Forrest v Fleming Builders Ltd & Anor [2013] ScotCS CSOH_105 (28 June 2013)

Forrest v Fleming Builders Ltd & Anor [2013] ScotCS CSOH_105 (28 June 2013)

Grant of legal aid constitutes a material change of circumstances; in interests of justice, order for caution should be recalled as there are no exceptional circumstances justifying its continuation; pursuer should not be excluded from pursuing claim due to impecuniosity.

Citation
[2013] ScotCS CSOH_105
Parties
Pursuer: Jane Forrest; First Defender: Fleming Builders Limited; Second Defender: Gibb Architects Limited
Jurisdiction
Scotland
Judgment Date
28 June 2013
Procedural Posture
Civil Action for Damages and Reduction of Certificates / Application to Recall Interlocutor Ordering Caution; Hearing on Defenders' Motion for Decree of Absolvitor
Outcome
Motion for recall of caution order granted; defenders' motion for decree of absolvitor refused.
Legal Topics
Recall of Caution Order, Legal Aid, Security for Expenses, Building Contract Dispute, Architects' Certificates, Extension of Time, Breach of Contract, Negligence
Civil Procedure Contract Law Professional Negligence Recall of Caution Order Legal Aid Security for Expenses Building Contract Dispute Architects' Certificates +3 more

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Parties

Jane Forrest

Pursuer

Fleming Builders Limited

First Defender

Gibb Architects Limited

Second Defender

Procedural Posture

Civil Action for Damages and Reduction of Certificates / Application to Recall Interlocutor Ordering Caution; Hearing on Defenders' Motion for Decree of Absolvitor

Legal Issues

  1. 1 Whether grant of legal aid constitutes a material change of circumstances justifying recall of caution order
  2. 2 Whether exceptional circumstances exist to deny access to court by impecunious pursuer
  3. 3 Whether decree of absolvitor should be granted due to failure to find caution

Ratio Decidendi

Grant of legal aid constitutes a material change of circumstances; in interests of justice, order for caution should be recalled as there are no exceptional circumstances justifying its continuation; pursuer should not be excluded from pursuing claim due to impecuniosity.

Court Disposition

Motion for recall of caution order granted; defenders' motion for decree of absolvitor refused.

Orders

  • Order for caution recalled
  • Motion for decree of absolvitor refused