RBS INVOICE FINANCE LTD v. A.S.C. ANGLO SCOTTISH CONCRETE LTD [2013] ScotSC 94 (23 December 2013)

RBS INVOICE FINANCE LTD v. A.S.C. ANGLO SCOTTISH CONCRETE LTD [2013] ScotSC 94 (23 December 2013)

The defenders failed to provide a credible explanation for their absence at the peremptory diet, were at fault for their internal handling of legal documents, did not demonstrate a substantive defence, and failed to take reasonable steps to address the court or settle. The appeal was refused and the sheriff's decree by default adhered to.

Citation
[2013] ScotSC 94
Parties
Pursuer: RBS Invoice Finance Ltd; Defender: A. S. C. Anglo Scottish Concrete Ltd
Jurisdiction
Scotland
Judgment Date
23 December 2013
Procedural Posture
Civil Appeal / Appeal Against Sheriff's Interlocutor (decree by Default)
Outcome
Appeal refused; sheriff's interlocutor adhered to; defenders found liable in expenses of the appeal.
Legal Topics
Recall of Decree by Default, Service of Court Documents, Authority of Agents, Corporate Procedure for Legal Notices
Civil Procedure Contract Law Recall of Decree by Default Service of Court Documents Authority of Agents Corporate Procedure for Legal Notices

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Parties

RBS Invoice Finance Ltd

Pursuer

A. S. C. Anglo Scottish Concrete Ltd

Defender

Procedural Posture

Civil Appeal / Appeal Against Sheriff's Interlocutor (decree by Default)

Legal Issues

  1. 1 Whether the defenders had a substantive defence to the action
  2. 2 Whether the defenders were properly notified of the court diet
  3. 3 Whether the sheriff's decree by default should be recalled

Ratio Decidendi

The defenders failed to provide a credible explanation for their absence at the peremptory diet, were at fault for their internal handling of legal documents, did not demonstrate a substantive defence, and failed to take reasonable steps to address the court or settle. The appeal was refused and the sheriff's decree by default adhered to.

Court Disposition

Appeal refused; sheriff's interlocutor adhered to; defenders found liable in expenses of the appeal.

Orders

  • Refusal of appeal
  • Adherence to sheriff's interlocutor dated 23 August 2013