Glen v. Stewart [1901] ScotLR 39_129 (21 November 1901)

The Court retains the power to repone against a decree by default where the failure to comply was due to misunderstanding and not gross fault, and such power is not excluded by the relevant statutory provisions.

Citation: [1901] ScotLR 39_129
Parties: Pursuer and Reclaimer: Robina Glen; Defender and Respondent: Thomas Stewart
Jurisdiction: Scotland
Judgment Date: 21 November 1901
Procedural Posture: Civil Damages for Slander / Reclaiming Note (appeal) Against Decree by Default
Outcome: interlocutor of absolvitor recalled; case remitted for adjustment of issues; pursuer found liable in expenses since 8th November 1901
Legal Topics: Decree by Default, Failure to Lodge Issues, Reponing, Act of Sederunt

Civil Procedure Decree by Default Failure to Lodge Issues Reponing Act of Sederunt

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 12 Party arguments 2 Amounts and remedies 1

Parties

Robina Glen

Pursuer and Reclaimer

Thomas Stewart

Defender and Respondent

Procedural Posture

Civil Damages for Slander / Reclaiming Note (appeal) Against Decree by Default

Legal Issues

1 Whether the Court has power to repone a pursuer against a decree by default for failure to lodge issues
2 Whether the misunderstanding regarding consent to continuation justifies reponing

Ratio Decidendi

Court Disposition

interlocutor of absolvitor recalled; case remitted for adjustment of issues; pursuer found liable in expenses since 8th November 1901

Orders

Recall interlocutor of 21st November 1901
Remit to Lord Ordinary to assign new date for adjustment of issues