Richardson & Ors v Rivers [2004] ScotSC 55 (23 August 2004)

Richardson & Ors v Rivers [2004] ScotSC 55 (23 August 2004)

The Sheriff erred in failing to ensure a fair hearing on expenses by not giving the defender's solicitor an opportunity to seek a continuation when it became clear he was unprepared for the pursuers' unusual oral motion; this resulted in a miscarriage of justice and breach of the defender's right to a fair hearing.

Citation
[2004] ScotSC 55
Parties
Pursuers and Respondents: Alastair Richardson and Others; Defender and Appellant: Lynda Rivers
Jurisdiction
Scotland
Judgment Date
23 August 2004
Procedural Posture
Ordinary Action (civil) / Appeal Against Interlocutor on Expenses After Abandonment of Action
Outcome
Appeal allowed in part; Sheriff's finding of no expenses due to or by either party recalled; matter remitted for rehearing on expenses.
Legal Topics
Expenses, Abandonment of Action, Fair Hearing, Equality of Arms, Human Rights Act Compliance
Civil Procedure Expenses Abandonment of Action Fair Hearing Equality of Arms Human Rights Act Compliance

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Parties

Alastair Richardson and Others

Pursuers and Respondents

Lynda Rivers

Defender and Appellant

Procedural Posture

Ordinary Action (civil) / Appeal Against Interlocutor on Expenses After Abandonment of Action

Legal Issues

  1. 1 Whether the Sheriff erred in determining expenses immediately upon oral motion without proper notice or preparedness of the defender's solicitor
  2. 2 Whether the hearing on expenses was conducted fairly and in compliance with common law and Article 6 ECHR

Ratio Decidendi

The Sheriff erred in failing to ensure a fair hearing on expenses by not giving the defender's solicitor an opportunity to seek a continuation when it became clear he was unprepared for the pursuers' unusual oral motion; this resulted in a miscarriage of justice and breach of the defender's right to a fair hearing.

Court Disposition

Appeal allowed in part; Sheriff's finding of no expenses due to or by either party recalled; matter remitted for rehearing on expenses.

Orders

  • Recall of interlocutor in so far as it finds no expenses due to or by either party
  • Remit to another Sheriff for hearing on all questions relative to expenses at first instance (except those already dealt with)