Campbell v Glasgow Housing Association Ltd [2011] ScotCS CSOH_55 (24 March 2011)

Campbell v Glasgow Housing Association Ltd [2011] ScotCS CSOH_55 (24 March 2011)

There were no exceptional circumstances warranting reduction of the decree, as the pursuer had failed to adhere to payment arrangements, the sheriff was not deprived of material information, and the defender was not obliged to present every possible argument on the pursuer's behalf.

Citation
[2011] ScotCS CSOH_55
Parties
Pursuer: John Campbell; Defender: Glasgow Housing Association Limited
Jurisdiction
Scotland
Judgment Date
24 March 2011
Procedural Posture
Reduction of Decree (civil) / Judgment After Proof
Outcome
Action dismissed; absolvitor granted to defender.
Legal Topics
Reduction of Decree, Eviction, Rent Arrears, Judicial Discretion, Exceptional Circumstances
Civil Procedure Housing Law Reduction of Decree Eviction Rent Arrears Judicial Discretion Exceptional Circumstances

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Parties

John Campbell

Pursuer

Glasgow Housing Association Limited

Defender

Procedural Posture

Reduction of Decree (civil) / Judgment After Proof

Legal Issues

  1. 1 Whether there were exceptional circumstances justifying reduction of the decree of ejection against the pursuer
  2. 2 Whether the pursuer was in breach of payment arrangements for rent arrears
  3. 3 Whether the sheriff was made aware of all material factors relevant to the decree

Ratio Decidendi

There were no exceptional circumstances warranting reduction of the decree, as the pursuer had failed to adhere to payment arrangements, the sheriff was not deprived of material information, and the defender was not obliged to present every possible argument on the pursuer's behalf.

Court Disposition

Action dismissed; absolvitor granted to defender.

Orders

  • Absolvitor granted in favour of Glasgow Housing Association Limited.