Rennie v. Norquoy [2004] ScotSC 36 (18 May 2004)

Rennie v. Norquoy [2004] ScotSC 36 (18 May 2004)

The sheriff erred in law by disposing of the question of expenses without giving parties an opportunity to be heard, and by deducting £493 from the sum claimed without evidence. The matter of expenses must be remitted to the sheriff for reconsideration after hearing parties.

Citation
[2004] ScotSC 36
Parties
Pursuer and Appellant: Mick Rennie; Defender and Respondent: Magnus Norquoy
Jurisdiction
Scotland
Judgment Date
18 May 2004
Procedural Posture
Ordinary Cause (originally Summary Cause, Converted Due to Counterclaim) / Appeal From Sheriff's Interlocutor
Outcome
Appeal allowed. Interlocutor varied. Cause remitted to sheriff to reconsider expenses after hearing parties. Defender liable to pursuer for expenses of the appeal.
Legal Topics
Expenses (costs), Natural Justice, Counterclaim, Summary Cause Procedure, Ordinary Cause Procedure
Civil Procedure Contract Law Expenses (costs) Natural Justice Counterclaim Summary Cause Procedure Ordinary Cause Procedure

Case Brief

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Parties

Mick Rennie

Pursuer and Appellant

Magnus Norquoy

Defender and Respondent

Procedural Posture

Ordinary Cause (originally Summary Cause, Converted Due to Counterclaim) / Appeal From Sheriff's Interlocutor

Legal Issues

  1. 1 Whether the sheriff erred in deducting £493 from the sum claimed by the pursuer without evidence
  2. 2 Whether the sheriff erred in disposing of the question of expenses without giving parties an opportunity to be heard

Ratio Decidendi

The sheriff erred in law by disposing of the question of expenses without giving parties an opportunity to be heard, and by deducting £493 from the sum claimed without evidence. The matter of expenses must be remitted to the sheriff for reconsideration after hearing parties.

Court Disposition

Appeal allowed. Interlocutor varied. Cause remitted to sheriff to reconsider expenses after hearing parties. Defender liable to pursuer for expenses of the appeal.

Orders

  • Delete deduction of £493 from sum due; decree for £1,084.45 in favour of pursuer.
  • Delete finding that expenses are due to or by neither party.