London Property Services (Repair & Maintenance) LTD against Kilwarton LTD (Sheriff Appeal Court) [2025] SACCIV 8 (11 March 2025)
The sheriff was functus officio after the final decree and had no power to award interest thereafter; the claim for interest is res judicata as it was not awarded nor appealed in the original proceedings.
- Citation
- [2025] SACCIV 8
- Parties
- Claimant and Respondent: London Property Services (Repair & Maintenance) Limited; Respondent and Appellant: Kilwarton Limited
- Jurisdiction
- Scotland
- Judgment Date
- 11 March 2025
- Procedural Posture
- Simple Procedure Appeal / Appeal Against Post Decree Award of Interest
- Outcome
- Appeal allowed; interlocutor of 8 November 2024 quashed.
- Legal Topics
- Functus Officio, Judicial Interest, Res Judicata, Simple Procedure Rules
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
London Property Services (Repair & Maintenance) Limited
Claimant and Respondent
Kilwarton Limited
Respondent and Appellant
Procedural Posture
Simple Procedure Appeal / Appeal Against Post Decree Award of Interest
Legal Issues
- 1 Whether the sheriff had power to award interest after final decree
- 2 Whether an agreement on interest existed between the parties
- 3 Whether the claim for interest is res judicata
Ratio Decidendi
The sheriff was functus officio after the final decree and had no power to award interest thereafter; the claim for interest is res judicata as it was not awarded nor appealed in the original proceedings.
Court Disposition
Appeal allowed; interlocutor of 8 November 2024 quashed.
Orders
- Interlocutor of 8 November 2024 quashed
- LPS found liable in the expenses of the appeal, as taxed
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment