CARR AND OTHERS AGAINST R H INDEPENDENT HEALTHCARE LIMITED [2018] ScotCS CSOH_82 (03 August 2018)

CARR AND OTHERS AGAINST R H INDEPENDENT HEALTHCARE LIMITED [2018] ScotCS CSOH_82 (03 August 2018)

Extraction of a final decree does not, as a matter of principle, render the court functus officio or terminate the process. Reduction of the decree revives the original action to its procedural stage prior to decree, and the action remains extant.

Citation
[2018] ScotCS CSOH_82
Parties
Pursuers: James Carr and Others; Defenders: R H Independent Healthcare Limited
Jurisdiction
Scotland
Judgment Date
03 August 2018
Procedural Posture
Civil Action for Damages / Determination of Status of Extracted Decree and Procedural Viability of Original Action
Outcome
Action PD1564/12 remains extant; pursuers may determine procedure to revive the action.
Legal Topics
Reduction of Decree, Recall of Decree, Extracted Decree, Functus Officio, Time Bar, Substantial Justice
Civil Procedure Healthcare Law Reduction of Decree Recall of Decree Extracted Decree Functus Officio Time Bar Substantial Justice

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Parties

James Carr and Others

Pursuers

R H Independent Healthcare Limited

Defenders

Procedural Posture

Civil Action for Damages / Determination of Status of Extracted Decree and Procedural Viability of Original Action

Legal Issues

  1. 1 Does extraction of a final decree render the court functus officio and terminate the process?
  2. 2 Does reduction of a decree revive the original action or must a new action be raised?

Ratio Decidendi

Extraction of a final decree does not, as a matter of principle, render the court functus officio or terminate the process. Reduction of the decree revives the original action to its procedural stage prior to decree, and the action remains extant.

Court Disposition

Action PD1564/12 remains extant; pursuers may determine procedure to revive the action.

Orders

  • Court declares that extraction of the decree did not terminate the process; original action is procedurally viable.