H L Friel & Son v. Gt Demolitions [2002] ScotSC 201 (15 October 2002)
The extraction of the decree on 6 August 2002, in the absence of a properly constituted note of appeal or motion to allow a late appeal, renders any appeal incompetent and precludes further consideration of the motion.
- Citation
- [2002] ScotSC 201
- Parties
- Pursuer: HL Friel & Son Ltd; Defender: GT Demolitions Ltd
- Jurisdiction
- Scotland
- Judgment Date
- 15 October 2002
- Procedural Posture
- Civil / Motion to Allow Late Appeal After Decree by Default and Extraction
- Outcome
- Motion to allow late appeal refused; defenders found liable in expenses for the motion.
- Legal Topics
- Appeals, Decree by Default, Extraction of Decree, Competency of Appeal
Case Brief
Summary, issues, holding and outcome
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Parties
HL Friel & Son Ltd
Pursuer
GT Demolitions Ltd
Defender
Procedural Posture
Civil / Motion to Allow Late Appeal After Decree by Default and Extraction
Legal Issues
- 1 Whether the extraction of decree precludes a late appeal
- 2 Whether the extract was competently issued given alleged misnaming of the defender
- 3 Whether the sheriff was obliged to follow Ordinary Cause Rule 24 when the defender was unrepresented
Ratio Decidendi
The extraction of the decree on 6 August 2002, in the absence of a properly constituted note of appeal or motion to allow a late appeal, renders any appeal incompetent and precludes further consideration of the motion.
Court Disposition
Motion to allow late appeal refused; defenders found liable in expenses for the motion.
Orders
- Refusal of motion to allow late appeal
- Defenders liable to pursuers in expenses occasioned by the motion
Full Case Text
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