APPEAL BY CHARLES DAVIDSON AND IN THE CAUSE BRADLEY JOHNSTON v CHARLES DAVIDSON AND ANOTHER [2020] ScotSAC Civ 22 (05 November 2020)

APPEAL BY CHARLES DAVIDSON AND IN THE CAUSE BRADLEY JOHNSTON v CHARLES DAVIDSON AND ANOTHER [2020] ScotSAC Civ 22 (05 November 2020)

The court held that the sheriff was entitled to grant summary decree as the appellant had no defence with a real prospect of success, and the award of expenses was in accordance with the general rule.

Citation
[2020] ScotSAC Civ 22
Parties
Pursuer: Bradley Johnston; Defender/appellant: Charles Davidson; Defender: Another
Jurisdiction
Scotland
Judgment Date
05 November 2020
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

More case intelligence is available

Unlock the full research layer for this judgment.

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

Parties

Bradley Johnston

Pursuer

Charles Davidson

Defender/appellant

Another

Defender

Procedural Posture

Civil Appeal / Appeal

Legal Issues

  1. 1 Whether summary decree was properly granted against the appellant
  2. 2 Whether the sheriff erred in awarding expenses

Ratio Decidendi

The court held that the sheriff was entitled to grant summary decree as the appellant had no defence with a real prospect of success, and the award of expenses was in accordance with the general rule.

Court Disposition

appeal refused

Orders

  • summary decree affirmed
  • award of expenses affirmed