Dawson v. Shaw [2005] ScotSC 9 (02 February 2005)

Dawson v. Shaw [2005] ScotSC 9 (02 February 2005)

The sheriff erred in not considering the defender's late adjustments after the options hearing was rescheduled, and in confining himself to the pleadings as they stood. A fresh record should have been lodged incorporating the late adjustments, and the summary decree should be reconsidered in light of the updated record.

Citation
[2005] ScotSC 9
Parties
Pursuer and Respondent: Mrs Louise Dawson; Defender and Appellant: Mr Andrew Shaw
Jurisdiction
Scotland
Judgment Date
02 February 2005
Procedural Posture
Civil (landlord and Tenant) / Appeal Against Summary Decree
Outcome
Appeal sustained in part; part of the sheriff's interlocutor recalled; matter remitted for reconsideration of summary decree; expenses of appeal reserved.
Legal Topics
Summary Decree, Pleadings Adjustment, Options Hearing, Late Adjustments, Heritable Property, Ejection, Rent Arrears, Violent Profits
Civil Procedure Landlord and Tenant Summary Decree Pleadings Adjustment Options Hearing Late Adjustments Heritable Property Ejection +2 more

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Parties

Mrs Louise Dawson

Pursuer and Respondent

Mr Andrew Shaw

Defender and Appellant

Procedural Posture

Civil (landlord and Tenant) / Appeal Against Summary Decree

Legal Issues

  1. 1 Whether the sheriff erred in granting summary decree without considering late adjustments lodged by the defender
  2. 2 Whether the sheriff was entitled to confine consideration to the pleadings as they stood at the options hearing
  3. 3 Whether a fresh record should have been lodged incorporating late adjustments after the options hearing was rescheduled

Ratio Decidendi

The sheriff erred in not considering the defender's late adjustments after the options hearing was rescheduled, and in confining himself to the pleadings as they stood. A fresh record should have been lodged incorporating the late adjustments, and the summary decree should be reconsidered in light of the updated record.

Court Disposition

Appeal sustained in part; part of the sheriff's interlocutor recalled; matter remitted for reconsideration of summary decree; expenses of appeal reserved.

Orders

  • Recall that part of the interlocutor of 30 September 2004 relating to summary decree and options hearing.
  • Remit cause to sheriff to consider anew the pursuer's motion for summary decree in light of an updated record including defender's late adjustments.