RICHARD GOLLIN v. TRIP ADVISOR LIMITED [2013] ScotSC 17 (25 February 2013)

RICHARD GOLLIN v. TRIP ADVISOR LIMITED [2013] ScotSC 17 (25 February 2013)

The appeal was incompetent because it was not from a final judgment as required by statute; the interlocutor appealed did not dispose of the subject-matter of the cause.

Citation
[2013] ScotSC 17
Parties
Pursuer/appellant: Richard Gollin; Defender/respondent: Trip Advisor Limited
Jurisdiction
Scotland
Judgment Date
25 February 2013
Procedural Posture
Small Claim (summary Cause) Appeal / Appeal Against Interlocutor Treating Claim as Ordinary Cause
Outcome
Appeal dismissed as incompetent; appellant found liable for expenses of the appeal.
Legal Topics
Appeal Competency, Small Claims Procedure, Expenses (costs)
Civil Procedure Appeal Competency Small Claims Procedure Expenses (costs)

Case Brief

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Parties

Richard Gollin

Pursuer/appellant

Trip Advisor Limited

Defender/respondent

Procedural Posture

Small Claim (summary Cause) Appeal / Appeal Against Interlocutor Treating Claim as Ordinary Cause

Legal Issues

  1. 1 Whether the appeal against the interlocutor treating the small claim as an ordinary cause was competent
  2. 2 Whether expenses should be awarded against the appellant

Ratio Decidendi

The appeal was incompetent because it was not from a final judgment as required by statute; the interlocutor appealed did not dispose of the subject-matter of the cause.

Court Disposition

Appeal dismissed as incompetent; appellant found liable for expenses of the appeal.

Orders

  • Dismisses the appeal on the grounds of competency
  • Finds the pursuer/appellant liable to the defenders/respondents in the expenses of the appeal as taxed