ACORN SERVICES (EDINBURGH) Ltd AGAINST NICOLLETA POLICEK [2014] ScotSC 105 (16 December 2014)

The sheriff did not err in law or misapply the relevant test in refusing the reponing note. The explanation for failure to appear was unsupported by evidence and the proposed defence was insufficiently specified, amounting to a dilatory defence. The sheriff's discretionary decision was justified and not plainly wrong.

Citation: [2014] ScotSC 105
Parties: Pursuer and Respondent: Acorn Services (Edinburgh) Limited; Defender and Appellant: Nicolleta Policek
Jurisdiction: Scotland
Judgment Date: 16 December 2014
Procedural Posture: Appeal (civil) / Appeal Against Refusal of Reponing Note
Outcome: Appeal refused
Legal Topics: Reponing Note, Default Decree, Building Contract, Breach of Contract, Discretionary Appellate Review

Civil Procedure Contract Law Reponing Note Default Decree Building Contract Breach of Contract Discretionary Appellate Review

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Parties

Acorn Services (Edinburgh) Limited

Pursuer and Respondent

Nicolleta Policek

Defender and Appellant

Procedural Posture

Appeal (civil) / Appeal Against Refusal of Reponing Note

Legal Issues

1 Whether the sheriff erred in refusing the defender's reponing note
2 Whether the explanation for failure to appear was satisfactory
3 Whether the proposed defence disclosed a stateable or prima facie defence

Ratio Decidendi

Court Disposition

Appeal refused

Orders

Adheres to the sheriff's interlocutor of 21 August 2014
Finds the appellant liable to the respondents in the expenses of the appeal