BYRES, ROBERT BYRES v PHILIP MOORE [2018] ScotSAC Civ 17 (29 June 2018)

BYRES, ROBERT BYRES v PHILIP MOORE [2018] ScotSAC Civ 17 (29 June 2018)

The sheriff did not err in law or in the exercise of discretion in awarding expenses against the appellant; the appeal is refused.

Citation
[2018] ScotSAC Civ 17
Parties
Appellant: Robert Byres; Respondent: Philip Moore
Jurisdiction
Scotland
Judgment Date
29 June 2018
Procedural Posture
Civil Appeal / Appeal
Outcome
appeal refused
Legal Topics
Appeal Against Sheriff's Decision, Expenses, Summary Cause Procedure
Civil Procedure Appeal Against Sheriff's Decision Expenses Summary Cause Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Robert Byres

Appellant

Philip Moore

Respondent

Procedural Posture

Civil Appeal / Appeal

Legal Issues

  1. 1 Whether the sheriff erred in awarding expenses against the appellant in a summary cause action
  2. 2 Whether the sheriff properly exercised discretion in the award of expenses

Ratio Decidendi

The sheriff did not err in law or in the exercise of discretion in awarding expenses against the appellant; the appeal is refused.

Court Disposition

appeal refused

Orders

  • The appeal is refused
  • The sheriff's award of expenses is affirmed