NORTH LANARKSHIRE COUNCIL v. ALISTAIR McMEEKIN [2013] ScotSC 97 (20 December 2013)

NORTH LANARKSHIRE COUNCIL v. ALISTAIR McMEEKIN [2013] ScotSC 97 (20 December 2013)

The appeal court refused to allow amended grounds of appeal as they bore no relation to pleadings or evidence led before the sheriff, would require substantial amendment and new evidence, and were raised late despite ample opportunity for legal advice. The interests of justice did not warrant reopening the proof or allowing new grounds at this stage.

Citation
[2013] ScotSC 97
Parties
Pursuer/respondent: North Lanarkshire Council; Defender/appellant: Alistair McMeekin
Jurisdiction
Scotland
Judgment Date
20 December 2013
Procedural Posture
Summary Application / Appeal Against Sheriff's Interlocutor
Outcome
appeal refused
Legal Topics
Appeal Procedure, Personal Bar, Statutory Obligations, Assessment of Care Charges, Prescription
Civil Procedure Social Care Law Property Law Appeal Procedure Personal Bar Statutory Obligations Assessment of Care Charges Prescription

Case Brief

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Parties

North Lanarkshire Council

Pursuer/respondent

Alistair McMeekin

Defender/appellant

Procedural Posture

Summary Application / Appeal Against Sheriff's Interlocutor

Legal Issues

  1. 1 Whether amended grounds of appeal should be allowed after proof and judgment
  2. 2 Whether the obligation to pay care charges was extinguished by prescription
  3. 3 Whether reassessment of care contributions post-death was lawful

Ratio Decidendi

The appeal court refused to allow amended grounds of appeal as they bore no relation to pleadings or evidence led before the sheriff, would require substantial amendment and new evidence, and were raised late despite ample opportunity for legal advice. The interests of justice did not warrant reopening the proof or allowing new grounds at this stage.

Court Disposition

appeal refused

Orders

  • refused to allow amended grounds of appeal to be received
  • refused defender's motion to allow Note of Appeal to be received late