ROBERT SHANKS v. THE SCOTTISH MINISTERS [2013] ScotSC 99 (20 December 2013)

ROBERT SHANKS v. THE SCOTTISH MINISTERS [2013] ScotSC 99 (20 December 2013)

The sheriff clerk failed to comply with mandatory written notice requirements under Rule 23.3(7)(b), and the pursuer's solicitor was not properly intimated about reporting of failure to attend under Rule 23.3(12)(b). The sheriff erred in granting decree of absolvitor without agreement of both parties, contrary to the Summary Cause Rules. The appeal was allowed and the sheriff's interlocutor recalled.

Citation
[2013] ScotSC 99
Parties
Pursuer and Appellant: Robert Shanks; Defenders and Respondents: The Scottish Ministers
Jurisdiction
Scotland
Judgment Date
20 December 2013
Procedural Posture
Summary Cause Personal Injury Action / Appeal Against Sheriff's Interlocutor
Outcome
appeal allowed; sheriff's interlocutor of 30 May 2013 recalled
Legal Topics
Assessment of Expenses, Notice Requirements, Decree of Absolvitor, Appeal Procedure
Civil Procedure Personal Injury Assessment of Expenses Notice Requirements Decree of Absolvitor Appeal Procedure

Case Brief

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Parties

Robert Shanks

Pursuer and Appellant

The Scottish Ministers

Defenders and Respondents

Procedural Posture

Summary Cause Personal Injury Action / Appeal Against Sheriff's Interlocutor

Legal Issues

  1. 1 Whether the sheriff clerk complied with Rule 23.3(7)(b) regarding written notice of hearing on expenses
  2. 2 Whether the pursuer's solicitor was properly intimated about reporting of failure to attend under Rule 23.3(12)(b)
  3. 3 Whether the sheriff was entitled to grant decree of absolvitor without agreement of both parties

Ratio Decidendi

The sheriff clerk failed to comply with mandatory written notice requirements under Rule 23.3(7)(b), and the pursuer's solicitor was not properly intimated about reporting of failure to attend under Rule 23.3(12)(b). The sheriff erred in granting decree of absolvitor without agreement of both parties, contrary to the Summary Cause Rules. The appeal was allowed and the sheriff's interlocutor recalled.

Court Disposition

appeal allowed; sheriff's interlocutor of 30 May 2013 recalled

Orders

  • Remit cause to sheriff to ordain sheriff clerk to assign and intimate fresh diets of assessment and approval in writing
  • Pursuer liable to defenders for expenses of previous diets of assessment and approval fixed for 24 and 30 May 2013