MORRIS, APPEAL BY ANNE MORRIS IN THE CAUSE RICHARD MAWSON AGAINST ANNE MORRIS [2018] ScotSAC Civ 26 (05 October 2018)

MORRIS, APPEAL BY ANNE MORRIS IN THE CAUSE RICHARD MAWSON AGAINST ANNE MORRIS [2018] ScotSAC Civ 26 (05 October 2018)

The court held that the sheriff was correct in granting summary decree as the defender had no real prospect of success and there was no compelling reason for a trial. The award of expenses was also upheld as there were no special circumstances to depart from the general rule.

Citation
[2018] ScotSAC Civ 26
Parties
Pursuer: Richard Mawson; Defender/appellant: Anne Morris
Jurisdiction
Scotland
Judgment Date
05 October 2018
Procedural Posture
Civil Appeal / Appeal
Outcome
appeal refused
Legal Topics
Appeal, Expenses, Summary Decree
Civil Procedure Appeal Expenses Summary Decree

Case Brief

Summary, issues, holding and outcome

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Parties

Richard Mawson

Pursuer

Anne Morris

Defender/appellant

Procedural Posture

Civil Appeal / Appeal

Legal Issues

  1. 1 Whether the sheriff erred in granting summary decree against the defender
  2. 2 Whether the sheriff erred in awarding expenses against the defender

Ratio Decidendi

The court held that the sheriff was correct in granting summary decree as the defender had no real prospect of success and there was no compelling reason for a trial. The award of expenses was also upheld as there were no special circumstances to depart from the general rule.

Court Disposition

appeal refused

Orders

  • summary decree and award of expenses affirmed