.7
  2. 2 Whether imprescriptible obligations are exempt from dismissal for delay
  3. 3 Whether documentary evidence alone can resolve the claim for £10,000

Ratio Decidendi

The appeal is refused because the sheriff correctly applied OCR 15.7, finding inordinate and inexcusable delay resulting in unfairness, and the imprescriptible nature of the obligation does not preclude dismissal for procedural delay.

Court Disposition

Appeal refused; sheriff's interlocutors adhered to.

Orders

  • Appeal certified as suitable for junior counsel.
  • Pursuer and appellant found liable to first defender and respondent in expenses of appeal.