Capurro v. Burrows & Ors [2004] ScotSC 12 (09 February 2004)

Capurro v. Burrows & Ors [2004] ScotSC 12 (09 February 2004)

The court has no discretion to allow late answers under rule 8(4) of the 1991 Rules in the absence of a statutory dispensing power, and even if such discretion existed, the circumstances did not justify its exercise.

Citation
[2004] ScotSC 12
Parties
Applicant: Joseph Anthony Gerard Capurro; Respondents: Grace Burrows and Others
Jurisdiction
Scotland
Judgment Date
09 February 2004
Procedural Posture
Application for Commission as Sheriff Officer / Interlocutory Appeal on Motion to Receive Late Answers
Outcome
Respondents' motion to allow late answers refused.
Legal Topics
Time Limits for Lodging Answers, Court's Discretion to Extend Time, Sheriff Officer Commission Applications
Civil Procedure Administrative Law Time Limits for Lodging Answers Court's Discretion to Extend Time Sheriff Officer Commission Applications

Case Brief

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Parties

Joseph Anthony Gerard Capurro

Applicant

Grace Burrows and Others

Respondents

Procedural Posture

Application for Commission as Sheriff Officer / Interlocutory Appeal on Motion to Receive Late Answers

Legal Issues

  1. 1 Whether the court has discretion to allow late lodging of answers under rule 8(4) of the 1991 Rules
  2. 2 Whether the absence of a dispensing power in the 1991 Rules precludes relief for late answers

Ratio Decidendi

The court has no discretion to allow late answers under rule 8(4) of the 1991 Rules in the absence of a statutory dispensing power, and even if such discretion existed, the circumstances did not justify its exercise.

Court Disposition

Respondents' motion to allow late answers refused.

Orders

  • Refuses respondents' motion no 7/1 of process to allow the answers lodged on 27 October 2003 to be received.
  • Appoints a hearing on the application and assigns a diet.