CABOT FINANCIAL (UK) LTD AGAINST RYAN BELL [2023] ScotCS CSIH_43 (22 November 2023)

CABOT FINANCIAL (UK) LTD AGAINST RYAN BELL [2023] ScotCS CSIH_43 (22 November 2023)

Completion of Form 6C together with proof of recorded delivery posting creates a rebuttable presumption that formal service has been effected; evidence of delivery (e.g., Track and Trace) is not required unless available. The statutory and rule-based presumptions are not displaced by the Simple Procedure Rules. The appeal is allowed as the appellant complied with rule 18.2(4) by lodging Form 6C and the Post Office receipt.

Citation
[2023] ScotCS CSIH_43
Parties
Claimant and Appellant: Cabot Financial (UK) Limited; Respondent: Ryan Bell
Jurisdiction
Scotland
Judgment Date
22 November 2023
Procedural Posture
Appeal Under Section 113 of the Courts Reform (scotland) Act 2014 / Appeal From Sheriff Appeal Court to Inner House, Court of Session
Outcome
Appeal allowed
Legal Topics
Service of Process, Simple Procedure Rules, Presumption of Service, Postal Service Requirements
Civil Procedure Debt Recovery Service of Process Simple Procedure Rules Presumption of Service Postal Service Requirements

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Parties

Cabot Financial (UK) Limited

Claimant and Appellant

Ryan Bell

Respondent

Procedural Posture

Appeal Under Section 113 of the Courts Reform (scotland) Act 2014 / Appeal From Sheriff Appeal Court to Inner House, Court of Session

Legal Issues

  1. 1 What constitutes valid service by post under Simple Procedure prior to decree in absence?
  2. 2 Is evidence of delivery (e.g., Track and Trace confirmation) required, or is proof of posting sufficient under rule 18.2(4)?

Ratio Decidendi

Completion of Form 6C together with proof of recorded delivery posting creates a rebuttable presumption that formal service has been effected; evidence of delivery (e.g., Track and Trace) is not required unless available. The statutory and rule-based presumptions are not displaced by the Simple Procedure Rules. The appeal is allowed as the appellant complied with rule 18.2(4) by lodging Form 6C and the Post Office receipt.

Court Disposition

Appeal allowed

Orders

  • Interlocutor of the Sheriff Appeal Court dated 24 October 2022 and those of the summary sheriff dated 8 and 25 March, 8 April and 17 May 2022 recalled.
  • Court finds that lodging Form 6C and Post Office proof of postage receipt constituted service in terms of rule 18.2(4).