Warwick v. Green [2004] ScotCS 133 (25 May 2004)

Warwick v. Green [2004] ScotCS 133 (25 May 2004)

The only medical evidence before the sheriff on the date of proof indicated the appellant was fit to attend; appellant's conduct and lack of supporting medical report justified refusal of relief and decree of absolvitor.

Citation
[2004] ScotCS 133
Parties
Pursuer and Appellant: Dean Warwick; Defender and Respondent: Alan Green
Jurisdiction
Scotland
Judgment Date
25 May 2004
Procedural Posture
Appeal / Final Judgment
Outcome
appeal refused
Legal Topics
Proof on Quantum, Absence at Proof, Medical Evidence, Discretion to Grant Relief
Civil Procedure Proof on Quantum Absence at Proof Medical Evidence Discretion to Grant Relief

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2
Sign in to unlock

Parties

Dean Warwick

Pursuer and Appellant

Alan Green

Defender and Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether appellant's absence at proof was justified by medical grounds
  2. 2 Whether relief should be granted to appellant despite absence

Ratio Decidendi

The only medical evidence before the sheriff on the date of proof indicated the appellant was fit to attend; appellant's conduct and lack of supporting medical report justified refusal of relief and decree of absolvitor.

Court Disposition

appeal refused

Orders

  • decree of absolvitor granted