SEAMLESS ROOFING v. MR JAMES SMITH and MRS RENA SMITH [2000] ScotSC 7 (11th April, 2000)

SEAMLESS ROOFING v. MR JAMES SMITH and MRS RENA SMITH [2000] ScotSC 7 (11th April, 2000)

The third paragraph of the note of appeal potentially raises an issue of law—namely, whether no sheriff acting reasonably could have reached the decision to absolve the defender from liability—justifying remittal for a draft stated case.

Citation
[2000] ScotSC 7
Parties
Pursuer and Appellant: Seamless Roofing; Defender and Respondent: Mr James Smith; Defender and Respondent: Mrs Rena Smith
Jurisdiction
Scotland
Procedural Posture
Small Claim Appeal / Appeal Against Sheriff's Decision; Remittal for Draft Stated Case
Outcome
Remitted to Sheriff to prepare draft stated case within fourteen days.
Legal Topics
Small Claims Procedure, Appeal Process, Draft Stated Case, Specification of Points of Law
Civil Procedure Small Claims Procedure Appeal Process Draft Stated Case Specification of Points of Law

Case Brief

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Parties

Seamless Roofing

Pursuer and Appellant

Mr James Smith

Defender and Respondent

Mrs Rena Smith

Defender and Respondent

Procedural Posture

Small Claim Appeal / Appeal Against Sheriff's Decision; Remittal for Draft Stated Case

Legal Issues

  1. 1 Whether the note of appeal specified a point of law sufficient to require the Sheriff to prepare a draft stated case

Ratio Decidendi

The third paragraph of the note of appeal potentially raises an issue of law—namely, whether no sheriff acting reasonably could have reached the decision to absolve the defender from liability—justifying remittal for a draft stated case.

Court Disposition

Remitted to Sheriff to prepare draft stated case within fourteen days.

Orders

  • Remit to Sheriff Powrie to issue a draft stated case within fourteen days and thereafter to proceed as accords.