Orkney Islands Council v. Whitehead & Anor [2005] ScotSC 66 (07 October 2005)

Orkney Islands Council v. Whitehead & Anor [2005] ScotSC 66 (07 October 2005)

The appeal is allowed in part; the sheriff's decision and decree are recalled due to the procedural irregularity arising from the concession; the cause is remitted to the sheriff to hear parties anew on the evidence, with the concession to be withdrawn at that stage.

Citation
[2005] ScotSC 66
Parties
Pursuer and Appellant: Orkney Islands Council; Defender and Respondent: Michelle Whitehead; Defender and Respondent: Michael Vendy
Jurisdiction
Scotland
Judgment Date
07 October 2005
Procedural Posture
Summary Cause Appeal / Appeal Decision With Partial Recall and Remit to Sheriff
Outcome
Appeal allowed in part; sheriff's decision and decree recalled; cause remitted for rehearing; expenses awarded to defenders for specified stages.
Legal Topics
Withdrawal of Concession, Remit for Rehearing, Expenses Liability
Landlord and Tenant Civil Procedure Withdrawal of Concession Remit for Rehearing Expenses Liability

Case Brief

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Parties

Orkney Islands Council

Pursuer and Appellant

Michelle Whitehead

Defender and Respondent

Michael Vendy

Defender and Respondent

Procedural Posture

Summary Cause Appeal / Appeal Decision With Partial Recall and Remit to Sheriff

Legal Issues

  1. 1 Whether the sheriff erred in law by deciding the case based on a concession made by the pursuers' solicitor
  2. 2 Whether the concession could be withdrawn at appeal stage
  3. 3 Proper disposal of the appeal in light of procedural irregularity

Ratio Decidendi

The appeal is allowed in part; the sheriff's decision and decree are recalled due to the procedural irregularity arising from the concession; the cause is remitted to the sheriff to hear parties anew on the evidence, with the concession to be withdrawn at that stage.

Court Disposition

Appeal allowed in part; sheriff's decision and decree recalled; cause remitted for rehearing; expenses awarded to defenders for specified stages.

Orders

  • Recall of sheriff's decision dated 14 December 2004 and decree of 22 February 2005
  • Remit to sheriff to proceed as accords from conclusion of evidence on 14 December 2004