Richardson & Ors v. Rivers [2004] ScotSC 33 (07 May 2004)

Richardson & Ors v. Rivers [2004] ScotSC 33 (07 May 2004)

It is necessary in the interests of justice to request a further note from the Sheriff when amended grounds of appeal introduce new material and criticisms, and Rule 31.4 does not prohibit such a request. The Sheriff Principal has the power to remit the cause for this purpose.

Citation
[2004] ScotSC 33
Parties
Pursuers and Respondents: Alastair and Mariane Richardson and Others; Defender and Appellant: Lynda Rivers
Jurisdiction
Scotland
Judgment Date
07 May 2004
Procedural Posture
Appeal in Civil Action for Payment / Interlocutory Appeal Regarding Expenses and Amendment to Grounds of Appeal
Outcome
Remit to Sheriff for further note; all questions of expenses reserved.
Legal Topics
Expenses, Appeal Procedure, Amendment of Grounds of Appeal, Judicial Discretion
Civil Procedure Expenses Appeal Procedure Amendment of Grounds of Appeal Judicial Discretion

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Parties

Alastair and Mariane Richardson and Others

Pursuers and Respondents

Lynda Rivers

Defender and Appellant

Procedural Posture

Appeal in Civil Action for Payment / Interlocutory Appeal Regarding Expenses and Amendment to Grounds of Appeal

Legal Issues

  1. 1 Whether the Sheriff Principal can request a further note from the Sheriff after amendment of grounds of appeal
  2. 2 Whether Rule 31.4 of the Ordinary Cause Rules 1993 precludes a request for a second note
  3. 3 Whether fairness and interests of justice require a further note from the Sheriff

Ratio Decidendi

It is necessary in the interests of justice to request a further note from the Sheriff when amended grounds of appeal introduce new material and criticisms, and Rule 31.4 does not prohibit such a request. The Sheriff Principal has the power to remit the cause for this purpose.

Court Disposition

Remit to Sheriff for further note; all questions of expenses reserved.

Orders

  • Cause remitted to Sheriff J M S Horsburgh QC with request to write a note relative to the amendment to the grounds of appeal, no 13 of process.
  • All questions of expenses reserved.