Thomson v Rush, Re Application For Authority To Uplift Consigned Money [2000] ScotCS 135 (26 May 2000)

The respondent's failure to attend the procedure roll constituted default, justifying the grant of the prayer of the petition under the relevant court rules.

Citation: [2000] ScotCS 135
Parties: Petitioner: Alan Clark Thomson; Second Respondent: John Rush
Jurisdiction: Scotland
Judgment Date: 26 May 2000
Procedural Posture: Petition / Procedure Roll; Decree by Default Granted
Outcome: prayer of the petition granted; decree by default pronounced
Legal Topics: Default Judgment, Uplift of Consigned Money

Civil Procedure Default Judgment Uplift of Consigned Money

Case Brief

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2

Parties

Alan Clark Thomson

Petitioner

John Rush

Second Respondent

Procedural Posture

Petition / Procedure Roll; Decree by Default Granted

Legal Issues

1 Whether the court should grant the prayer of the petition when the respondent is in default by failing to attend the procedure roll.

Ratio Decidendi

The respondent's failure to attend the procedure roll constituted default, justifying the grant of the prayer of the petition under the relevant court rules.

Court Disposition

prayer of the petition granted; decree by default pronounced

Orders

Authority granted to uplift consigned money