MICHAEL FOX AND AGNES FOX AGAINST UNITED BISCUITS (UK) LTD [2014] ScotSC 21 (19 June 2014)

The sheriff correctly found inordinate and inexcusable delay by the pursuers, and that such delay resulted in unfairness specific to the procedural and factual circumstances, justifying dismissal under OCR 15.7. The sheriff's reasoning and application of the rule were sound and cannot be faulted.

Citation: [2014] ScotSC 21
Parties: Pursuers: Michael Fox & Agnes Fox; Defenders: United Biscuits (UK) Ltd
Jurisdiction: Scotland
Judgment Date: 19 June 2014
Procedural Posture: Civil Appeal / Appeal Against Dismissal Under Ordinary Cause Rule 15.7
Outcome: Appeal refused; sheriff's interlocutor adhered to.
Legal Topics: Dismissal for Delay, Court Discretion, Unfairness From Procedural Delay

Civil Procedure Dismissal for Delay Court Discretion Unfairness From Procedural Delay

Case Brief

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Parties

Michael Fox & Agnes Fox

Pursuers

United Biscuits (UK) Ltd

Defenders

Procedural Posture

Civil Appeal / Appeal Against Dismissal Under Ordinary Cause Rule 15.7

Legal Issues

1 Whether the sheriff erred in dismissing the action for inordinate and inexcusable delay under OCR 15.7
2 Whether the delay resulted in unfairness specific to the factual and procedural circumstances

Ratio Decidendi

Court Disposition

Appeal refused; sheriff's interlocutor adhered to.

Orders

Pursuers found liable to defenders in expenses occasioned by the appeal.
Account of expenses to be given in and remitted to the auditor of court to tax and report.