SOUTH LANARKSHIRE COUNCIL v. EDWARD GEORGE [2013] ScotSC 60 (12 September 2013)

SOUTH LANARKSHIRE COUNCIL v. EDWARD GEORGE [2013] ScotSC 60 (12 September 2013)

The sheriff was entitled to conclude, based on the defender's instructions to his solicitor and subsequent absence, that the defender did not wish to insist on or advance any argument about reasonableness. There was no prima facie defence requiring further enquiry. The sheriff exercised discretion reasonably in granting decree by default and ordering recovery of possession.

Citation
[2013] ScotSC 60
Parties
Pursuer and Respondent: South Lanarkshire Council; Defender and Appellant: Edward George
Jurisdiction
Scotland
Judgment Date
12 September 2013
Procedural Posture
Summary Cause Appeal by Stated Case / Appeal Against Sheriff's Discretionary Decision to Grant Decree by Default and Order Recovery of Possession
Outcome
Appeal refused; sheriff's interlocutor adhered to.
Legal Topics
Eviction, Breach of Tenancy Agreement, Decree by Default, Reasonableness in Possession Orders, Misuse of Drugs, Discretion of the Court
Landlord and Tenant Housing Law Civil Procedure Eviction Breach of Tenancy Agreement Decree by Default Reasonableness in Possession Orders Misuse of Drugs +1 more

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Parties

South Lanarkshire Council

Pursuer and Respondent

Edward George

Defender and Appellant

Procedural Posture

Summary Cause Appeal by Stated Case / Appeal Against Sheriff's Discretionary Decision to Grant Decree by Default and Order Recovery of Possession

Legal Issues

  1. 1 Whether the sheriff erred in granting decree by default without further enquiry into the defender's absence
  2. 2 Whether the sheriff failed to consider the reasonableness of granting a possession order under section 16(2) of the Housing (Scotland) Act 2001
  3. 3 Whether there was a prima facie defence requiring judicial investigation

Ratio Decidendi

The sheriff was entitled to conclude, based on the defender's instructions to his solicitor and subsequent absence, that the defender did not wish to insist on or advance any argument about reasonableness. There was no prima facie defence requiring further enquiry. The sheriff exercised discretion reasonably in granting decree by default and ordering recovery of possession.

Court Disposition

Appeal refused; sheriff's interlocutor adhered to.

Orders

  • Order for recovery of possession of 17 Parkfield, East Kilbride G75 8FD granted to pursuers.
  • Defender found liable in expenses of the action and appeal.