Semple Cochrane Plc v Hughes [2001] ScotCS 192 (25 July 2001)

Semple Cochrane Plc v Hughes [2001] ScotCS 192 (25 July 2001)

The court held that the dispensing power under Rule 2.1(1) is competent to relieve a party from the 7-day time limit in Rule 19.2(1) where the failure was due to mistake or oversight, and that justice required recall of the decree in absence so that the substantive issues could be tried on their merits.

Citation
[2001] ScotCS 192
Parties
Pursuer: Semple Cochrane Plc; Defender: Gerald John Hughes
Jurisdiction
Scotland
Judgment Date
25 July 2001
Procedural Posture
Civil / Motion to Recall Decree in Absence
Outcome
decree in absence recalled; defences allowed to be received; no expenses due to or by in respect of the motion
Legal Topics
Recall of Decree in Absence, Relief From Non Compliance, Unjust Enrichment, Repetition, Professional Courtesy
Civil Procedure Recall of Decree in Absence Relief From Non Compliance Unjust Enrichment Repetition Professional Courtesy

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Parties

Semple Cochrane Plc

Pursuer

Gerald John Hughes

Defender

Procedural Posture

Civil / Motion to Recall Decree in Absence

Legal Issues

  1. 1 Is it competent to use the general dispensing power under Rule 2.1(1) to recall a decree in absence after the 7-day time limit in Rule 19.2(1)?
  2. 2 Should the court exercise its discretion to grant relief from the time limit in the circumstances of this case?

Ratio Decidendi

The court held that the dispensing power under Rule 2.1(1) is competent to relieve a party from the 7-day time limit in Rule 19.2(1) where the failure was due to mistake or oversight, and that justice required recall of the decree in absence so that the substantive issues could be tried on their merits.

Court Disposition

decree in absence recalled; defences allowed to be received; no expenses due to or by in respect of the motion

Orders

  • decree in absence recalled
  • defences allowed to be received