BBM SOLICITORS AGAIN MALCOLM YOUNGER [2014] ScotSC 95 (21 October 2014)

BBM SOLICITORS AGAIN MALCOLM YOUNGER [2014] ScotSC 95 (21 October 2014)

The decree was granted under rule 8.2(5), making the minute for recall competent under rule 24.1(1)(b); defender must lodge written note of defence giving fair notice.

Citation
[2014] ScotSC 95
Parties
Pursuer: BBM Solicitors; Defender: Malcolm Younger
Jurisdiction
Scotland
Judgment Date
21 October 2014
Procedural Posture
Summary Cause / Post Decree Recall Application
Outcome
decree recalled; hearing assigned; expenses reserved
Legal Topics
Recall of Decree, Summary Cause Rules, Professional Negligence
Civil Procedure Recall of Decree Summary Cause Rules Professional Negligence

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 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

BBM Solicitors

Pursuer

Malcolm Younger

Defender

Procedural Posture

Summary Cause / Post Decree Recall Application

Legal Issues

  1. 1 Competency of minute for recall of decree under summary cause rules
  2. 2 Basis for decree granted in pursuers' favour
  3. 3 Adequacy of notice of defence

Ratio Decidendi

The decree was granted under rule 8.2(5), making the minute for recall competent under rule 24.1(1)(b); defender must lodge written note of defence giving fair notice.

Court Disposition

decree recalled; hearing assigned; expenses reserved

Orders

  • Recall of decree granted in pursuers' favour on 22 July 2014
  • Hearing assigned for 14 November 2014 under summary cause rules 8.2(3)-(7) and 8.3