Colin Gillan against Mark Sinclair (Sheriff Court Civil) [2026] SCDUN 35 (10 February 2026)

Colin Gillan against Mark Sinclair (Sheriff Court Civil) [2026] SCDUN 35 (10 February 2026)

The defender failed to lodge the account of expenses within the four-month period following the final judgment and provided no factual basis or explanation for the delay. Prejudice to the defender alone is insufficient to grant leave for late lodging. The court refused to exercise its discretion under OCR 32.1A(1)(b) to allow the late account.

Citation
[2026] SCDUN 35
Parties
Pursuer: Colin Gillan; Defender: Mark Sinclair
Jurisdiction
Scotland
Judgment Date
10 February 2026
Procedural Posture
Civil / Post Judgment Motions on Expenses
Outcome
Defender's motion refused; pursuer's motion granted.
Legal Topics
Expenses, Time Limits for Lodging Accounts, Judicial Discretion, Functus Officio
Civil Procedure Expenses Time Limits for Lodging Accounts Judicial Discretion Functus Officio

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Colin Gillan

Pursuer

Mark Sinclair

Defender

Procedural Posture

Civil / Post Judgment Motions on Expenses

Legal Issues

  1. 1 Whether the defender's account of expenses was lodged timeously under OCR 32.1A
  2. 2 Whether the court should exercise discretion to allow a late account of expenses
  3. 3 Entitlement to expenses for motions following unsuccessful applications

Ratio Decidendi

The defender failed to lodge the account of expenses within the four-month period following the final judgment and provided no factual basis or explanation for the delay. Prejudice to the defender alone is insufficient to grant leave for late lodging. The court refused to exercise its discretion under OCR 32.1A(1)(b) to allow the late account.

Court Disposition

Defender's motion refused; pursuer's motion granted.

Orders

  • Defender's motion to allow late account of expenses refused.
  • Pursuer awarded expenses of the defender's unsuccessful motion for an additional sum.