Clydebank Housing Association Ltd v. McEmerson [2004] ScotSC 8 (22 January 2004)

Clydebank Housing Association Ltd v. McEmerson [2004] ScotSC 8 (22 January 2004)

The minute for recall did not contain a stateable defence to the action as required by rule 24.1(1) of the Summary Cause Rules 2002; therefore, the sheriff was correct to refuse recall, and the mandatory terms of rule 24.1(7) did not apply.

Citation
[2004] ScotSC 8
Parties
Pursuer: Clydebank Housing Association Ltd; Defender: Mrs Kathleen McEmerson
Jurisdiction
Scotland
Judgment Date
22 January 2004
Procedural Posture
Summary Cause Appeal / Appeal Against Refusal to Recall Decree
Outcome
Appeal refused
Legal Topics
Recall of Decree, Summary Cause Procedure, Requirements for Minute of Recall
Civil Procedure Housing Law Recall of Decree Summary Cause Procedure Requirements for Minute of Recall

Case Brief

Summary, issues, holding and outcome

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Parties

Clydebank Housing Association Ltd

Pursuer

Mrs Kathleen McEmerson

Defender

Procedural Posture

Summary Cause Appeal / Appeal Against Refusal to Recall Decree

Legal Issues

  1. 1 Whether the sheriff erred in law by refusing, on the ground of incompetence, to grant recall of decree despite the mandatory terms of rule 24.1(7) of the Summary Cause Rules 2002.

Ratio Decidendi

The minute for recall did not contain a stateable defence to the action as required by rule 24.1(1) of the Summary Cause Rules 2002; therefore, the sheriff was correct to refuse recall, and the mandatory terms of rule 24.1(7) did not apply.

Court Disposition

Appeal refused

Orders

  • Answers the question of law in the negative
  • Refuses the appeal