Urquhart & Anor v Sweeney & Anor [2001] ScotCS 157 (20 June 2001)

Urquhart & Anor v Sweeney & Anor [2001] ScotCS 157 (20 June 2001)

The appeal was incompetent as leave to appeal from the sheriff principal was required and not obtained; no sufficient excuse was provided for this procedural failure, and the circumstances did not warrant exercise of the court's discretion to remit the cause.

Citation
[2001] ScotCS 157
Parties
Pursuer/respondent: Hugh McBain Urquhart; Pursuer/respondent: Mrs. Deanna Urquhart; Defender/appellant: Owen James Sweeney; Defender/appellant: Larkin Brae Horse Farm Limited
Jurisdiction
Scotland
Judgment Date
20 June 2001
Procedural Posture
Appeal / Appeal From Sheriff Court to Court of Session
Outcome
appeal refused as incompetent
Legal Topics
Agricultural Tenancy, Right of Access, Summary Decree, Leave to Appeal, Competency of Appeal
Property Law Agricultural Law Civil Procedure Agricultural Tenancy Right of Access Summary Decree Leave to Appeal Competency of Appeal

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Hugh McBain Urquhart

Pursuer/respondent

Mrs. Deanna Urquhart

Pursuer/respondent

Owen James Sweeney

Defender/appellant

Larkin Brae Horse Farm Limited

Defender/appellant

Procedural Posture

Appeal / Appeal From Sheriff Court to Court of Session

Legal Issues

  1. 1 Whether the appeal to the Court of Session was competent without leave from the sheriff principal
  2. 2 Whether summary decree was properly granted in respect of declaratory craves
  3. 3 Whether summary decree for interdict was properly granted

Ratio Decidendi

The appeal was incompetent as leave to appeal from the sheriff principal was required and not obtained; no sufficient excuse was provided for this procedural failure, and the circumstances did not warrant exercise of the court's discretion to remit the cause.

Court Disposition

appeal refused as incompetent

Orders

  • motion to dispense with Rule of Court 23.3(3) granted
  • appeal refused as incompetent