NPOWER DIRECT Ltd v WILLIAM LOW [2017] ScotSAC Civ 21 (31 May 2017)

NPOWER DIRECT Ltd v WILLIAM LOW [2017] ScotSAC Civ 21 (31 May 2017)

The court held that the respondent was not liable for the debt as the applicant failed to prove the respondent was the account holder or occupier during the relevant period.

Citation
[2017] ScotSAC Civ 21
Parties
Applicant: NPOWER DIRECT Ltd; Respondent: WILLIAM LOW
Jurisdiction
Scotland
Judgment Date
31 May 2017
Procedural Posture
Civil Appeal / Appeal
Outcome
appeal dismissed
Legal Topics
Debt Recovery, Utility Supply, Appeal Procedure
Contract Law Debt Recovery Utility Supply Appeal Procedure

Case Brief

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Parties

NPOWER DIRECT Ltd

Applicant

WILLIAM LOW

Respondent

Procedural Posture

Civil Appeal / Appeal

Legal Issues

  1. 1 whether the respondent is liable for the debt claimed by the applicant
  2. 2 whether the sheriff erred in law in dismissing the applicant's claim

Ratio Decidendi

The court held that the respondent was not liable for the debt as the applicant failed to prove the respondent was the account holder or occupier during the relevant period.

Court Disposition

appeal dismissed

Orders

  • No order as to expenses