Creighton v. Wylie & Lochhead, Ltd [1915] ScotLR 281 (08 January 1915)
The Court has no power to dispense with the time limits and requirements set by the Act of Sederunt for reponing after abandonment of appeal, and even if it had such power, no sufficient cause was shown for the appellant's failure to comply.
- Citation
- [1915] ScotLR 281
- Parties
- Pursuer and Appellant: Mrs Ellen Creighton; Defenders and Respondents: Wylie & Lochhead, Limited
- Jurisdiction
- Scotland
- Judgment Date
- 08 January 1915
- Procedural Posture
- Appeal From Sheriff Court (personal Injury) / Motion to Repone After Procedural Default
- Outcome
- motion refused; appeal abandoned
- Legal Topics
- Appeal Procedure, Act of Sederunt, Reponing, Procedural Default, Court Powers
Case Brief
Summary, issues, holding and outcome
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Parties
Mrs Ellen Creighton
Pursuer and Appellant
Wylie & Lochhead, Limited
Defenders and Respondents
Procedural Posture
Appeal From Sheriff Court (personal Injury) / Motion to Repone After Procedural Default
Legal Issues
- 1 Whether the Court can dispense with the time limits set by the Act of Sederunt for reponing after abandonment of appeal
- 2 Whether sufficient cause was shown for failure to comply with procedural requirements
Ratio Decidendi
The Court has no power to dispense with the time limits and requirements set by the Act of Sederunt for reponing after abandonment of appeal, and even if it had such power, no sufficient cause was shown for the appellant's failure to comply.
Court Disposition
motion refused; appeal abandoned
Orders
- Motion to repone refused.
- Clerk of Court directed to retransmit the process as an abandoned remit.
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