Glasgow Housing Association v. Li [2009] ScotSC 47 (03 December 2009)

While it is competent to grant summary decree at a peremptory diet, it was not competent in this case because the required notice under Rule 12.2.(3) was not given to the defender.

Citation: [2009] ScotSC 47
Parties: Pursuer/respondent: Glasgow Housing Association; Defender/appellant: Li
Jurisdiction: Scotland
Judgment Date: 03 December 2009
Procedural Posture: Appeal (housing Possession and Arrears) / Appeal Against Summary Decree; Remitted for Proof
Outcome: Appeal allowed; summary decree set aside; proof assigned; no expenses due to or by either party.
Legal Topics: Summary Decree, Notice Requirements, Reasonableness in Eviction, Housing Benefit, Procedural Fairness

Housing Law Civil Procedure Summary Decree Notice Requirements Reasonableness in Eviction Housing Benefit Procedural Fairness

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 3 Authorities cited 3 Party arguments 2

Parties

Glasgow Housing Association

Pursuer/respondent

Defender/appellant

Procedural Posture

Appeal (housing Possession and Arrears) / Appeal Against Summary Decree; Remitted for Proof

Legal Issues

1 Whether the sheriff addressed the correct criteria for reasonableness under Section 16(3) of the Housing (Scotland) Act 2007
2 Whether it was competent to grant summary decree after proof had been allowed but discharged
3 Whether it was competent to grant summary decree at a peremptory diet without proper notice

Ratio Decidendi

While it is competent to grant summary decree at a peremptory diet, it was not competent in this case because the required notice under Rule 12.2.(3) was not given to the defender.

Court Disposition

Appeal allowed; summary decree set aside; proof assigned; no expenses due to or by either party.

Orders

Allows the appeal
Assigns 19 February 2010 at 10.00 am for proof