Screwfix Direct LTD t/a Trade UK against the firm of Northdeko and others (Sheriff Court Civil) [2025] SCABE 27 (29 April 2025)

Screwfix Direct LTD t/a Trade UK against the firm of Northdeko and others (Sheriff Court Civil) [2025] SCABE 27 (29 April 2025)

The action against the first and second defenders had fallen a year and a day after the expiry of their respective periods of notice, as no procedural step was taken within that time; the rule applies separately to each non-compearing defender.

Citation
[2025] SCABE 27
Parties
Pursuer: Screwfix Direct Limited t/a Trade UK; Defender: The Firm of Northdeko; Defender: Mr Renars Sprogis; Defender: Mr Toms Puris
Jurisdiction
Scotland
Judgment Date
29 April 2025
Procedural Posture
Civil Action for Payment / Motion for Decree in Absence Following No Notice of Intention to Defend
Outcome
Minute for decree refused against first and second defenders; granted against third defender.
Legal Topics
Decree in Absence, Year and a Day Rule, Service of Process, Joint and Several Liability
Civil Procedure Commercial Law Decree in Absence Year and a Day Rule Service of Process Joint and Several Liability

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Parties

Screwfix Direct Limited t/a Trade UK

Pursuer

The Firm of Northdeko

Defender

Mr Renars Sprogis

Defender

Mr Toms Puris

Defender

Procedural Posture

Civil Action for Payment / Motion for Decree in Absence Following No Notice of Intention to Defend

Legal Issues

  1. 1 Whether the pursuer's minute for decree in absence against the first and second defenders was competent given the lapse of more than a year and a day after expiry of their period of notice without procedural steps being taken.
  2. 2 Whether the 'year and a day' rule applies separately to each non-compearing defender in a multi-defender action.

Ratio Decidendi

The action against the first and second defenders had fallen a year and a day after the expiry of their respective periods of notice, as no procedural step was taken within that time; the rule applies separately to each non-compearing defender.

Court Disposition

Minute for decree refused against first and second defenders; granted against third defender.

Orders

  • Decree in absence granted against Mr Toms Puris (third defender).
  • Minute for decree refused against The Firm of Northdeko and Mr Renars Sprogis (first and second defenders).