Appeal in the cause Alias Smith & Garrett LTD against Jean Golightly (Sheriff Appeal Court Civil) [2025] SACCIV 4 (25 February 2025)

Appeal in the cause Alias Smith & Garrett LTD against Jean Golightly (Sheriff Appeal Court Civil) [2025] SACCIV 4 (25 February 2025)

The sheriff made no error in law or fact; the 2023 contract was performed as agreed and the appellant's dissatisfaction with the outcome does not constitute a defence to payment. Issues from 2020 or from the appellant's title in 2016 are irrelevant to the 2023 contract. No breach or loss was established, and counterclaims are not competent in Simple Procedure.

Citation
[2025] SACCIV 4
Parties
Claimant and Respondent: Alias Smith & Garrett Limited; Respondent and Appellant: Jean Golightly
Jurisdiction
Scotland
Judgment Date
25 February 2025
Procedural Posture
Simple Procedure Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Payment for Professional Services, Appeal Procedure, Contractual Breach, Simple Procedure Rules
Contract Law Civil Procedure Payment for Professional Services Appeal Procedure Contractual Breach Simple Procedure Rules

Case Brief

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Parties

Alias Smith & Garrett Limited

Claimant and Respondent

Jean Golightly

Respondent and Appellant

Procedural Posture

Simple Procedure Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the appellant is liable to pay the respondent's invoice for professional services under a 2023 contract
  2. 2 Whether issues arising from a 2020 contract or from the appellant's title in 2016 provide a defence to the 2023 claim
  3. 3 Whether new matters raised on appeal can be considered

Ratio Decidendi

The sheriff made no error in law or fact; the 2023 contract was performed as agreed and the appellant's dissatisfaction with the outcome does not constitute a defence to payment. Issues from 2020 or from the appellant's title in 2016 are irrelevant to the 2023 contract. No breach or loss was established, and counterclaims are not competent in Simple Procedure.

Court Disposition

Appeal dismissed

Orders

  • Appellant found liable to the respondent in the expenses of the appeal, as taxed.