South East Traders Ltd v. Robertson [2009] ScotSC 7 (04 March 2009)

South East Traders Ltd v. Robertson [2009] ScotSC 7 (04 March 2009)

The appeal is incompetent because the interlocutor appealed against was a refusal to recall an interim interdict granted 'until further orders of court', which is not a grant or refusal of interdict under section 27(a) of the 1907 Act and therefore requires leave to appeal, which was not obtained.

Citation
[2009] ScotSC 7
Parties
Pursuers and Respondents: South East Traders Limited; Defender and Appellant: Garry Robertson
Jurisdiction
Scotland
Judgment Date
04 March 2009
Procedural Posture
Civil Appeal / Appeal Against Sheriff's Interlocutor Refusing Recall of Interim Interdict
Outcome
Appeal refused as incompetent
Legal Topics
Interim Interdict, Appeal Competency, Leave to Appeal, Sheriff Courts (scotland) Act 1907
Civil Procedure Interim Interdict Appeal Competency Leave to Appeal Sheriff Courts (scotland) Act 1907

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 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

South East Traders Limited

Pursuers and Respondents

Garry Robertson

Defender and Appellant

Procedural Posture

Civil Appeal / Appeal Against Sheriff's Interlocutor Refusing Recall of Interim Interdict

Legal Issues

  1. 1 Whether leave to appeal was required for an appeal against refusal to recall an interim interdict granted 'until further orders of court'

Ratio Decidendi

The appeal is incompetent because the interlocutor appealed against was a refusal to recall an interim interdict granted 'until further orders of court', which is not a grant or refusal of interdict under section 27(a) of the 1907 Act and therefore requires leave to appeal, which was not obtained.

Court Disposition

Appeal refused as incompetent

Orders

  • Remits the cause to the Sheriff to proceed as accords
  • Finds the defender and appellant liable to the pursuers and respondents in the expenses of the appeal