Belhaven Brewery Company Ltd v. Bradbury [2005] ScotCS CSOH_12 (20 January 2005)

Belhaven Brewery Company Ltd v. Bradbury [2005] ScotCS CSOH_12 (20 January 2005)

The defender had advance notice of the hearing, was physically present in England, and failed to provide a justifiable excuse for non-appearance. The court exercised its discretion to grant decree by default with expenses.

Citation
[2005] ScotCS CSOH_12
Parties
Pursuer: Belhaven Brewery Company Limited; Defender: Ross Robert Bradbury
Jurisdiction
Scotland
Judgment Date
20 January 2005
Procedural Posture
Civil / Motion for Decree by Default at Proof Diet
Outcome
decree by default granted with expenses
Legal Topics
Decree by Default, Breach of Interdict, Proof Diet, Withdrawal of Legal Aid, Representation, Excusable Absence
Civil Procedure Property Law Decree by Default Breach of Interdict Proof Diet Withdrawal of Legal Aid Representation Excusable Absence

Case Brief

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Parties

Belhaven Brewery Company Limited

Pursuer

Ross Robert Bradbury

Defender

Procedural Posture

Civil / Motion for Decree by Default at Proof Diet

Legal Issues

  1. 1 Whether the defender's absence at the proof diet was excusable
  2. 2 Whether decree by default should be granted in light of the defender's failure to appear

Ratio Decidendi

The defender had advance notice of the hearing, was physically present in England, and failed to provide a justifiable excuse for non-appearance. The court exercised its discretion to grant decree by default with expenses.

Court Disposition

decree by default granted with expenses

Orders

  • Decree by default granted in favour of the pursuers
  • Defender to pay expenses