Wallace v. Keltbray Plant Ltd & Anor [2006] ScotCS CSOH_21 (07 February 2006)

Wallace v. Keltbray Plant Ltd & Anor [2006] ScotCS CSOH_21 (07 February 2006)

Given the high value and illiquid nature of the claim, the abbreviated pleadings, and the possibility of oversight by the first defenders, the court is not satisfied that decree in absence should be granted without further intimation to the first defenders in person, even if not strictly required by the rules.

Citation
[2006] ScotCS CSOH_21
Parties
Pursuer: Vincent Wallace; First Defender: Keltbray Plant Limited; Second Defender: TCM Groundworks Limited
Jurisdiction
Scotland
Judgment Date
07 February 2006
Procedural Posture
Personal Injury Damages Action / Motion for Decree in Absence Against First Defenders
Outcome
Motion for decree in absence continued; decree not granted at this stage.
Legal Topics
Decree in Absence, Service of Summons, Personal Injuries Rules, Common Law Negligence, Statutory Duty, Recall of Decree
Personal Injury Employment Law Civil Procedure Decree in Absence Service of Summons Personal Injuries Rules Common Law Negligence Statutory Duty +1 more

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Parties

Vincent Wallace

Pursuer

Keltbray Plant Limited

First Defender

TCM Groundworks Limited

Second Defender

Procedural Posture

Personal Injury Damages Action / Motion for Decree in Absence Against First Defenders

Legal Issues

  1. 1 Whether decree in absence should be granted against first defenders for failure to lodge defences
  2. 2 Whether further intimation to first defenders is required before granting decree in absence
  3. 3 Whether the pleadings and service requirements have been met under the new personal injuries rules

Ratio Decidendi

Given the high value and illiquid nature of the claim, the abbreviated pleadings, and the possibility of oversight by the first defenders, the court is not satisfied that decree in absence should be granted without further intimation to the first defenders in person, even if not strictly required by the rules.

Court Disposition

Motion for decree in absence continued; decree not granted at this stage.

Orders

  • Pursuer to intimate motion and judgment to first defenders by recorded delivery, enclosing summons, motion, and judgment, and warning of potential decree in absence if no steps taken within two weeks of receipt.
  • Motion continued to a date to be fixed.