JAMES DUFF v. PATRICK SHEARER [2014] CSIH_20 (11 February 2014)

JAMES DUFF v. PATRICK SHEARER [2014] CSIH_20 (11 February 2014)

The sheriff was entitled to order caution for expenses given the pursuer's history of unpaid expenses, the lack of a stateable or competent case, the time-bar under the Prescription and Limitation (Scotland) Act 1973, and the absence of any legal bar to requiring caution before a debate on relevancy. The appeal was refused as the sheriff's discretion was properly exercised.

Citation
[2014] CSIH 20
Parties
Pursuer and Appellant: James Duff; Defender and Respondent: Patrick Shearer
Jurisdiction
Scotland
Judgment Date
11 February 2014
Procedural Posture
Civil Appeal / Appeal From Sheriff Court Interlocutor Requiring Caution for Expenses and Granting Absolvitor
Outcome
Appeal refused
Legal Topics
Security for Expenses, Impecunious Litigant, Qualified Privilege, Limitation of Actions, Freedom of Information, Sheriff Court Procedure
Civil Procedure Defamation Access to Justice Security for Expenses Impecunious Litigant Qualified Privilege Limitation of Actions Freedom of Information +1 more

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Parties

James Duff

Pursuer and Appellant

Patrick Shearer

Defender and Respondent

Procedural Posture

Civil Appeal / Appeal From Sheriff Court Interlocutor Requiring Caution for Expenses and Granting Absolvitor

Legal Issues

  1. 1 Whether the sheriff erred in ordering the pursuer to find caution for expenses
  2. 2 Whether a penniless litigant with a stateable case should be excluded from court
  3. 3 Whether the action was stateable or time-barred

Ratio Decidendi

The sheriff was entitled to order caution for expenses given the pursuer's history of unpaid expenses, the lack of a stateable or competent case, the time-bar under the Prescription and Limitation (Scotland) Act 1973, and the absence of any legal bar to requiring caution before a debate on relevancy. The appeal was refused as the sheriff's discretion was properly exercised.

Court Disposition

Appeal refused

Orders

  • Sheriff's interlocutor of 25 April 2013 requiring caution for expenses affirmed
  • Sheriff's interlocutor of 16 May 2013 granting absolvitor affirmed